SRC-LBB, JEC C.S.S.B. 1326 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1326
By: Carona
Business & Commerce
4/25/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, industrialized housing or buildings can be constructed,
installed, or located anywhere within a municipality without any
regulation by the municipality.  The lack of regulation could threaten
residential property values.  C.S.S.B. 1326 authorizes a municipality to
regulate singlefamily or duplex industrialized housing. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1202.251(b), Occupations Code, to include an
exception as provided by Section 1202.253. 

SECTION 2.  Amends Subchapter F, Chapter 1202, Occupations Code, by adding
Section 1202.253, as follows: 

Sec. 1202.253.  MUNICIPAL REGULATION OF SINGLE FAMILY AND DUPLEX
INDUSTRIALIZED HOUSING.  (a)  Requires single-family or duplex
industrialized housing to have all local permits and licenses that are
applicable to other single-family or duplex dwellings. 

(b)  Provides, that for purposes of this section, single-family or duplex
industrialized housing is real property. 

(c)  Authorizes a municipality to adopt regulations that require
single-family or duplex industrialized housing to meet certain
requirements. 

  (d)  Defines "value."

(e)  Prohibits a municipality except as provided by Subsection (c), from
adopting a regulation under this section that is more restrictive for
industrialized housing than that required for a new single-family or
duplex dwelling constructed on site. 

(f)  Provides that this section does not limit the authority of a
municipality to adopt regulations to protect historic properties or
historic districts or affect deed restrictions. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.