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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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(g), and (h) 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 require a specific use permit or |
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other permit that serves a similar purpose to a specific use permit |
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for a new HUD-code manufactured home if: |
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(1) the home has been constructed in accordance with |
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federal law and this chapter; and |
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(2) the municipality does not require a specific use |
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permit for other residential property in the same zoning |
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classification. |
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(g) Except as provided by Subsection (h), a municipality |
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with zoning regulations or zoning district boundaries: |
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(1) shall permit the installation, by right, of a new |
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HUD-code manufactured home for use as a dwelling within the |
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municipality's boundaries under at least one: |
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(A) residential zoning classification; |
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(B) type of residential zoning district; or |
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(C) dedicated zoning classification for |
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residential HUD-code manufactured homes; |
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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 within the |
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municipality's boundaries; |
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(3) shall ensure at least one of the residential |
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zoning classifications or districts described by Subdivision (1) |
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has been adopted and applies to a substantial area of land within |
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the municipality's boundaries; and |
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(4) if the municipality has a comprehensive zoning |
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classification map, shall indicate on the map the areas within the |
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municipality's boundaries that comply with Subdivision (3). |
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(h) Subsection (g) does not: |
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(1) limit the authority of a municipality to adopt or |
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enforce an ordinance, rule, or other measure to protect historic |
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landmarks or include properties within the boundaries of a local |
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historic district; |
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(2) affect deed restrictions established before |
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January 2, 2025; or |
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(3) apply to a municipality: |
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(A) in which all areas zoned for residential use |
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have deed restrictions on September 1, 2025, prohibiting the |
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placement of manufactured homes; or |
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(B) that does not have any areas or districts |
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zoned for business or industrial use. |
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SECTION 2. This Act takes effect September 1, 2025. |