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By:  Carona                                                       S.B. No. 1326


A BILL TO BE ENTITLED

AN ACT

relating to the municipal regulation of single-family and duplex 
industrialized housing.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (b), Section 1202.251, Occupations 
Code, is amended to read as follows:
	(b)  Except as provided by Section 1202.253, requirements 
[Requirements] and regulations not in conflict with this chapter or 
with other state law relating to transportation, erection, 
installation, or use of industrialized housing or buildings must be 
reasonably and uniformly applied and enforced without distinctions 
as to whether the housing or buildings are manufactured or are 
constructed on-site.
	SECTION 2.  Subchapter F, Chapter 1202, Occupations Code, is 
amended by adding Section 1202.253 to read as follows:
	Sec. 1202.253.  MUNICIPAL REGULATION OF SINGLE-FAMILY AND 
DUPLEX INDUSTRIALIZED HOUSING.  (a)  Single-family or duplex 
industrialized housing must have all local permits and licenses 
that are applicable to other single-family or duplex dwellings.
	(b)  For purposes of this section, single-family or duplex 
industrialized housing is real property.
	(c)  A municipality may adopt regulations that require 
single-family or duplex industrialized housing to:
		(1)  have a value equal to or greater than the median 
taxable value for each single-family dwelling located within 500 
feet of the lot on which the industrialized housing is proposed to 
be located, as determined by the most recent certified tax 
appraisal roll for each county in which the properties are located;
		(2)  have exterior siding, roofing, foundation fascia, 
and fenestration compatible with the single-family dwellings 
located within 500 feet of the lot on which the industrialized 
housing is proposed to be located;
		(3)  comply with municipal aesthetic standards, 
building setbacks, side and rear yard offsets, subdivision control, 
architectural landscaping, square footage, and other site 
requirements applicable to single-family dwellings; or
		(4)  be securely fixed to a permanent foundation.                      
	(d)  For purposes of Subsection (c), "value" means the 
taxable value of the industrialized housing and the lot after 
installation of the housing.
	(e)  Except as provided by Subsection (c), a municipality may 
not adopt 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)  This section does not:                                             
		(1)  limit the authority of a municipality to adopt 
regulations to protect historic properties or historic districts; 
or
		(2)  affect deed restrictions.                                         
	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.