82R9714 TJB-F
By: Wentworth S.B. No. 1110
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of multiple-unit rental home
communities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 232.007, Local Government Code, is
amended to read as follows:
Sec. 232.007. MANUFACTURED HOME RENTAL COMMUNITIES AND
MULTIPLE-UNIT RENTAL HOME COMMUNITIES. (a) In this section:
(1) "Rental community" means a manufactured home
rental community or a multiple-unit rental home community.
(2) "Manufactured home rental community" means a plot
or tract of land that is separated into two or more spaces or lots
that are rented, leased, or offered for rent or lease, for a term of
less than 60 months without a purchase option, for the installation
of manufactured homes for use and occupancy as residences.
(3) "Multiple-unit rental home community" means a plot
or tract of land that is separated into two or more spaces or lots on
which are located homes, cabins, lodges, or similar structures for
use and occupancy as residences that are rented, leased, or offered
for rent or lease for a term of less than 60 months without a
purchase option.
(4) [(2)] "Business day" means a day other than a
Saturday, Sunday, or holiday recognized by this state.
(b) A [manufactured home] rental community is not a
subdivision, and Sections 232.001-232.006 do not apply to the
community.
(c) After a public hearing and after notice is published in
a newspaper of general circulation in the county, the commissioners
court of a county, by order adopted and entered in the minutes of
the commissioners court, may establish minimum infrastructure
standards for manufactured home rental communities or
multiple-unit rental home communities located in the county outside
the limits of a municipality. The minimum standards may include
only:
(1) reasonable specifications to provide adequate
drainage in accordance with standard engineering practices,
including specifying necessary drainage culverts and identifying
areas included in the 100-year flood plain;
(2) reasonable specifications for providing an
adequate public or community water supply, including specifying the
location of supply lines, in accordance with Subchapter C, Chapter
341, Health and Safety Code;
(3) reasonable requirements for providing access to
sanitary sewer lines, including specifying the location of sanitary
sewer lines, or providing adequate on-site sewage facilities in
accordance with Chapter 366, Health and Safety Code;
(4) a requirement for the preparation of a survey
identifying the proposed [manufactured home] rental community
boundaries and any significant features of the community, including
the proposed location of [manufactured home] rental community
spaces, structures, utility easements, and dedications of
rights-of-way; and
(5) reasonable specifications for streets or roads in
the [manufactured] rental [home] community to provide ingress and
egress access for fire and emergency vehicles.
(d) The commissioners court may not adopt minimum
infrastructure standards that are more stringent than requirements
adopted by the commissioners court for subdivisions. The
commissioners court may only adopt minimum infrastructure
standards for ingress and egress access by fire and emergency
vehicles that are reasonably necessary.
(e) If the commissioners court adopts minimum
infrastructure standards for manufactured home rental communities
or multiple-unit rental home communities, the owner of land located
outside the limits of a municipality who intends to use the land for
a manufactured home rental community or multiple-unit rental home
community must have an infrastructure development plan prepared
that complies with the minimum infrastructure standards adopted by
the commissioners court under Subsection (c).
(f) Not later than the 60th day after the date the owner of a
proposed [manufactured home] rental community submits an
infrastructure development plan for approval, the county engineer
or another person designated by the commissioners court shall
approve or reject the plan in writing. If the plan is rejected, the
written rejection must specify the reasons for the rejection and
the actions required for approval of the plan. The failure to
reject a plan within the period prescribed by this subsection
constitutes approval of the plan.
(g) Construction of a proposed [manufactured home] rental
community may not begin before the date the county engineer or
another person designated by the commissioners court approves the
infrastructure development plan. The commissioners court may
require inspection of the infrastructure during or on completion of
its construction. If a final inspection is required, the final
inspection must be completed not later than the second business day
after the date the commissioners court or the person designated by
the commissioners court receives a written confirmation from the
owner that the construction of the infrastructure is complete. If
the inspector determines that the infrastructure complies with the
infrastructure development plan, the commissioners court shall
issue a certificate of compliance not later than the fifth business
day after the date the final inspection is completed. If a final
inspection is not required, the commissioners court shall issue a
certificate of compliance not later than the fifth business day
after the date the commissioners court or the person designated by
the commissioners court receives written certification from the
owner that construction of the infrastructure has been completed in
compliance with the infrastructure development plan.
(h) A utility may not provide utility services, including
water, sewer, gas, and electric services, to a [manufactured home]
rental community subject to an infrastructure development plan or
to a manufactured home or other structure in the community unless
the owner provides the utility with a copy of the certificate of
compliance issued under Subsection (g). This subsection applies
only to:
(1) a municipality that provides utility services;
(2) a municipally owned or municipally operated
utility that provides utility services;
(3) a public utility that provides utility services;
(4) a nonprofit water supply or sewer service
corporation organized and operating under Chapter 67, Water Code,
that provides utility services;
(5) a county that provides utility services; and
(6) a special district or authority created by state
law that provides utility services.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.