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A BILL TO BE ENTITLED
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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, "manufactured |
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home," "manufactured home community," and "manufactured home lot" |
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have the meanings assigned by Section 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 portion of land within the |
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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: |
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(A) is authorized by law; or |
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(B) is not authorized by law on September 1, |
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2017, but the municipality has taken no action to enforce the |
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violation of the applicable municipal regulations before September |
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1, 2017; 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 occupied by a manufactured |
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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 amount of land designated as a |
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nonconforming use to be decreased; |
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(2) imposing an expiration on the nonconforming use |
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designation; |
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(3) declaring that the nonconforming use of the land |
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has been abandoned; and |
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(4) requiring an amortization period for the |
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nonconforming use of the land. |
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(d) For purposes of Subsection (b)(2), any period during |
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which a manufactured home used as a residence is removed from a |
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manufactured home lot for repair of the home or replacement of the |
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home by another manufactured home used as a residence is included in |
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the period during which the manufactured home lot is considered |
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occupied by the manufactured home. |
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(e) 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 on land in a manufactured home |
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community and for which a nonconforming use is authorized by law or |
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has been otherwise allowed under Subsection (b)(1)(B), provided |
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that the manufactured home or appurtenance and the installation of |
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the 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: |
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(A) for an authorized nonconforming use, the date |
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the nonconforming use of the land constituting the manufactured |
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home community was authorized by law; or |
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(B) for a nonconforming use under Subsection |
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(b)(1)(B), September 1, 2017; 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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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. |