1-1 By: Wentworth S.B. No. 712
1-2 (In the Senate - Filed February 25, 1999; March 1, 1999,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; April 19, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 April 19, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 712 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to requiring manufactured home rental communities to
1-11 comply with county infrastructure regulations.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 232.007, Local Government Code, is
1-14 amended by amending Subsection (a) and adding Subsections (c)
1-15 through (h) to read as follows:
1-16 (a) In this section:
1-17 (1) "Manufactured[, "manufactured] home rental
1-18 community" means a plot or tract of land that is separated into two
1-19 or more spaces or lots that are rented, leased, or offered for rent
1-20 or lease, for a term of less than 60 months without a purchase
1-21 option, for the installation of manufactured homes for use and
1-22 occupancy as residences.
1-23 (2) "Business day" means a day other than a Saturday,
1-24 Sunday, or holiday recognized by this state.
1-25 (c) After a public hearing and after notice is published in
1-26 a newspaper of general circulation in the county, the commissioners
1-27 court of a county, by order adopted and entered in the minutes of
1-28 the commissioners court, may establish minimum infrastructure
1-29 standards for manufactured home rental communities located in the
1-30 county outside the limits of a municipality. The minimum standards
1-31 may include only:
1-32 (1) reasonable specifications to provide adequate
1-33 drainage in accordance with standard engineering practices,
1-34 including specifying necessary drainage culverts and identifying
1-35 areas included in the 100-year flood plain;
1-36 (2) reasonable specifications for providing an
1-37 adequate public or community water supply, including specifying the
1-38 location of supply lines, in accordance with Subchapter C, Chapter
1-39 341, Health and Safety Code;
1-40 (3) reasonable requirements for providing access to
1-41 sanitary sewer lines, including specifying the location of sanitary
1-42 sewer lines, or providing adequate on-site sewage facilities in
1-43 accordance with Chapter 366, Health and Safety Code;
1-44 (4) a requirement for the preparation of a survey
1-45 identifying the proposed manufactured home rental community
1-46 boundaries and any significant features of the community, including
1-47 the proposed location of manufactured home rental community spaces,
1-48 utility easements, and dedications of rights-of-way; and
1-49 (5) reasonable specifications for streets or roads in
1-50 the manufactured rental home community to provide ingress and
1-51 egress access for fire and emergency vehicles.
1-52 (d) The commissioners court may not adopt minimum
1-53 infrastructure standards that are more stringent than requirements
1-54 adopted by the commissioners court for subdivisions. The
1-55 commissioners court may only adopt minimum infrastructure standards
1-56 for ingress and egress access by fire and emergency vehicles that
1-57 are reasonably necessary.
1-58 (e) If the commissioners court adopts minimum infrastructure
1-59 standards for manufactured home rental communities, the owner of
1-60 land located outside the limits of a municipality who intends to
1-61 use the land for a manufactured home rental community must have an
1-62 infrastructure development plan prepared that complies with the
1-63 minimum infrastructure standards adopted by the commissioners court
1-64 under Subsection (c).
2-1 (f) Not later than the 60th day after the date the owner of
2-2 a proposed manufactured home rental community submits an
2-3 infrastructure development plan for approval, the county engineer
2-4 or another person designated by the commissioners court shall
2-5 approve or reject the plan in writing. If the plan is rejected,
2-6 the written rejection must specify the reasons for the rejection
2-7 and the actions required for approval of the plan. The failure to
2-8 reject a plan within the period prescribed by this subsection
2-9 constitutes approval of the plan.
2-10 (g) Construction of a proposed manufactured home rental
2-11 community may not begin before the date the county engineer or
2-12 another person designated by the commissioners court approves the
2-13 infrastructure development plan. The commissioners court may
2-14 require inspection of the infrastructure during or on completion of
2-15 its construction. If a final inspection is required, the final
2-16 inspection must be completed not later than the second business day
2-17 after the date the commissioners court or the person designated by
2-18 the commissioners court receives a written confirmation from the
2-19 owner that the construction of the infrastructure is complete. If
2-20 the inspector determines that the infrastructure complies with the
2-21 infrastructure development plan, the commissioners court shall
2-22 issue a certificate of compliance not later than the fifth business
2-23 day after the date the final inspection is completed. If a final
2-24 inspection is not required, the commissioners court shall issue a
2-25 certificate of compliance not later than the fifth business day
2-26 after the date the commissioners court or the person designated by
2-27 the commissioners court receives written certification from the
2-28 owner that construction of the infrastructure has been completed in
2-29 compliance with the infrastructure development plan.
2-30 (h) A utility may not provide utility services, including
2-31 water, sewer, gas, and electric services, to a manufactured home
2-32 rental community subject to an infrastructure development plan or
2-33 to a manufactured home in the community unless the owner provides
2-34 the utility with a copy of the certificate of compliance issued
2-35 under Subsection (g). This subsection applies only to:
2-36 (1) a municipality that provides utility services;
2-37 (2) a municipally owned or municipally operated
2-38 utility that provides utility services;
2-39 (3) a public utility that provides utility services;
2-40 (4) a nonprofit water supply or sewer service
2-41 corporation organized and operating under Chapter 67, Water Code,
2-42 that provides utility services;
2-43 (5) a county that provides utility services; and
2-44 (6) a special district or authority created by state
2-45 law that provides utility services.
2-46 SECTION 2. The change in law made by this Act applies only
2-47 to a manufactured rental home community for which construction is
2-48 commenced on or after the date minimum infrastructure standards
2-49 adopted by the commissioners court as provided by Section 232.007,
2-50 Local Government Code, as amended by this Act, take effect.
2-51 * * * * *