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.