AN ACT
1-1 relating to requiring manufactured home rental communities to
1-2 comply with county infrastructure regulations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 232.007, Local Government Code, is
1-5 amended by amending Subsection (a) and adding Subsections (c)
1-6 through (h) to read as follows:
1-7 (a) In this section:
1-8 (1) "Manufactured[, "manufactured] home rental
1-9 community" means a plot or tract of land that is separated into two
1-10 or more spaces or lots that are rented, leased, or offered for rent
1-11 or lease, for a term of less than 60 months without a purchase
1-12 option, for the installation of manufactured homes for use and
1-13 occupancy as residences.
1-14 (2) "Business day" means a day other than a Saturday,
1-15 Sunday, or holiday recognized by this state.
1-16 (c) After a public hearing and after notice is published in
1-17 a newspaper of general circulation in the county, the commissioners
1-18 court of a county, by order adopted and entered in the minutes of
1-19 the commissioners court, may establish minimum infrastructure
1-20 standards for manufactured home rental communities located in the
1-21 county outside the limits of a municipality. The minimum standards
1-22 may include only:
1-23 (1) reasonable specifications to provide adequate
1-24 drainage in accordance with standard engineering practices,
2-1 including specifying necessary drainage culverts and identifying
2-2 areas included in the 100-year flood plain;
2-3 (2) reasonable specifications for providing an
2-4 adequate public or community water supply, including specifying the
2-5 location of supply lines, in accordance with Subchapter C, Chapter
2-6 341, Health and Safety Code;
2-7 (3) reasonable requirements for providing access to
2-8 sanitary sewer lines, including specifying the location of sanitary
2-9 sewer lines, or providing adequate on-site sewage facilities in
2-10 accordance with Chapter 366, Health and Safety Code;
2-11 (4) a requirement for the preparation of a survey
2-12 identifying the proposed manufactured home rental community
2-13 boundaries and any significant features of the community, including
2-14 the proposed location of manufactured home rental community spaces,
2-15 utility easements, and dedications of rights-of-way; and
2-16 (5) reasonable specifications for streets or roads in
2-17 the manufactured rental home community to provide ingress and
2-18 egress access for fire and emergency vehicles.
2-19 (d) The commissioners court may not adopt minimum
2-20 infrastructure standards that are more stringent than requirements
2-21 adopted by the commissioners court for subdivisions. The
2-22 commissioners court may only adopt minimum infrastructure standards
2-23 for ingress and egress access by fire and emergency vehicles that
2-24 are reasonably necessary.
2-25 (e) If the commissioners court adopts minimum infrastructure
2-26 standards for manufactured home rental communities, the owner of
3-1 land located outside the limits of a municipality who intends to
3-2 use the land for a manufactured home rental community must have an
3-3 infrastructure development plan prepared that complies with the
3-4 minimum infrastructure standards adopted by the commissioners court
3-5 under Subsection (c).
3-6 (f) Not later than the 60th day after the date the owner of
3-7 a proposed manufactured home rental community submits an
3-8 infrastructure development plan for approval, the county engineer
3-9 or another person designated by the commissioners court shall
3-10 approve or reject the plan in writing. If the plan is rejected,
3-11 the written rejection must specify the reasons for the rejection
3-12 and the actions required for approval of the plan. The failure to
3-13 reject a plan within the period prescribed by this subsection
3-14 constitutes approval of the plan.
3-15 (g) Construction of a proposed manufactured home rental
3-16 community may not begin before the date the county engineer or
3-17 another person designated by the commissioners court approves the
3-18 infrastructure development plan. The commissioners court may
3-19 require inspection of the infrastructure during or on completion of
3-20 its construction. If a final inspection is required, the final
3-21 inspection must be completed not later than the second business day
3-22 after the date the commissioners court or the person designated by
3-23 the commissioners court receives a written confirmation from the
3-24 owner that the construction of the infrastructure is complete. If
3-25 the inspector determines that the infrastructure complies with the
3-26 infrastructure development plan, the commissioners court shall
4-1 issue a certificate of compliance not later than the fifth business
4-2 day after the date the final inspection is completed. If a final
4-3 inspection is not required, the commissioners court shall issue a
4-4 certificate of compliance not later than the fifth business day
4-5 after the date the commissioners court or the person designated by
4-6 the commissioners court receives written certification from the
4-7 owner that construction of the infrastructure has been completed in
4-8 compliance with the infrastructure development plan.
4-9 (h) A utility may not provide utility services, including
4-10 water, sewer, gas, and electric services, to a manufactured home
4-11 rental community subject to an infrastructure development plan or
4-12 to a manufactured home in the community unless the owner provides
4-13 the utility with a copy of the certificate of compliance issued
4-14 under Subsection (g). This subsection applies only to:
4-15 (1) a municipality that provides utility services;
4-16 (2) a municipally owned or municipally operated
4-17 utility that provides utility services;
4-18 (3) a public utility that provides utility services;
4-19 (4) a nonprofit water supply or sewer service
4-20 corporation organized and operating under Chapter 67, Water Code,
4-21 that provides utility services;
4-22 (5) a county that provides utility services; and
4-23 (6) a special district or authority created by state
4-24 law that provides utility services.
4-25 SECTION 2. The change in law made by this Act applies only
4-26 to a manufactured rental home community for which construction is
5-1 commenced on or after the date minimum infrastructure standards
5-2 adopted by the commissioners court as provided by Section 232.007,
5-3 Local Government Code, as amended by this Act, take effect.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 712 passed the Senate on
April 29, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 712 passed the House on
May 8, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor