Texas 2021 - 87th Regular

Texas House Bill HB4412 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10457 SMT-D
2	2	By: Wilson H.B. No. 4412
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of recreational vehicle parks.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 232.007, Local Government
10	10	Code, is amended to read as follows:
11	11	Sec. 232.007. MANUFACTURED HOME RENTAL COMMUNITIES AND
12	12	RECREATIONAL VEHICLE PARKS.
13	13	SECTION 2. Sections 232.007(a), (b), (c), (e), (f), (g),
14	14	and (h), Local Government Code, are amended to read as follows:
15	15	(a) In this section:
16	16	(1) "Business day" means a day other than a Saturday,
17	17	Sunday, or holiday recognized by this state.
18	18	(2) "Manufactured home rental community" means a plot
19	19	or tract of land that is separated into two or more spaces or lots
20	20	that are rented, leased, or offered for rent or lease, for a term of
21	21	less than 60 months without a purchase option, for the installation
22	22	of manufactured homes for use and occupancy as residences.
23	23	(3) "Recreational vehicle" has the meaning assigned by
24	24	Section 522.004, Transportation Code.
25	25	(4) "Recreational vehicle park" means a plot or tract
26	26	of land that is separated into two or more spaces or lots that are
27	27	rented, leased, or offered for rent or lease for a term of more than
28	28	30 consecutive days to park recreational vehicles for use and
29	29	occupancy as residences.
30	30	(5) "Rental community" means a manufactured home
31	31	rental community or a recreational vehicle park.
32	32	[(2) "Business day" means a day other than a Saturday,
33	33	Sunday, or holiday recognized by this state.]
34	34	(b) A [manufactured home] rental community is not a
35	35	subdivision, and Sections 232.001-232.006 do not apply to the
36	36	community.
37	37	(c) After a public hearing and after notice is published in
38	38	a newspaper of general circulation in the county, the commissioners
39	39	court of a county, by order adopted and entered in the minutes of
40	40	the commissioners court, may establish minimum infrastructure
41	41	standards for [manufactured home] rental communities located in the
42	42	county outside the limits of a municipality. The minimum standards
43	43	may include only:
44	44	(1) reasonable specifications to provide adequate
45	45	drainage in accordance with standard engineering practices,
46	46	including specifying necessary drainage culverts and identifying
47	47	areas included in the 100-year flood plain;
48	48	(2) reasonable specifications for providing an
49	49	adequate public or community water supply, including specifying the
50	50	location of supply lines, in accordance with Subchapter C, Chapter
51	51	341, Health and Safety Code;
52	52	(3) reasonable requirements for providing access to
53	53	sanitary sewer lines, including specifying the location of sanitary
54	54	sewer lines, or providing adequate on-site sewage facilities in
55	55	accordance with Chapter 366, Health and Safety Code;
56	56	(4) a requirement for the preparation of a survey
57	57	identifying the proposed [manufactured home] rental community
58	58	boundaries and any significant features of the community, including
59	59	the proposed location of [manufactured home] rental community
60	60	spaces, utility easements, and dedications of rights-of-way; and
61	61	(5) reasonable specifications for streets or roads in
62	62	the [manufactured] rental [home] community to provide ingress and
63	63	egress access for fire and emergency vehicles.
64	64	(e) If the commissioners court adopts minimum
65	65	infrastructure standards for [manufactured home] rental
66	66	communities, the owner of land located outside the limits of a
67	67	municipality who intends to use the land for a [manufactured home]
68	68	rental community must have an infrastructure development plan
69	69	prepared that complies with the minimum infrastructure standards
70	70	adopted by the commissioners court under Subsection (c).
71	71	(f) Not later than the 60th day after the date the owner of a
72	72	proposed [manufactured home] rental community submits an
73	73	infrastructure development plan for approval, the county engineer
74	74	or another person designated by the commissioners court shall
75	75	approve or reject the plan in writing. If the plan is rejected, the
76	76	written rejection must specify the reasons for the rejection and
77	77	the actions required for approval of the plan. The failure to
78	78	reject a plan within the period prescribed by this subsection
79	79	constitutes approval of the plan.
80	80	(g) Construction of a proposed [manufactured home] rental
81	81	community may not begin before the date the county engineer or
82	82	another person designated by the commissioners court approves the
83	83	infrastructure development plan. The commissioners court may
84	84	require inspection of the infrastructure during or on completion of
85	85	its construction. If a final inspection is required, the final
86	86	inspection must be completed not later than the second business day
87	87	after the date the commissioners court or the person designated by
88	88	the commissioners court receives a written confirmation from the
89	89	owner that the construction of the infrastructure is complete. If
90	90	the inspector determines that the infrastructure complies with the
91	91	infrastructure development plan, the commissioners court shall
92	92	issue a certificate of compliance not later than the fifth business
93	93	day after the date the final inspection is completed. If a final
94	94	inspection is not required, the commissioners court shall issue a
95	95	certificate of compliance not later than the fifth business day
96	96	after the date the commissioners court or the person designated by
97	97	the commissioners court receives written certification from the
98	98	owner that construction of the infrastructure has been completed in
99	99	compliance with the infrastructure development plan.
100	100	(h) A utility may not provide utility services, including
101	101	water, sewer, gas, and electric services, to a [manufactured home]
102	102	rental community subject to an infrastructure development plan or
103	103	to a manufactured home or recreational vehicle in the community
104	104	unless the owner provides the utility with a copy of the certificate
105	105	of compliance issued under Subsection (g). This subsection applies
106	106	only to:
107	107	(1) a municipality that provides utility services;
108	108	(2) a municipally owned or municipally operated
109	109	utility that provides utility services;
110	110	(3) a public utility that provides utility services;
111	111	(4) a nonprofit water supply or sewer service
112	112	corporation organized and operating under Chapter 67, Water Code,
113	113	that provides utility services;
114	114	(5) a county that provides utility services; and
115	115	(6) a special district or authority created by state
116	116	law that provides utility services.
117	117	SECTION 3. This Act takes effect immediately if it receives
118	118	a vote of two-thirds of all the members elected to each house, as
119	119	provided by Section 39, Article III, Texas Constitution. If this
120	120	Act does not receive the vote necessary for immediate effect, this
121	121	Act takes effect September 1, 2021.