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BILL ANALYSIS

 

 

 

S.B. 785

By: Flores

Land & Resource Management

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The bill sponsor has informed the committee that Texas is in need of more options and solutions to meet the growing demand for affordable housing and that, with housing costs rising across Texas, manufactured homes provide an essential, cost-effective option for many families, but that restrictive local ordinances have made it difficult to install these homes in certain areas, thereby limiting affordable housing opportunities. S.B. 785 seeks to ensure that manufactured homes serve a role in a municipality's housing stock and to expand access to affordable housing by removing regulatory barriers to the installation of HUD‑code manufactured homes.

 

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

 

S.B. 785 amends the Occupations Code to prohibit a municipality from requiring a specific use permit or other permit that serves a similar purpose to a specific use permit for a new HUD‑code manufactured home if the home has been constructed in accordance with federal law and the Texas Manufactured Housing Standards Act and the municipality does not require a specific use permit for other residential property in the same zoning classification.

 

S.B. 785 requires a municipality with zoning regulations or zoning district boundaries to do the following:

·       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 of the following:

o   residential zoning classification;

o   type of residential zoning district; or

o   dedicated zoning classification for residential HUD-code manufactured homes;

·       ensure at least one of these residential zoning classifications or districts has been adopted and applies to a substantial area of land within the municipality's boundaries; and

·       if the municipality has a comprehensive zoning classification map, indicate on the map such areas.

The bill prohibits the municipality from adopting or enforcing other zoning regulations or zoning district boundaries that directly or indirectly prohibit the installation of new HUD‑code manufactured homes within the municipality's boundaries. These provisions of the bill expressly do not do the following:

·       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;

·       affect deed restrictions established before January 2, 2025; or

·       apply to a municipality:

o   in which all areas zoned for residential use have deed restrictions on September 1, 2025, prohibiting the placement of manufactured homes; or

o   that does not have any areas or districts zoned for business or industrial use.

 

EFFECTIVE DATE

 

September 1, 2025.