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A BILL TO BE ENTITLED
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AN ACT
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relating to the municipal regulation of HUD-code manufactured |
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homes. |
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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 adding Subsections (g), (h), (i), (j), and (k) to read as |
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follows: |
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(g) Notwithstanding any other law, other than Subsections |
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(h), (i), and (k), a municipality shall allow the placement of a new |
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HUD-code manufactured home as a permitted use in all zoning |
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classifications that allow detached residential single-family or |
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duplex dwellings, if the owner of the HUD-code manufactured home |
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elects to treat the manufactured home as real property under |
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Section 1201.2055. |
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(h) A municipality may adopt an ordinance, regulation, or |
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other measure that requires a new HUD-code manufactured home |
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elected to be treated as real property and used as a single-family |
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or duplex dwelling to: |
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(1) have a value equal to or greater than the median |
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taxable value of each single-family dwelling located within 500 |
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feet of the lot on which the new HUD-code manufactured home is |
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proposed to be placed, as determined by the most recent certified |
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tax appraisal roll for the properties; |
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(2) have exterior siding, roofing, foundation fascia, |
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and fenestration compatible with each single-family dwelling |
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located within 500 feet of the lot on which the new HUD-code |
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manufactured home is proposed to be placed; |
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(3) comply with the municipality's aesthetic, building |
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setback, side and rear yard offset, subdivision control, |
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architectural landscaping, square footage, and other site |
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requirements that would apply to a single-family dwelling |
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constructed on the site; or |
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(4) be securely placed on a permanent foundation |
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system. |
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(i) For purposes of Subsection (h), the value of a HUD-code |
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manufactured home is the taxable or initial sales value of the |
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HUD-code manufactured home and the value of the lot after the |
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placement of the HUD-code manufactured home on the lot. |
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(j) A municipality may not adopt or enforce an ordinance, |
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regulation, or other measure that imposes a requirement on a new |
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HUD-code manufactured home elected to be treated as real property |
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under Section 1201.2055 that is more stringent than the regulations |
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that would apply to a new single-family or duplex dwelling |
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constructed on the site. |
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(k) This section does not: |
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(1) limit the authority of a municipality to adopt an |
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ordinance, regulation, or other measure to protect historic |
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properties or historic districts; or |
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(2) affect deed restrictions. |
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SECTION 2. This Act takes effect September 1, 2023. |