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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain lease agreements in |
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manufactured home communities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 94.051, Property Code, is amended to |
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read as follows: |
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Sec. 94.051. INFORMATION TO BE PROVIDED TO PROSPECTIVE |
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TENANT. At the time the landlord receives an application from a |
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prospective tenant, the landlord shall give the tenant a copy of: |
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(1) the proposed lease agreement for the manufactured |
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home community; |
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(2) any manufactured home community rules; and |
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(3) a separate disclosure statement with the following |
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prominently printed in at least 10-point type: |
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"You have the legal right to an initial lease term of six |
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months. If you prefer a different lease period, you and your |
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landlord may negotiate a shorter or longer lease period. After the |
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initial lease period expires, you and your landlord may negotiate a |
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new lease term by mutual agreement. Regardless of the term of the |
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lease, [if the recreational vehicle is tied to, affixed, or
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otherwise a permanent part of the premises,] the landlord must give |
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you at least 60 days' notice of the nonrenewal of the lease. |
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However, if the manufactured home community's land use will change, |
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the landlord must give you at least 180 days' notice before the |
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landlord can nonrenew the lease [if the landlord will not renew your
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lease and will require that you relocate your manufactured home or
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recreational vehicle]. You [During the 60 day period, you] must |
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continue to pay all rent and other amounts due under the lease |
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agreement, including late charges, if any, after receiving notice |
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of the nonrenewal." |
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SECTION 2. The heading to Section 94.204, Property Code, is |
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amended to read as follows: |
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Sec. 94.204. NONRENEWAL OF LEASE [TERMINATION] FOR CHANGE |
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IN LAND USE. |
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SECTION 3. Subsection (a), Section 94.204, Property Code, |
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is amended to read as follows: |
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(a) A landlord may choose not to renew [terminate] a lease |
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agreement to change the manufactured home community's land use only |
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if not later than the 180th day before the date the land use will |
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change: |
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(1) [not later than the 120th day before the date the
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land use changes,] the landlord sends notice to the tenant, to the |
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owner of the manufactured home if the owner is not the tenant, and |
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to the holder of any lien on the manufactured home: |
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(A) specifying the date that the land use will |
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change; and |
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(B) informing the tenant, owner, and lienholder, |
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if any, that the owner must relocate the manufactured home; and |
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(2) [not later than the 120th day before the date the
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land use changes,] the landlord posts in a conspicuous place in the |
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manufactured home community a notice stating that the land use will |
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change and specifying the date that the land use will change. |
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SECTION 4. The changes in law made by this Act apply only to |
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a lease agreement or a renewal to a lease agreement entered into |
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after the effective date of this Act. A lease agreement or a |
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renewal to a lease agreement entered into on or before the effective |
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date of this Act is covered by the law in effect at the time the |
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lease agreement or the renewal to the lease agreement was entered |
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into, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |
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