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AN ACT
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relating to municipal regulation of manufactured home communities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 211, Local Government |
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Code, is amended by adding Section 211.018 to read as follows: |
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Sec. 211.018. CONTINUATION OF LAND USE REGARDING |
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MANUFACTURED HOME COMMUNITIES. (a) In this section, |
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"manufactured home," "manufactured home community," and |
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"manufactured home lot" have the meanings assigned by Section |
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94.001, Property Code. |
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(b) The governing body of a municipality may not require a |
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change in the nonconforming use of any manufactured home lot within |
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the boundaries of a manufactured home community if: |
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(1) the nonconforming use of the land constituting the |
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manufactured home community is authorized by law; and |
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(2) at least 50 percent of the manufactured home lots |
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in the manufactured home community are physically occupied by a |
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manufactured home used as a residence. |
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(c) For purposes of Subsection (b), requiring a change in |
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the nonconforming use includes: |
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(1) requiring the number of manufactured home lots |
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designated as a nonconforming use to be decreased; and |
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(2) declaring that the nonconforming use of the |
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manufactured home lots has been abandoned based on a period of |
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continuous abandonment of use as a manufactured home lot of any lot |
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for less than 12 months. |
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(d) A manufactured home owner may install a new or used |
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manufactured home, regardless of the size, or any appurtenance on a |
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manufactured home lot located in a manufactured home community for |
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which a nonconforming use is authorized by law, provided that the |
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manufactured home or appurtenance and the installation of the |
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manufactured home or appurtenance comply with: |
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(1) nonconforming land use standards, including |
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standards relating to separation and setback distances and lot |
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size, applicable on the date the nonconforming use of the land |
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constituting the manufactured home community was authorized by law; |
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and |
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(2) all applicable state and federal law and standards |
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in effect on the date of the installation of the manufactured home |
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or appurtenance. |
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(e) A municipality that prohibits the construction of new |
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single-family residences or the construction of additions to |
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existing single-family residences on a site located in a designated |
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floodplain may, notwithstanding Subsection (b), (c), or (d), |
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prohibit the installation of a manufactured home in a manufactured |
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home community on a manufactured home lot that is located in an |
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equivalently designated floodplain. |
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SECTION 2. Subchapter Z, Chapter 214, Local Government |
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Code, is amended by adding Section 214.906 to read as follows: |
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Sec. 214.906. REGULATION OF MANUFACTURED HOME COMMUNITIES. |
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(a) "Manufactured home" has the meaning assigned by Section |
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1201.003, Occupations Code. |
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(b) Notwithstanding any other law, the governing body of a |
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municipality may not regulate a tract or parcel of land as a |
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manufactured home community, park, or subdivision unless the tract |
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or parcel contains at least four spaces offered for lease for |
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installing and occupying manufactured homes. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1248 passed the Senate on |
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April 19, 2017, by the following vote: Yeas 31, Nays 0; |
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May 25, 2017, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 26, 2017, House |
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granted request of the Senate; May 28, 2017, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1248 passed the House, with |
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amendments, on May 21, 2017, by the following vote: Yeas 138, |
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Nays 2, one present not voting; May 26, 2017, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 27, 2017, House adopted Conference Committee Report by the |
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following vote: Yeas 133, Nays 12, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |