85R19269 PAM-F
By: Lucio III H.B. No. 1852
Substitute the following for H.B. No. 1852:
By: Herrero C.S.H.B. No. 1852
A BILL TO BE ENTITLED
AN ACT
relating to municipal regulation of manufactured home communities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 211, Local Government
Code, is amended by adding Section 211.018 to read as follows:
Sec. 211.018. CONTINUATION OF LAND USE REGARDING
MANUFACTURED HOME COMMUNITIES. (a) In this section, "manufactured
home," "manufactured home community," and "manufactured home lot"
have the meanings assigned by Section 94.001, Property Code.
(b) The governing body of a municipality may not require a
change in the nonconforming use of any manufactured home lot within
the boundaries of a manufactured home community if:
(1) the nonconforming use of the land constituting the
manufactured home community is authorized by law; and
(2) at least 50 percent of the manufactured home lots
in the manufactured home community are physically occupied by a
manufactured home used as a residence.
(c) For purposes of Subsection (b), requiring a change in
the nonconforming use includes:
(1) requiring the number of manufactured home lots
designated as a nonconforming use to be decreased; and
(2) declaring that the nonconforming use of the
manufactured home lots has been abandoned based on a period of
continuous abandonment of use as a manufactured home lot of any lot
for less than 12 months.
(d) A manufactured home owner may install a new or used
manufactured home, regardless of the size, or any appurtenance on a
manufactured home lot located in a manufactured home community for
which a nonconforming use is authorized by law, provided that the
manufactured home or appurtenance and the installation of the
manufactured home or appurtenance comply with:
(1) nonconforming land use standards, including
standards relating to separation and setback distances and lot
size, applicable on the date the nonconforming use of the land
constituting the manufactured home community was authorized by law;
and
(2) all applicable state and federal law and standards
in effect on the date of the installation of the manufactured home
or appurtenance.
(e) A municipality that prohibits the construction of new
single-family residences or the construction of additions to
existing single-family residences on a site located in a designated
floodplain may, notwithstanding Subsection (b), (c), or (d),
prohibit the installation of a manufactured home in a manufactured
home community on a manufactured home lot that is located in an
equivalently designated floodplain.
SECTION 2. Subchapter Z, Chapter 214, Local Government
Code, is amended by adding Section 214.906 to read as follows:
Sec. 214.906. REGULATION OF MANUFACTURED HOME COMMUNITIES.
(a) "Manufactured home" has the meaning assigned by Section
1201.003, Occupations Code.
(b) Notwithstanding any other law, the governing body of a
municipality may not regulate a tract or parcel of land as a
manufactured home community, park, or subdivision unless the tract
or parcel contains at least four spaces offered for lease for
installing and occupying manufactured homes.
SECTION 3. This Act takes effect September 1, 2017.