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Amend SB 785 (senate committee printing) in SECTION 1 of the bill, amending Section 1201.008, Occupations Code, as follows:
(1) In the recital (page 1, line 21), strike "and (g)" and substitute ", (g), and (h)".
(2) In added Subsection (d-1) (page 1, lines 39 and 40), strike the first sentence.
(3) In added Subsection (d-1) (page 1, lines 43 and 44), strike "that has been constructed in accordance with federal law and this chapter." and substitute the following:
if:
(1) the home has been constructed in accordance with federal law and this chapter; and
(2) the municipality does not require a specific use permit for other residential property in the same zoning classification.
(4) In added Subsection (g) (page 1, line 45), strike "A" and substitute "Except as provided by Subsection (h), a".
(5) Strike added Subsection (g)(1) (page 1, lines 47-50) and substitute the following:
(1) shall permit the installation, by right, of a new HUD-code manufactured home for use as a dwelling within the municipality's boundaries under at least one:
(A) residential zoning classification;
(B) type of residential zoning district; or
(C) dedicated zoning classification for residential HUD-code manufactured homes;
(6) In added Subsection (g)(2) (page 1, lines 53-55), strike "in all residential zoning classifications or types of residential zoning districts adopted by the municipality." and substitute the following:
within the municipality's boundaries;
(3) shall ensure at least one of the residential zoning classifications or districts described by Subdivision (1) has been adopted and applies to a substantial area of land within the municipality's boundaries; and
(4) if the municipality has a comprehensive zoning classification map, shall indicate on the map the areas within the municipality's boundaries that comply with Subdivision (3).
(7) Immediately after added Subsection (g) (page 1, between lines 55 and 56), insert the following:
(h) Subsection (g) does not:
(1) limit the authority of a municipality to adopt or enforce an ordinance, rule, or other measure to protect historic landmarks or include properties within the boundaries of a local historic district;
(2) affect deed restrictions established before January 2, 2025; or
(3) apply to a municipality:
(A) in which all areas zoned for residential use have deed restrictions on September 1, 2025, prohibiting the placement of manufactured homes; or
(B) that does not have any areas or districts zoned for business or industrial use.