S.B. 1238 78(R)    BILL ANALYSIS


S.B. 1238
By: Lucio
Business & Industry
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

HB 557 from the 77th Legislature created additional provisions to the
Title 8, Property Code, relating to landlord-tenant law as it relates to
relationships between owner/operators of manufactured home communities and
owners of manufactured homes. Since passage of the bill problems arose
from numerous campground and RV park owners regarding the nature of
landlord-tenant relationships within HB 557.  Due to the definition of
manufacturing homes under HB 557, many law enforcement entities have
misinterpreted the law and have concluded their efforts are hampered due
to temporary recreational vehicles being captured within the definition.   

Since passage of the bill problems arose from numerous campground and RV
park owners regarding the nature of landlord-tenant relationships within
HB 557.  Due to the definition of manufacturing homes under HB 557, many
law enforcement entities have misinterpreted the law and have concluded
their efforts are hampered due to temporary recreational vehicles being
captured within the definition.  Campground owners and RV park operators
operate under a Theft of Services law that provide remedies regarding any
problems and/or situations between those owners and operators and
temporary, "over the road" clientele that stays or days, weeks, or
occasionally months.  Chapter 31, Penal Code, outlines remedies and
procedures under the Theft of Services for service entities such as
hotels, campgrounds, recreational vehicle parks, restaurants, and
comparable establishments. 

Not all are recreational vehicles are permanently tied down or affixed to
real property, therefore, do not capture the spirit of a manufacturing
home as intended in the law.  There is, however, a type of travel trailer
referred to as a Park Model Unit that is a used as temporary living
quarters but is permanently tied to or affixed to real property.  A new
definition is necessary to distinguish the difference between a fixed
structure that should be captured under the landlord-tenant law and a
recreational vehicle that is not a permanent fixture but an 'over the
road" or temporary vehicle used by traveling tourists and subject to Theft
of Services law. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

H.B. 2140 amends Title 8, Section 94, and Property Code, to clarify the
definition of a manufactured home for the purposes of a landlord/tenant
relationship.   

Section 94.001 clarifies the definition of recreational vehicle as a
vehicle primarily designed as a temporary living quarters for recreational
camping or travel use and, for purposes of this Act, is permanently tied
to, affixed, or anchored to the premises as in the case of a park model
unit. 

Section 94.001 defines a Park Model Unit as a recreation vehicle primarily
designed as temporary living quarters for recreation, camping or seasonal
use and are built on a single chassis, mounted on wheels and have a gross
trailer area not exceeding 400 square feet in the setup mode.  With this
clarification in the definitions the law would read that permanent
structures such as manufacturing homes and park model units are subject
the landlord/tenant law. 

Section 94.051 relating to information to be provided to a prospective
tenant and clarifies that language in the contract given from the landlord
to the prospective tenant regarding rules of initial lease terms, renewal
of lease, 60 day notice of renewal and relocation of the manufactured home
or recreational vehicle as defined in the Act. 

The bill calls for immediate effect of a vote of two-thirds of all the
members elected to each house.  If the Act does receive the votes
necessary for immediate effect the Act takes effect September 1, 2003. 



EFFECTIVE DATE

September 1, 2003