Texas 2013 - 83rd Regular

Texas Senate Bill SB1268 Compare Versions

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1	1	By: Lucio S.B. No. 1268
2	2	(Guillen)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to recreational vehicles and recreational vehicle parks.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subdivision (10), Subsection (b), Section 30.05,
10	10	Penal Code, is amended to read as follows:
11	11	(10) "Recreational vehicle park" has the meaning
12	12	assigned by Section 13.087, Water [means a tract of land that has
13	13	rental spaces for two or more recreational vehicles, as defined by
14	14	Section 522.004, Transportation] Code.
15	15	SECTION 2. Subdivision (3), Section 94.001, Property Code,
16	16	is amended to read as follows:
17	17	(3) "Manufactured home" has the meaning assigned by
18	18	Section 1201.003, Occupations Code[, and for purposes of this
19	19	chapter, a reference to a manufactured home includes a recreational
20	20	vehicle].
21	21	SECTION 3. Section 94.002, Property Code, is amended to
22	22	read as follows:
23	23	Sec. 94.002. APPLICABILITY. (a) This chapter applies only
24	24	to the relationship between a landlord who leases property in a
25	25	manufactured home community and a tenant leasing property in the
26	26	manufactured home community for the purpose of situating a
27	27	manufactured home [or a recreational vehicle] on the property.
28	28	(b) This chapter does not apply to the relationship between:
29	29	(1) a landlord who owns a manufactured home and a
30	30	tenant who leases the manufactured home from the landlord;
31	31	(2) a landlord who leases property in a manufactured
32	32	home community and a tenant leasing property in the manufactured
33	33	home community for the placement of personal property to be used for
34	34	human habitation, excluding a manufactured home [or a recreational
35	35	vehicle]; or
36	36	(3) a landlord and an employee or an agent of the
37	37	landlord.
38	38	SECTION 4. Subdivision (2), Section 184.011, Utilities
39	39	Code, is amended to read as follows:
40	40	(2) "Dwelling unit":
41	41	(A) means:
42	42	(i) [(A)] one or more rooms that are
43	43	suitable for occupancy as a residence and that contain kitchen and
44	44	bathroom facilities; or
45	45	(ii) [(B)] a mobile home in a mobile home
46	46	park; and
47	47	(B) does not include a recreational vehicle, as
48	48	defined by Section 522.004(b), Transportation Code.
49	49	SECTION 5. Subchapter C, Chapter 184, Utilities Code, is
50	50	amended by adding Section 184.036 to read as follows:
51	51	Sec. 184.036. UTILITY CUTOFF AT RECREATIONAL VEHICLE PARK.
52	52	Notwithstanding any other law, a person who operates a recreational
53	53	vehicle park, as defined by Section 13.087, Water Code, may
54	54	withhold electric, water, or wastewater utility services from a
55	55	person occupying a recreational vehicle at the park if the occupant
56	56	is delinquent in paying for utility services provided by the
57	57	operator until the occupant pays the delinquent amount.
58	58	SECTION 6. Subdivision (3), Subsection (a), Section 13.087,
59	59	Water Code, is amended to read as follows:
60	60	(3) "Recreational vehicle park" means a commercial
61	61	property:
62	62	(A) that is designed primarily [on which service
63	63	connections are made] for recreational vehicle transient guest use;
64	64	and
65	65	(B) for which fees for site service connections
66	66	for recreational vehicles, as defined by Section 522.004(b),
67	67	Transportation Code, are paid daily, weekly, or monthly [at
68	68	intervals of one day or longer].
69	69	SECTION 7. Subsection (a-1), Section 49.2122, Water Code,
70	70	is amended to read as follows:
71	71	(a-1) Notwithstanding Subsection (a), a district that
72	72	provides nonsubmetered master metered utility service, as defined
73	73	by Section 13.087(a)(1), to a recreational vehicle park, as defined
74	74	by Section 13.087(a)(3):
75	75	(1) [,] shall determine the rates for that service on
76	76	the same basis the district uses to determine the rates for other
77	77	commercial businesses that serve transient customers and receive
78	78	nonsubmetered master metered utility service from the district; and
79	79	(2) may not charge a person who owns or operates a
80	80	recreational vehicle park that receives nonsubmetered master
81	81	metered utility service from the district an administrative fee for
82	82	the services provided.
83	83	SECTION 8. Subdivisions (8) and (10), Section 94.001,
84	84	Property Code, are repealed.
85	85	SECTION 9. This Act takes effect September 1, 2013.