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79R5420 MFC-D

By:  Farabee                                                      H.B. No. 1000



A BILL TO BE ENTITLED

AN ACT

relating to the registration of a manufactured home community with 
the Texas Department of Housing and Community Affairs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 94, Property Code, is 
amended by adding Section 94.013 to read as follows:
	Sec. 94.013.  REGISTRATION; FEE.  (a)  A landlord shall:                
		(1)  register a manufactured home community with the 
manufactured housing division of the Texas Department of Housing 
and Community Affairs in the manner prescribed by rule by the 
Manufactured Housing Board of the division;  and
		(2)  pay to the division an annual registration fee in 
the amount of $200 for each manufactured home community location.
	(b)  The registration fee is due on the date the landlord 
initially registers the manufactured home community and on each 
anniversary of that date.  The division may assess a late fee 
against a landlord who fails to timely pay the registration fee.
	(c)  The division shall:                                                
		(1)  prescribe and distribute forms for registration of 
a manufactured home community under this section; and
		(2)  using field office personnel or other appropriate 
means, notify manufactured housing trade associations and any known 
manufactured home communities of the registration requirement 
under this section.
	SECTION 2.  Section 94.053(c), Property Code, is amended to 
read as follows: 
	(c)  A lease agreement must contain the following 
information:               
		(1)  the address or number of the manufactured home lot 
and the number and location of any accompanying parking spaces;
		(2)  the lease term;                                                          
		(3)  the rental amount;                                                       
		(4)  the interval at which rent must be paid and the 
date on which periodic rental payments are due;
		(5)  any late charge or fee or charge for any service or 
facility, or any fee charged in connection with registration of the 
manufactured home community under Section 94.013;
		(6)  the amount of any security deposit;                                      
		(7)  a description of the landlord's maintenance 
responsibilities;          
		(8)  the telephone number of the person who may be 
contacted for emergency maintenance;
		(9)  the name and address of the person designated to 
accept official notices for the landlord;
		(10)  the penalty the landlord may impose for the 
tenant's early termination as provided by Section 94.201;
		(11)  the grounds for eviction as provided by 
Subchapter E;                 
		(12)  a disclosure of the landlord's right to terminate 
the lease agreement if there is a change in the land use of the 
manufactured home community during the lease term as provided by 
Section 94.204;
		(13)  a disclosure of any incorporation by reference of 
an addendum relating to submetering of utility services;
		(14)  a prominent disclosure informing the tenant that 
Chapter 94, Property Code, governs certain rights granted to the 
tenant and obligations imposed on the landlord by law;
		(15)  if there is a temporary zoning permit for the land 
use of the manufactured home community, the date the zoning permit 
expires;  and
		(16)  any other terms or conditions of occupancy not 
expressly included in the manufactured home community rules.
	SECTION 3.  (a)  The manufactured housing division of the 
Texas Department of Housing and Community Affairs shall initially 
prescribe and distribute registration forms and provide the notice 
required by Section 94.013, Property Code, as added by this Act, not 
later than the 60th day after the effective date of this Act.
	(b)  The landlord of a manufactured home community that 
exists on the effective date of this Act shall register the 
community location with the manufactured housing division, as 
required by Section 94.013, Property Code, as added by this Act, not 
later than the 60th day after the date the division initially 
distributes the registration forms prescribed under that section.
	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 receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.