By Lucio                                              S.B. No. 1522
         77R6859 AJA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to regulating leasing in certain manufactured home
 1-3     communities; providing penalties.
 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                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-9           Sec. 94.001.  DEFINITIONS.  In this chapter:
1-10                 (1)  "Landlord" means the owner or manager of a
1-11     manufactured home community. The term does not include an employee
1-12     or agent of the landlord other than the manager unless the employee
1-13     or agent is represented as the owner or manager in a lease
1-14     agreement.
1-15                 (2)  "Lease agreement" means a written agreement
1-16     between a landlord and a tenant that establishes the terms,
1-17     conditions, and other provisions for installing and occupying a
1-18     manufactured home on the premises of a manufactured home community.
1-19                 (3)  "Manufactured home" has the meaning assigned by
1-20     Section 3, Texas Manufactured Housing Standards Act (Article 5221f,
1-21     Vernon's Texas Civil Statutes).
1-22                 (4)  "Manufactured home lot" means the space allocated
1-23     in the lease agreement for the installation of the tenant's
1-24     manufactured home and the area adjacent to that space designated
 2-1     for the tenant's exclusive use.
 2-2                 (5)  "Manufactured home community" means a parcel of
 2-3     land on which four or more lots are offered for lease for
 2-4     installing and occupying manufactured homes.
 2-5                 (6)  "Manufactured home community rules" means the
 2-6     rules provided in a written document that establish the policies
 2-7     and regulations relating to the use, occupancy, and quiet enjoyment
 2-8     of and the health, safety, and welfare of tenants of the
 2-9     manufactured home community.
2-10                 (7)  "Normal wear and tear" means deterioration that
2-11     results from intended use of the premises, including breakage or
2-12     malfunction due to age or deteriorated condition, but the term does
2-13     not include deterioration that results from negligence,
2-14     carelessness, accident, or abuse of the premises, equipment, or
2-15     chattels by the tenant, a member of the tenant's household, or a
2-16     guest or invitee of the tenant.
2-17                 (8)  "Premises" means a tenant's manufactured home lot,
2-18     any area or facility the lease authorizes the tenant to use, and
2-19     the appurtenances, grounds, and facilities held out for the use of
2-20     tenants generally.
2-21                 (9)  "Tenant" means a person who is authorized by a
2-22     lease agreement to occupy a lot in a manufactured home community.
2-23           Sec. 94.002.  APPLICABILITY.  (a)  Except as provided by
2-24     Subsection (b), this chapter applies only to the relationship
2-25     between a landlord who leases property in a manufactured home
2-26     community and a tenant leasing property in the manufactured home
2-27     community.
 3-1           (b)  This chapter does not apply to the relationship between:
 3-2                 (1)  a landlord who owns a manufactured home and a
 3-3     tenant who leases the manufactured home from the landlord; or
 3-4                 (2)  a landlord and an agent or employee of the
 3-5     landlord.
 3-6           Sec. 94.003.  WAIVER OF RIGHTS AND OBLIGATIONS.  A provision
 3-7     in a lease agreement or a manufactured home community rule that
 3-8     waives or limits a right granted to a tenant or an obligation
 3-9     imposed on a landlord under this chapter is void and unenforceable.
3-10           Sec. 94.004.  LANDLORD'S RIGHT OF ENTRY.  (a)  Except as
3-11     provided by this section, the landlord may not enter a tenant's
3-12     manufactured home unless:
3-13                 (1)  the tenant is present and gives consent; or
3-14                 (2)  the tenant has previously given written consent.
3-15           (b)  The written consent under Subsection (a)(2) must specify
3-16     the date and time entry is permitted and is valid only for the date
3-17     and time specified.  The tenant may revoke the consent without
3-18     penalty at any time by notifying the landlord in writing that the
3-19     consent has been revoked.
3-20           (c)  The landlord may enter the tenant's manufactured home in
3-21     a reasonable manner and at a reasonable time if the landlord has
3-22     reasonable cause to believe:
3-23                 (1)  an emergency exists; or
3-24                 (2)  the tenant has abandoned the manufactured home.
3-25           Sec. 94.005.  COMMON AREA FACILITIES. Each common area
3-26     facility must be designated in the lease agreement or manufactured
3-27     home community rules.  The landlord shall post the hours of
 4-1     operation or availability of the facility in a conspicuous place at
 4-2     the facility.
 4-3           Sec. 94.006.  TENANT MEETINGS. Any limitations on meetings by
 4-4     tenants in the common area facilities must be included in the
 4-5     manufactured home community rules.
 4-6           Sec. 94.007.  CASH RENTAL PAYMENTS. (a)  A landlord shall
 4-7     accept a tenant's cash rental payment unless the lease agreement
 4-8     requires the tenant to make rental payments by check, money order,
 4-9     or other traceable or negotiable instrument.
4-10           (b)  A landlord who receives a cash rental payment shall:
4-11                 (1)  provide the tenant with a written receipt; and
4-12                 (2)  enter the payment date and amount in a record book
4-13     maintained by the landlord.
4-14           (c)  A tenant or a governmental entity or civic association
4-15     acting on the tenant's behalf may file suit against a landlord to
4-16     enjoin a violation of this section.
4-17           Sec. 94.008.  MANUFACTURED HOME COMMUNITY RULES. (a)  A
4-18     landlord may adopt reasonable manufactured home community rules.
4-19           (b)  Manufactured home community rules are considered part of
4-20     the lease agreement regardless of whether the rules are provided to
4-21     the tenant in a document that is separate from the lease agreement.
4-22           (c)  The landlord may add to or amend manufactured home
4-23     community rules.  If the landlord adds or amends a rule, the rule
4-24     is not effective until the 30th day after the date each tenant is
4-25     provided with a written copy of the added or amended rule.
4-26           Sec. 94.009.  NOTICE TO TENANT AT PRIMARY RESIDENCE.
4-27     (a)  Notices to the tenant required by the lease agreement, by this
 5-1     chapter, or by Chapter 24 must be sent to the tenant's primary
 5-2     address at the manufactured home community unless the tenant gives
 5-3     the landlord written notice of a secondary address for the receipt
 5-4     of notices.
 5-5           (b)  The tenant shall notify the landlord in writing of any
 5-6     change in the tenant's primary or secondary address.  Oral notices
 5-7     of change are insufficient.
 5-8           (c)  A notice to a tenant may be sent by regular United
 5-9     States mail and is considered as having been given on the date of
5-10     postmark of the notice.
5-11           (d)  If there is more than one tenant on a lease agreement,
5-12     the landlord is not required under this section to send notices to
5-13     the primary or secondary address of more than one tenant.
5-14           (e)  This section does not apply if notice is actually hand
5-15     delivered to and received by a person occupying the leased premises
5-16     who is 16 years of age or older.
5-17           Sec. 94.010.  DISCLOSURE OF OWNERSHIP AND MANAGEMENT.  (a)  A
5-18     landlord shall disclose to a tenant, or to any governmental
5-19     official or employee acting in an official capacity, according to
5-20     this section:
5-21                 (1)  the name and either a street or post office box
5-22     address of the holder of record title, according to the deed
5-23     records in the county clerk's office, of the premises leased by the
5-24     tenant or inquired about by the governmental official or employee
5-25     acting in an official capacity; and
5-26                 (2)  if an entity located off-site from the
5-27     manufactured home community is primarily responsible for managing
 6-1     the leased premises, the name and street address of that entity.
 6-2           (b)  Disclosure to a tenant under Subsection (a) must be made
 6-3     by:
 6-4                 (1)  including the information in the tenant's lease
 6-5     agreement or in the manufactured home community rules; or
 6-6                 (2)  continuously posting the information in a
 6-7     conspicuous place in the manufactured home community or the office
 6-8     of the on-site manager.
 6-9           (c)  Disclosure of information under Subsection (a) to a
6-10     governmental official or employee must be made by giving the
6-11     information in writing to the official or employee on or before the
6-12     10th day after the date the landlord receives a written request for
6-13     the information from the official or employee.
6-14           (d)  If the information required under Subsection (a)
6-15     changes, the landlord must notify each tenant of the change in
6-16     writing on or before the 30th day after the date the information
6-17     changes.  A separate written notice of the change may be provided
6-18     to each tenant, or the landlord may provide the tenant with an
6-19     addendum to the lease agreement or an amendment to the manufactured
6-20     home community rules.
6-21           (e)  For the purposes of this section, an owner or property
6-22     manager may disclose either an actual name or an assumed name if an
6-23     assumed name certificate has been recorded with the county clerk.
6-24           Sec. 94.011.  LANDLORD'S AGENT FOR SERVICE OF PROCESS.  In a
6-25     lawsuit by a tenant to enforce a legal obligation of the owner as
6-26     landlord of the manufactured home community, service of process
6-27     must be made on the owner or manager identified under Section
 7-1     94.010(a).
 7-2           Sec. 94.012.  VENUE.  Venue for an action under this chapter
 7-3     is governed by Section 15.0115, Civil Practice and Remedies Code.
 7-4               (Sections 94.013-94.050 reserved for expansion
 7-5                       SUBCHAPTER B.  LEASE AGREEMENT
 7-6           Sec. 94.051.  INFORMATION TO BE PROVIDED TO PROSPECTIVE
 7-7     TENANT. At the time the landlord receives an application from a
 7-8     prospective tenant, the landlord shall provide the prospective
 7-9     tenant with a copy of:
7-10                 (1)  the proposed lease agreement for the manufactured
7-11     home community;
7-12                 (2)  any manufactured home community rules; and
7-13                 (3)  written notice of the landlord's right of
7-14     eviction, including a statement that the tenant may incur
7-15     significant costs in moving the manufactured home.
7-16           Sec. 94.052.  TERM OF LEASE.  A landlord shall offer the
7-17     tenant a lease agreement with a term of not less than six months.
7-18     In addition, the landlord may offer the tenant a lease agreement
7-19     with a term of less than six months but at least one month.  The
7-20     tenant may choose any lease term offered.
7-21           Sec. 94.053.  LEASE REQUIREMENTS AND DISCLOSURES.  (a)  A
7-22     lease agreement must be:
7-23                 (1)  typed or printed in legible handwriting; and
7-24                 (2)  signed by the landlord or an agent designated in
7-25     writing by the landlord and by the tenant.
7-26           (b)  The landlord shall provide the tenant with a copy of the
7-27     lease agreement after the lease has been signed.
 8-1           (c)  A lease agreement must contain the following
 8-2     information:
 8-3                 (1)  the address or number of the manufactured home lot
 8-4     and the number and location of parking spaces as designated by the
 8-5     landlord;
 8-6                 (2)  the lease term and a disclosure informing the
 8-7     tenant of the tenant's right to renew the lease as provided by
 8-8     Section 94.054;
 8-9                 (3)  the rental amount;
8-10                 (4)  the interval at which rent must be paid and the
8-11     date on which periodic rental payments are due;
8-12                 (5)  any charge for late payment or fee or charge for
8-13     any service or facility;
8-14                 (6)  the amount of any security deposit;
8-15                 (7)  the name and address of the person designated to
8-16     accept official notices for the landlord;
8-17                 (8)  a disclosure of the landlord's right to terminate
8-18     the lease agreement if there is a change in the land use of the
8-19     manufactured home community during the lease term as provided by
8-20     Section 94.204;
8-21                 (9)  the manufactured home community rules or a
8-22     statement that the rules are incorporated into the lease agreement
8-23     by reference and a description of the procedures for amending the
8-24     rules;
8-25                 (10)  a prominent disclosure informing the tenant that
8-26     Chapter 94, Property Code, governs certain rights granted to the
8-27     tenant and obligations imposed on the landlord by law;
 9-1                 (11)  if there is a temporary zoning permit for the
 9-2     land use of the manufactured home community, the date the zoning
 9-3     permit expires;
 9-4                 (12)  a disclosure of any addendum to the lease
 9-5     agreement that will be incorporated by reference relating to the
 9-6     submetering of utility services; and
 9-7                 (13)  any other terms or conditions of occupancy.
 9-8           (d)  A prospective tenant must disclose to the landlord
 9-9     before executing a lease the name and address of each person who
9-10     holds a lien on the prospective tenant's manufactured home.
9-11           Sec. 94.054.  RENEWAL OF LEASE.  (a)  At the expiration of a
9-12     lease agreement, the agreement is automatically renewed for the
9-13     same lease period and under the same terms as the previous lease
9-14     agreement unless:
9-15                 (1)  the tenant notifies the landlord not later than
9-16     the 30th day before the date the lease agreement terminates that
9-17     the tenant intends to surrender the manufactured home lot; or
9-18                 (2)  the landlord changes the lease terms as provided
9-19     by this section.
9-20           (b)  Not later than the 30th day before the date the lease
9-21     agreement terminates, the landlord shall offer the tenant a renewal
9-22     lease agreement.  The renewal offer must disclose the proposed
9-23     rental amount and any other change in the lease terms.
9-24           (c)  If a renewal lease agreement has not been executed on or
9-25     before the date of the expiration of a lease agreement, the tenancy
9-26     becomes a month-to-month tenancy subject to Chapter 91.
9-27           Sec. 94.055.  PENALTY FOR LATE PAYMENT.  A landlord may
 10-1    assess a penalty for late payment of rent or another fee or charge
 10-2    if the payment is not remitted on or before the date the payment is
 10-3    due.
 10-4          Sec. 94.056.  ASSIGNMENT OF LEASE AND SUBLEASE. (a)  The
 10-5    landlord may prohibit the assignment of a lease agreement and any
 10-6    sublease of the manufactured home lot.
 10-7          (b)  If the landlord allows the assignment of the lease
 10-8    agreement or sublease of the manufactured home lot, the lease
 10-9    agreement must specify the conditions under which the assignment or
10-10    sublease can be made.
10-11              (Sections 94.057-94.100 reserved for expansion
10-12                      SUBCHAPTER C.  SECURITY DEPOSIT
10-13          Sec. 94.101.  SECURITY DEPOSIT. In this chapter, "security
10-14    deposit" means any advance of money, other than a rental
10-15    application deposit or an advance payment of rent, that is intended
10-16    primarily to secure performance under a lease of a lot in a
10-17    manufactured home community that has been entered into by a
10-18    landlord and a tenant.  The term does not include any other
10-19    specific fee or charge expressly provided for in the lease
10-20    agreement.
10-21          Sec. 94.102.  SECURITY DEPOSIT PERMITTED. (a)  At the time
10-22    the tenant executes the initial lease agreement, the landlord may
10-23    require a security deposit that does not exceed the amount of four
10-24    months' rent under the lease agreement.
10-25          (b)  The landlord shall keep accurate records relating to
10-26    security deposits.
10-27          Sec. 94.103.  OBLIGATION TO REFUND.  (a)  Except as provided
 11-1    by this subchapter, the landlord shall refund the security deposit
 11-2    not later than the 30th day after the date the tenant surrenders
 11-3    the manufactured home lot.  The refund shall be mailed to the
 11-4    tenant at an address specified by the tenant.
 11-5          (b)  A requirement that a tenant give advance notice of
 11-6    surrender of the manufactured home lot as a condition for refunding
 11-7    the security deposit is effective only if the requirement is
 11-8    underlined or is printed in conspicuous bold print in the lease.
 11-9          (c)  The tenant's claim to the security deposit takes
11-10    priority over the claim of any creditor of the landlord, including
11-11    a trustee in bankruptcy.
11-12          Sec. 94.104.  CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR
11-13    RENT PREPAYMENT.  (a)  Except as provided by Subsection (b), a
11-14    landlord who receives a security deposit or rent prepayment for a
11-15    manufactured home lot from a tenant who fails to occupy the lot
11-16    according to a lease agreement between the landlord and the tenant
11-17    may not retain the security deposit or rent prepayment if:
11-18                (1)  the tenant secures a replacement tenant
11-19    satisfactory to the landlord and the replacement tenant occupies
11-20    the lot on or before the commencement date of the lease; or
11-21                (2)  the landlord secures a replacement tenant
11-22    satisfactory to the landlord and the replacement tenant occupies
11-23    the lot on or before the commencement date of the lease.
11-24          (b)  If the landlord secures the replacement tenant, the
11-25    landlord may retain and deduct from the security deposit or rent
11-26    prepayment either:
11-27                (1)  an amount agreed to in the lease agreement as a
 12-1    lease cancellation fee; or
 12-2                (2)  actual expenses incurred by the landlord in
 12-3    securing the replacement tenant, including a reasonable amount for
 12-4    the time spent by the landlord in securing the replacement tenant. 
 12-5          Sec. 94.105.  RETENTION OF SECURITY DEPOSIT; ACCOUNTING.  (a)
 12-6    Before returning a security deposit, the landlord may deduct from
 12-7    the deposit damages and charges for which the tenant is legally
 12-8    liable under the lease agreement or as a result of breaching the
 12-9    lease.
12-10          (b)  The landlord may not retain any portion of a security
12-11    deposit to cover normal wear and tear.
12-12          (c)  If the landlord retains all or part of a security
12-13    deposit under this section, the landlord shall give to the tenant
12-14    the balance of the security deposit, if any, together with a
12-15    written description and itemized list of all deductions.  The
12-16    landlord is not required to give the tenant a description and
12-17    itemized list of deductions if:
12-18                (1)  the tenant owes rent when the tenant surrenders
12-19    possession of the manufactured home lot; and
12-20                (2)  no controversy exists concerning the amount of
12-21    rent owed.
12-22          Sec. 94.106.  LIABILITY OF LANDLORD. (a)  A landlord who in
12-23    bad faith retains a security deposit in violation of this
12-24    subchapter is liable for an amount equal to $100, three times the
12-25    portion of the deposit wrongfully witheld, and the tenant's
12-26    reasonable attorney's fees in a suit to recover the deposit.
12-27          (b)  A landlord who in bad faith does not provide a written
 13-1    description and itemized list of damages and charges in violation
 13-2    of this subchapter:
 13-3                (1)  forfeits the right to withhold any portion of the
 13-4    security deposit or to file an action against the tenant for damage
 13-5    to the manufactured home lot; and
 13-6                (2)  is liable for the tenant's reasonable attorney's
 13-7    fees in an action to recover the deposit.
 13-8          (c)  In an action brought by a tenant under this subchapter,
 13-9    the landlord has the burden of proving that the retention of any
13-10    portion of the security deposit was reasonable.
13-11          (d)  A landlord who fails either to return a security deposit
13-12    or to provide a written description and itemization of deductions
13-13    on or before the 30th day after the date the tenant surrenders
13-14    possession of the manufactured home lot is presumed to have acted
13-15    in bad faith.  Possession is deemed to be surrendered on the day
13-16    following the date on which the tenant has removed all personal
13-17    property from the manufactured home lot.
13-18          Sec. 94.107.  LIABILITY FOR WITHOLDING LAST MONTH'S RENT. (a)
13-19    The tenant may not withhold payment of any portion of the last
13-20    month's rent on grounds that the security deposit is security for
13-21    unpaid rent.
13-22          (b)  A tenant who violates this section is presumed to have
13-23    acted in bad faith.  A tenant who violates this section is liable
13-24    to the landlord for an amount equal to three times the rent
13-25    wrongfully withheld and the landlord's reasonable attorney's fees
13-26    in an action to recover the rent.
13-27          Sec. 94.108.  TENANT'S FORWARDING ADDRESS. (a)  The landlord
 14-1    is not obligated to return a tenant's security deposit or give the
 14-2    tenant a written description of damages and charges until the
 14-3    tenant gives the landlord a written statement of the tenant's
 14-4    forwarding address for the purpose of refunding the security
 14-5    deposit.
 14-6          (b)  A tenant who fails to give a forwarding address to the
 14-7    landlord does not forfeit the right to a refund of the security
 14-8    deposit or the right to receive a description of damages and
 14-9    charges.
14-10              (Sections 94.109-94.150 reserved for expansion
14-11        SUBCHAPTER D.  PREMISES CONDITION, MAINTENANCE, AND REPAIRS
14-12          Sec. 94.151.  LANDLORD'S MAINTENANCE OBLIGATIONS.  The
14-13    landlord shall:
14-14                (1)  maintain any common areas of the manufactured home
14-15    community in a clean and useable condition;
14-16                (2)  maintain all utility lines installed in the
14-17    manufactured home community by the landlord that are not maintained
14-18    by a municipality, public utility, or other political subdivision;
14-19                (3)  maintain individual mailboxes for the tenants in
14-20    accordance with United States Postal Service regulations unless
14-21    mailboxes are permitted to be located on the tenant's manufactured
14-22    home lot; and
14-23                (4)  maintain roads in the manufactured home community
14-24    in a manner that provides access to each tenant's manufactured home
14-25    lot.
14-26              (Sections 94.152-94.200 reserved for expansion
14-27                   SUBCHAPTER E.  TERMINATION, EVICTION,
 15-1                              AND FORECLOSURE
 15-2          Sec. 94.201.  LANDLORD'S REMEDY FOR EARLY TERMINATION.  (a)
 15-3    Except as provided by Subsection (b), the maximum amount a landlord
 15-4    may recover as damages for a tenant's early termination of a lease
 15-5    agreement is an amount equal to four months' rent.
 15-6          (b)  If the tenant's manufactured home lot is reoccupied
 15-7    before the 21st day after the date the tenant surrenders the lot,
 15-8    the maximum amount the landlord may obtain as damages is an amount
 15-9    equal to one month's rent.
15-10          Sec. 94.202.  LANDLORD'S DUTY TO MITIGATE DAMAGES.  (a)  A
15-11    landlord has a duty to mitigate damages if a tenant vacates the
15-12    manufactured home lot before the end of the lease term.
15-13          (b)  A provision of a lease agreement that purports to waive
15-14    a right or to exempt a landlord from a liability or duty under this
15-15    section is void.
15-16          Sec. 94.203.  EVICTION PROCEDURES GENERALLY.  (a)  A landlord
15-17    may prevent a tenant from entering the manufactured home lot, evict
15-18    a tenant, or require the removal of a manufactured home from the
15-19    manufactured home lot only after obtaining a writ of possession
15-20    under Chapter 24.
15-21          (b)  If the court finds that the landlord initiated the
15-22    eviction proceeding to retaliate against the tenant in violation of
15-23    Section 94.251, the court may not approve the eviction of the
15-24    tenant.
15-25          (c)  Notwithstanding other law, a court may not issue a writ
15-26    of possession in favor of  a landlord before the 30th day after the
15-27    date the judgment for possession is rendered provided that the rent
 16-1    has been paid for the 30-day period.  If the rent has not been paid
 16-2    for the 30-day period, a court may issue a writ of possession under
 16-3    Chapter 24.
 16-4          (d)  Not later than the 10th day after the date a judgment
 16-5    for possession is rendered in favor of the landlord, the landlord
 16-6    shall send written notice that the judgment has been rendered to
 16-7    the tenant or to the owner of the manufactured home if the tenant
 16-8    is not the owner and if the landlord is given written notice of the
 16-9    owner's name and address.
16-10          (e)  If, after executing a writ of possession for the
16-11    manufactured home lot, the landlord removes the manufactured home
16-12    from the lot, the landlord not later than the 10th day after the
16-13    date the manufactured home is removed shall send a written notice
16-14    regarding the location of the manufactured home to the tenant at
16-15    the tenant's most recent mailing address as reflected in the
16-16    landlord's records and, if different, to the owner if the landlord
16-17    is given written notice of the owner's name and address.
16-18          (f)  If the tenant has disclosed a lienholder of the
16-19    manufactured home, the landlord shall give written notice to the
16-20    lienholder not later than the third day after the date on which an
16-21    application or petition for judgment for possession is filed.
16-22          Sec. 94.204.  TERMINATION FOR CHANGE IN LAND USE.  (a)  A
16-23    landlord may terminate a lease agreement to change the manufactured
16-24    home community's land use only if:
16-25                (1)  not later than the 90th day before the date the
16-26    land use changes, the landlord sends notice to the tenant and, if
16-27    different, to the owner of the manufactured home:
 17-1                      (A)  specifying the date that the land use will
 17-2    change; and
 17-3                      (B)  informing the tenant, owner, and any
 17-4    lienholder that the owner must relocate the manufactured home; and
 17-5                (2)  not later than the 90th day before the date the
 17-6    land use changes, the landlord posts in a conspicuous place in the
 17-7    manufactured home community a notice stating that the land use will
 17-8    change and specifying the date that the land use will change.
 17-9          (b)  The landlord is required to give to the owner of the
17-10    manufactured home and any lienholder notice under Subsection (a)(1)
17-11    only if the landlord is given written notice of the name and
17-12    address of the owner and lienholder.
17-13          Sec. 94.205.  TERMINATION AND EVICTION FOR VIOLATION OF
17-14    LEASE.  A landlord may terminate the lease agreement and evict a
17-15    tenant for a violation of a lease provision, including a
17-16    manufactured home community rule incorporated in the lease.
17-17          Sec. 94.206.  TERMINATION AND EVICTION FOR NONPAYMENT.  (a)
17-18    A landlord may terminate the lease agreement and evict a tenant if:
17-19                (1)  the tenant fails to pay any charge, fee, rent
17-20    including a late charge, or any submetered utility charge;
17-21                (2)  the landlord notifies the tenant in writing that
17-22    the charge, fee, rent, or any submetered utility charge is
17-23    delinquent; and
17-24                (3)  the tenant has not tendered the delinquent payment
17-25    in full to the landlord before the 10th day after the date the
17-26    tenant receives the notice.
17-27          (b)  A payment made by a tenant to a landlord must be
 18-1    attributed first to any fee or charge, including a late charge,
 18-2    then to rental payments due, and then to any submetered utility
 18-3    charge.
 18-4          Sec. 94.207.  EVICTION WITHOUT CAUSE.  Notwithstanding any
 18-5    other provision of this subchapter, a tenant may be evicted without
 18-6    cause provided that the landlord gives the tenant notice in writing
 18-7    not later than the 60th day before the date a writ of possession is
 18-8    granted.
 18-9              (Sections 94.208-94.250 reserved for expansion
18-10                      SUBCHAPTER F.  PROHIBITED ACTS
18-11          Sec. 94.251.  RETALIATION BY LANDLORD.  (a)  A landlord may
18-12    not retaliate against a tenant by taking an action described by
18-13    Subsection (b) because the tenant:
18-14                (1)  in good faith exercises or attempts to exercise
18-15    against a landlord a right or remedy granted to the tenant by the
18-16    lease agreement or a federal or state statute; or
18-17                (2)  complains to a governmental entity responsible for
18-18    enforcing building or housing codes, a public utility, or a civic
18-19    or nonprofit agency, and the tenant:
18-20                      (A)  claims a building or housing code violation
18-21    or utility problem; and
18-22                      (B)  believes in good faith that the complaint is
18-23    valid and that the violation or problem occurred.
18-24          (b)  A landlord may not, within six months after the date of
18-25    the tenant's action under Subsection (a), retaliate against the
18-26    tenant by:
18-27                (1)  filing an eviction proceeding, except for the
 19-1    grounds stated by Subchapter E;
 19-2                (2)  depriving the tenant of the use of the premises,
 19-3    except for reasons authorized by law;
 19-4                (3)  decreasing services to the tenant unless:
 19-5                      (A)  the decrease in services is part of a
 19-6    pattern of service reductions in the entire manufactured home
 19-7    community;
 19-8                      (B)  the decrease in services results from the
 19-9    failure to pay submetered utility charges; or
19-10                      (C)  the decrease in services is authorized by
19-11    Section 92.008;
19-12                (4)  increasing the tenant's rent or terminating the
19-13    tenant's lease agreement unless the tenant's lease term expires
19-14    during the six-month period; or
19-15                (5)  engaging, in bad faith, in a course of conduct
19-16    that materially interferes with the tenant's rights under the
19-17    tenant's lease agreement.
19-18          Sec. 94.252.  SALE OF MANUFACTURED HOME IN PLACE. (a)  Unless
19-19    expressly prohibited by the lease agreement, an owner may sell a
19-20    manufactured home located on the manufactured home lot if the
19-21    purchaser is approved by the landlord, a new lease agreement is
19-22    signed by the purchaser, and the manufactured home meets the
19-23    standards required by the manufactured home community rules.
19-24          (b)  Unless the owner has agreed in writing, the landlord may
19-25    not:
19-26                (1)  require the owner to contract with the landlord to
19-27    act as agent or broker; or
 20-1                (2)  require the owner to pay a commission or fee from
 20-2    the sale of the manufactured home.
 20-3              (Sections 94.253-94.300 reserved for expansion
 20-4                          SUBCHAPTER G.  REMEDIES
 20-5          Sec. 94.301.  TENANT'S REMEDIES.  A tenant may recover from a
 20-6    landlord who violates this chapter:
 20-7                (1)  actual damages;
 20-8                (2)  a civil penalty in an amount equal to two months'
 20-9    rent and $500; and
20-10                (3)  reasonable attorney's fees and costs.
20-11          Sec. 94.302.  LANDLORD'S REMEDIES. If the court finds that a
20-12    tenant filed or prosecuted a suit under this chapter in bad faith
20-13    or for purposes of harassment, the court shall award the landlord:
20-14                (1)  an amount equal to two months' rent and $500; and
20-15                (2)  reasonable attorney's fees and costs associated
20-16    with defending the action.
20-17          Sec. 94.303.  CUMULATIVE REMEDIES. The provisions of this
20-18    chapter are not exclusive and are in addition to any other
20-19    procedure or remedy provided by other law.
20-20          SECTION 2.  This Act takes effect September 1, 2002.
20-21          SECTION 3.  The changes in law made by Chapter 94, Property
20-22    Code, as added by this Act, apply only to a lease agreement entered
20-23    into on or after the effective date of this Act.  A lease agreement
20-24    entered into before the effective date of this Act is governed by
20-25    the law in effect when the lease agreement was entered into, and
20-26    the former law is continued in effect for that purpose.