80R8822 KCR-D

By: Farabee H.B. No. 2050

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, 2007.