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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of new HUD-code manufactured housing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1201.008, Occupations Code, is amended |
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by amending Subsections (b) and (d) and adding Subsections (d-1) |
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and (g) to read as follows: |
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(b) Subject to Subsection (g), on [On] application, the |
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municipality shall permit the installation of a HUD-code |
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manufactured home for use as a dwelling in any area determined |
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appropriate by the municipality, including a subdivision, planned |
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unit development, single lot, and rental community or park. An |
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application to install a new HUD-code manufactured home for use as a |
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dwelling is considered to be granted unless the municipality in |
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writing denies the application and states the reason for the denial |
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not later than the 45th day after the date the application is |
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received. |
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(d) Except as approved by the department and subject to |
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Subsection (d-1), a local governmental unit may not require a |
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permit, a fee, a bond, or insurance for the transportation and |
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installation of manufactured housing by a licensed retailer or |
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installer. This subsection does not prohibit the collection of |
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actual costs incurred by a local governmental unit that result from |
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the transportation of a manufactured home. |
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(d-1) A municipality may not unreasonably regulate or |
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restrict the installation of new HUD-code manufactured homes. A |
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municipality may not require a specific use permit or other permit |
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that serves a similar purpose to a specific use permit for a new |
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HUD-code manufactured home that has been constructed in accordance |
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with federal law and this chapter. |
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(g) A municipality with zoning regulations or zoning |
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district boundaries: |
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(1) shall permit the installation of a new HUD-code |
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manufactured home for use as a dwelling under at least one: |
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(A) residential zoning classification; or |
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(B) type of residential zoning district; and |
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(2) may not adopt or enforce other zoning regulations |
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or zoning district boundaries that directly or indirectly prohibit |
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the installation of new HUD-code manufactured homes in all |
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residential zoning classifications or types of residential zoning |
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districts adopted by the municipality. |
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SECTION 2. This Act takes effect September 1, 2023. |