BILL ANALYSIS

 

 

Senate Research Center

S.B. 1733

 

By: Hall

 

Local Government

 

4/12/2021

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Some Texas counties illegally attempt to control land use by calling recreational vehicle (RV) rental communities �subdivisions� and imposing subdivision standards on the internal site development of a privately owned legal lot or tract (with frontage on a public street or road) used for renting RV spaces. This problem was solved for manufactured home rental communities in 1999 when the Texas Legislature clarified that such communities are not subdivisions. However, the law passed in 1999 did not address RV rental communities.

 

S.B. 1733 amends the 1999 law to add similar protections for RV rental communities as are currently provided for manufactured home rental communities. This bill requires a survey of the rental community, standards for utilities, and ingress and egress access for fire and emergency vehicles that a county may establish for RV rental communities in the same manner as are already provided for manufactured home rental communities, with the exception that infrastructure standards adopted by a county for an RV rental community may not be more stringent than those adopted by a utility or special district or EMS district that serves that community.

 

If a commissioners court adopts a minimum infrastructure standard for the rental community, the legislation requires the owner of a proposed RV rental community to submit an infrastructure development plan to the county for approval. In approving the plan, the legislation requires the county to follow the approval timelines currently required for plat applications under Local Government Code Chapter 232. S.B. 1733 imposes timeframe requirements for county inspections of construction and for the issuance of a certificate of compliance by the commissioners court.

 

As proposed, S.B. 1733 amends current law relating to recreational vehicle rental communities.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter A, Chapter 232, Local Government Code, by adding Section 232.0071, as follows:

 

Sec. 232.0071. RECREATIONAL VEHICLE RENTAL COMMUNITIES. (a) Defines, for the purposes of this section:

 

(1) "recreational vehicle" as having the meaning assigned by Section 522.004 (Applicability), Transportation Code. Provides that the term includes a park model recreational vehicle.

 

(2) "recreational vehicle rental community" as meaning a plot or tract of land that is separated into two or more spaces or lots that are rented, leased, or offered for rent or lease for a term of less than 60 months without a purchase option to recreational vehicles for use and occupancy as temporary residences.

 

(b) Provides that a recreational vehicle rental community is not a subdivision of land for the purposes of Chapter 232 (County Regulation of Subdivisions).

 

SECTION 2. Effective date: upon passage or September 1, 2021.