BILL ANALYSIS

H.B. 2970

By: Guillen

Land & Resource Management

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Texas has a critical need for additional single-family housing within municipalities. Lack of housing supply adversely impacts homebuyer options and can cause home prices to rise to levels unattainable for most Texans. H.B. 2970 seeks to address this issue by allowing manufactured homes that meet specified requirements to be placed in areas zoned for single-family or duplex dwellings.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2970 amends the Occupations Code to require a municipality, except as provided by the bill, to allow the placement of a new HUD-code manufactured home as a permitted use in all zoning classifications that allow detached residential single-family or duplex dwellings, if the home's owner elects to treat the home as real property.

H.B. 2970 authorizes a municipality to adopt a measure that requires a new HUD-code manufactured home elected to be treated as real property and used as a single-family or duplex dwelling to do the following:

· have a value equal to or greater than the median taxable value of each single-family dwelling located within 500 feet of the lot on which the new home is proposed to be placed, as determined by the most recent certified tax appraisal roll for the properties;

· have exterior siding, roofing, foundation fascia, and fenestration compatible with each single-family dwelling located within 500 feet of the lot on which the new home is proposed to be placed;

· comply with the municipality's aesthetic, building setback, side and rear yard offset, subdivision control, architectural landscaping, square footage, and other site requirements that would apply to a single-family dwelling constructed on the site; or

· be securely placed on a permanent foundation system.

For purposes of these provisions, a HUD-code manufactured home's value is the home's taxable or initial sales value and the lot's value after the home's placement on the lot.

H.B. 2970 prohibits a municipality from adopting or enforcing a measure that imposes a requirement on a new HUD-code manufactured home elected to be treated as real property that is more stringent than the regulations that would apply to a new single-family or duplex dwelling constructed on the site.

H.B. 2970 establishes that provisions relating to municipal regulation under the Texas Manufactured Housing Standards Act do not affect deed restrictions or limit a municipality's authority to adopt a measure to protect historic properties or historic districts.

EFFECTIVE DATE

September 1, 2023.