By: Lucio S.B. No. 1268
(In the Senate - Filed March 6, 2013; March 13, 2013, read
first time and referred to Committee on Business and Commerce;
April 15, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 15, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1268 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to recreational vehicles and recreational vehicle parks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (10), Subsection (b), Section 30.05,
Penal Code, is amended to read as follows:
(10) "Recreational vehicle park" has the meaning
assigned by Section 13.087, Water [means a tract of land that has
rental spaces for two or more recreational vehicles, as defined by
Section 522.004, Transportation] Code.
SECTION 2. Subdivision (3), Section 94.001, Property Code,
is amended to read as follows:
(3) "Manufactured home" has the meaning assigned by
Section 1201.003, Occupations Code[, and for purposes of this
chapter, a reference to a manufactured home includes a recreational
vehicle].
SECTION 3. Section 94.002, Property Code, is amended to
read as follows:
Sec. 94.002. APPLICABILITY. (a) This chapter applies only
to the relationship between a landlord who leases property in a
manufactured home community and a tenant leasing property in the
manufactured home community for the purpose of situating a
manufactured home [or a recreational vehicle] on the property.
(b) This chapter does not apply to the relationship between:
(1) a landlord who owns a manufactured home and a
tenant who leases the manufactured home from the landlord;
(2) a landlord who leases property in a manufactured
home community and a tenant leasing property in the manufactured
home community for the placement of personal property to be used for
human habitation, excluding a manufactured home [or a recreational
vehicle]; or
(3) a landlord and an employee or an agent of the
landlord.
SECTION 4. Subdivision (2), Section 184.011, Utilities
Code, is amended to read as follows:
(2) "Dwelling unit":
(A) means:
(i) [(A)] one or more rooms that are
suitable for occupancy as a residence and that contain kitchen and
bathroom facilities; or
(ii) [(B)] a mobile home in a mobile home
park; and
(B) does not include a recreational vehicle, as
defined by Section 522.004(b), Transportation Code.
SECTION 5. Subchapter C, Chapter 184, Utilities Code, is
amended by adding Section 184.036 to read as follows:
Sec. 184.036. UTILITY CUTOFF AT RECREATIONAL VEHICLE PARK.
Notwithstanding any other law, a person who operates a recreational
vehicle park, as defined by Section 13.087, Water Code, may
withhold electric, water, or wastewater utility services from a
person occupying a recreational vehicle at the park if the occupant
is delinquent in paying for utility services provided by the
operator until the occupant pays the delinquent amount.
SECTION 6. Subdivision (3), Subsection (a), Section 13.087,
Water Code, is amended to read as follows:
(3) "Recreational vehicle park" means a commercial
property:
(A) that is designed primarily [on which service
connections are made] for recreational vehicle transient guest use;
and
(B) for which fees for site service connections
for recreational vehicles, as defined by Section 522.004(b),
Transportation Code, are paid daily, weekly, or monthly [at
intervals of one day or longer].
SECTION 7. Subsection (a-1), Section 49.2122, Water Code,
is amended to read as follows:
(a-1) Notwithstanding Subsection (a), a district that
provides nonsubmetered master metered utility service, as defined
by Section 13.087(a)(1), to a recreational vehicle park, as defined
by Section 13.087(a)(3):
(1) [,] shall determine the rates for that service on
the same basis the district uses to determine the rates for other
commercial businesses that serve transient customers and receive
nonsubmetered master metered utility service from the district; and
(2) may not charge a person who owns or operates a
recreational vehicle park that receives nonsubmetered master
metered utility service from the district an administrative fee for
the services provided.
SECTION 8. Subdivisions (8) and (10), Section 94.001,
Property Code, are repealed.
SECTION 9. This Act takes effect September 1, 2013.
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