| 1 | 1 | | 85R19269 PAM-F |
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| 2 | 2 | | By: Lucio III H.B. No. 1852 |
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| 3 | 3 | | Substitute the following for H.B. No. 1852: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 1852 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to municipal regulation of manufactured home communities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 211, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 211.018 to read as follows: |
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| 13 | 13 | | Sec. 211.018. CONTINUATION OF LAND USE REGARDING |
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| 14 | 14 | | MANUFACTURED HOME COMMUNITIES. (a) In this section, "manufactured |
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| 15 | 15 | | home," "manufactured home community," and "manufactured home lot" |
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| 16 | 16 | | have the meanings assigned by Section 94.001, Property Code. |
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| 17 | 17 | | (b) The governing body of a municipality may not require a |
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| 18 | 18 | | change in the nonconforming use of any manufactured home lot within |
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| 19 | 19 | | the boundaries of a manufactured home community if: |
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| 20 | 20 | | (1) the nonconforming use of the land constituting the |
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| 21 | 21 | | manufactured home community is authorized by law; and |
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| 22 | 22 | | (2) at least 50 percent of the manufactured home lots |
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| 23 | 23 | | in the manufactured home community are physically occupied by a |
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| 24 | 24 | | manufactured home used as a residence. |
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| 25 | 25 | | (c) For purposes of Subsection (b), requiring a change in |
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| 26 | 26 | | the nonconforming use includes: |
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| 27 | 27 | | (1) requiring the number of manufactured home lots |
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| 28 | 28 | | designated as a nonconforming use to be decreased; and |
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| 29 | 29 | | (2) declaring that the nonconforming use of the |
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| 30 | 30 | | manufactured home lots has been abandoned based on a period of |
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| 31 | 31 | | continuous abandonment of use as a manufactured home lot of any lot |
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| 32 | 32 | | for less than 12 months. |
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| 33 | 33 | | (d) A manufactured home owner may install a new or used |
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| 34 | 34 | | manufactured home, regardless of the size, or any appurtenance on a |
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| 35 | 35 | | manufactured home lot located in a manufactured home community for |
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| 36 | 36 | | which a nonconforming use is authorized by law, provided that the |
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| 37 | 37 | | manufactured home or appurtenance and the installation of the |
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| 38 | 38 | | manufactured home or appurtenance comply with: |
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| 39 | 39 | | (1) nonconforming land use standards, including |
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| 40 | 40 | | standards relating to separation and setback distances and lot |
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| 41 | 41 | | size, applicable on the date the nonconforming use of the land |
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| 42 | 42 | | constituting the manufactured home community was authorized by law; |
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| 43 | 43 | | and |
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| 44 | 44 | | (2) all applicable state and federal law and standards |
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| 45 | 45 | | in effect on the date of the installation of the manufactured home |
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| 46 | 46 | | or appurtenance. |
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| 47 | 47 | | (e) A municipality that prohibits the construction of new |
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| 48 | 48 | | single-family residences or the construction of additions to |
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| 49 | 49 | | existing single-family residences on a site located in a designated |
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| 50 | 50 | | floodplain may, notwithstanding Subsection (b), (c), or (d), |
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| 51 | 51 | | prohibit the installation of a manufactured home in a manufactured |
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| 52 | 52 | | home community on a manufactured home lot that is located in an |
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| 53 | 53 | | equivalently designated floodplain. |
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| 54 | 54 | | SECTION 2. Subchapter Z, Chapter 214, Local Government |
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| 55 | 55 | | Code, is amended by adding Section 214.906 to read as follows: |
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| 56 | 56 | | Sec. 214.906. REGULATION OF MANUFACTURED HOME COMMUNITIES. |
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| 57 | 57 | | (a) "Manufactured home" has the meaning assigned by Section |
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| 58 | 58 | | 1201.003, Occupations Code. |
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| 59 | 59 | | (b) Notwithstanding any other law, the governing body of a |
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| 60 | 60 | | municipality may not regulate a tract or parcel of land as a |
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| 61 | 61 | | manufactured home community, park, or subdivision unless the tract |
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| 62 | 62 | | or parcel contains at least four spaces offered for lease for |
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| 63 | 63 | | installing and occupying manufactured homes. |
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| 64 | 64 | | SECTION 3. This Act takes effect September 1, 2017. |
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