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By:  Lucio                                                        S.B. No. 1238


A BILL TO BE ENTITLED

AN ACT

relating to regulating leasing in manufactured home communities.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 94.001, Property Code, is amended to 
read as follows:    
	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.
		(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)  "Park model unit" means a recreational vehicle 
that is designed primarily as temporary living quarters for 
recreation, camping, or seasonal use and that is built on a single 
chassis, mounted on wheels, and has a gross trailer area not 
exceeding 400 square feet in the set-up mode.
		(9)  "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.
		(10) [(9)]  "Recreational vehicle" means a [motor] 
vehicle that is primarily designed as a temporary living quarters 
for recreational camping or travel use and that is permanently tied 
to, affixed, or anchored to the premises as in the case of a park 
model unit.
		(11) [(10)]  "Tenant" means a person who is:          
			(A)  authorized by a lease agreement to occupy a 
lot to the exclusion of others in a manufactured home community; and
			(B)  obligated under the lease agreement to pay 
rent, fees, and other charges.
	SECTION 2.  Section 94.051, Property Code, is amended to 
read as follows:    
	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, if the recreational vehicle is tied to, affixed, or 
otherwise a permanent part of the premises, 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.  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 3.  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 receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.