By Lucio S.B. No. 125 76R1827 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to regulating leasing in certain manufactured home 1-3 communities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 8, Property Code, is amended by adding 1-6 Chapter 94 to read as follows: 1-7 CHAPTER 94. MANUFACTURED HOME TENANCIES 1-8 Sec. 94.001. DEFINITIONS. In this chapter: 1-9 (1) "Landlord" means the owner of a manufactured home 1-10 community and includes an agent or employee of the landlord. 1-11 (2) "Manufactured home" has the meaning assigned by 1-12 Section 3, Texas Manufactured Housing Standards Act (Article 5221f, 1-13 Vernon's Texas Civil Statutes). 1-14 (3) "Manufactured home community" means a parcel of 1-15 land on which 25 or more spaces are rented or available for rent 1-16 for installing and occupying manufactured homes. 1-17 (4) "Tenant" means a person who is authorized by lease 1-18 to occupy a space in a manufactured home community. 1-19 Sec. 94.002. APPLICABILITY. This chapter applies only to 1-20 the relationship between landlords and tenants in manufactured home 1-21 communities. 1-22 Sec. 94.003. LEASE REQUIREMENTS. (a) A landlord may not 1-23 rent a space in a manufactured home community unless the landlord 1-24 provides the tenant with a written lease signed by the landlord. 2-1 (b) A lease agreement must be for a term of at least one 2-2 year. 2-3 (c) The lease agreement must include: 2-4 (1) a description of the leased space, including the 2-5 address or number of the space; 2-6 (2) the rental amount, the interval at which the rent 2-7 must be paid, and the date on which the periodic rental payments 2-8 are due; 2-9 (3) the penalty for late payment of rent, if any, and 2-10 the date on which the penalty will be imposed; and 2-11 (4) a description of the tenant's rights and 2-12 obligations and the landlord's rights and obligations, including 2-13 services to be provided by the landlord, under the lease agreement. 2-14 (d) The landlord may incorporate the rules of the 2-15 manufactured home community in the lease agreement by reference. 2-16 If the landlord incorporates the rules in the lease agreement, the 2-17 landlord is bound by those rules for the full term of the lease. 2-18 Sec. 94.004. TERMINATION OF LEASE. (a) A landlord may 2-19 terminate a lease only if: 2-20 (1) the tenant fails to comply with local or state 2-21 laws relating to manufactured homes or with reasonable lease 2-22 provisions or manufactured home community rules; or 2-23 (2) the rented space is condemned. 2-24 (b) A landlord who terminates a lease under this section 2-25 must: 2-26 (1) notify the tenant in writing that the lease is 2-27 terminated; and 3-1 (2) provide the tenant at least 30 days to remove a 3-2 tenant-owned manufactured home. 3-3 SECTION 2. The importance of this legislation and the 3-4 crowded condition of the calendars in both houses create an 3-5 emergency and an imperative public necessity that the 3-6 constitutional rule requiring bills to be read on three several 3-7 days in each house be suspended, and this rule is hereby suspended.