By Oakley                                       H.B. No. 2623

      75R7713 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to county regulation of the installation of manufactured

 1-3     housing in certain areas.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  The Texas Manufactured Housing Standards Act

 1-6     (Article 5221f, Vernon's Texas Civil Statutes) is amended by adding

 1-7     Section 4B to read as follows:

 1-8           Sec. 4B.  COUNTIES.  (a)  The commissioners court of a county

 1-9     by order may prohibit the installation of a mobile home for use or

1-10     occupancy as a residential dwelling within the unincorporated area

1-11     of the county.  A prohibition under this section must be

1-12     prospective and may not apply to a mobile home previously legally

1-13     permitted and used or occupied as a residential dwelling within the

1-14     unincorporated area of the county.  Permits for use and occupancy

1-15     of a mobile home must be granted by the commissioners court for the

1-16     replacement of a mobile home within the unincorporated area of the

1-17     county with a HUD-Code manufactured home.

1-18           (b)  Upon application, the installation of a HUD-Code

1-19     manufactured home is permitted as a residential dwelling in areas

1-20     determined appropriate by the commissioners court, including

1-21     subdivisions, planned unit developments, single lots, and rental

1-22     communities and parks.  An application to install a new HUD-Code

1-23     manufactured home for use and occupancy as a residential dwelling

1-24     is deemed approved and granted unless the commissioners court

 2-1     denies the application and states the reason for the denial in

 2-2     writing within 45 days from the date the application was received.

 2-3           (c)  This section shall not affect the validity of any deed

 2-4     restriction that is otherwise valid.

 2-5           SECTION 2.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended,

2-10     and that this Act take effect and be in force from and after its

2-11     passage, and it is so enacted.