78R8487 T
By: Dukes H.B. No. 2140
A BILL TO BE ENTITLED
AN ACT
relating to the definitions in certain manufactured home
communities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 8, Section 94.001, Property Code, is
amended to read as follows:
CHAPTER 94. MANUFACTURED HOME TENANCIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 94.001. DEFINITIONS. In this chapter:
(1) "Landlord" means the owner or manager of a
manufactured home community and includes an employee or agent of
the landlord.
(2) "Lease agreement" means a written agreement
between a landlord and a tenant that establishes the terms,
conditions, and other provisions for placing a manufactured home on
the premises of a manufactured home community.
(3) "Manufactured home" has the meaning assigned by
Section 3, Texas Manufactured Housing Standards Act (Article 5221f,
Vernon's Texas Civil Statutes), and for purposes of this chapter, a
reference to a manufactured home includes a recreational vehicle as
defined in this chapter.
(4) "Manufactured home community" means a parcel of
land on which four or more lots are offered for lease for installing
and occupying manufactured homes.
(5) "Manufactured home community rules" means the
rules provided in a written document that establish the policies
and regulations of the manufactured home community, including
regulations relating to the use, occupancy, and quiet enjoyment of
and the health, safety, and welfare of tenants of the manufactured
home community.
(6) "Manufactured home lot" means the space allocated
in the lease agreement for the placement of the tenant's
manufactured home and the area adjacent to that space designated in
the lease agreement for the tenant's exclusive use.
(7) "Normal wear and tear" means deterioration that
results from intended use of the premises, including breakage or
malfunction due to age or deteriorated condition, but the term does
not include deterioration that results from negligence,
carelessness, accident, or abuse of the premises, equipment, or
chattels by the tenant, a member of the tenant's household, or a
guest or invitee of the tenant.
(8) "Premises" means a tenant's manufactured home lot,
any area or facility the lease authorizes the tenant to use, and the
appurtenances, grounds, and facilities held out for the use of
tenants generally.
(9) "Recreational vehicle" means a [motor] 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.
(10) "Park model unit" means 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 set-up mode.
SECTION 2. Section 94.002, Property Code, is amended to
read as follows:
Sec. 94.002. APPLICABILITY. (a) This chapter applies only
to the relationship between a landlord who leases property in a
manufactured home community and a tenant leasing property in the
manufactured home community for the purpose of situating a
manufactured home or a recreational vehicle, as defined in this
chapter, on the property.
SECTION 3. Section 94.051, Property Code, is amended to
read as follows:
SUBCHAPTER B. LEASE AGREEMENT
Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE
TENANT. At the time the landlord receives an application from a
prospective tenant, the landlord shall give the tenant a copy of:
(1) the proposed lease agreement for the manufactured
home community;
(2) any manufactured home community rules; and
(3) a separate disclosure statement with the following
prominently printed in at least 10-point type:
"You have the legal right to an initial lease term of six
months. If you prefer a different lease period, you and your
landlord may negotiate a shorter or longer lease period. After the
initial lease period expires, you and your landlord may negotiate a
new lease term by mutual agreement. Regardless of the term of the
lease, the landlord must give you at least 60 days' notice if the
landlord will not renew your lease and will require that you
relocate your manufactured home or recreational vehicle, if the
recreational vehicle is tied to, affixed, or otherwise a permanent
part of the premises.
During the 60-day period, you must continue to pay all rent
and other amounts due under the lease agreement, including late
charges, if any."
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not take receive the vote necessary for immediate effect,
this Act takes effect September 1, 2003.