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.