| 1 | 1 | | 88R6796 MP-F |
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| 2 | 2 | | By: Guillen H.B. No. 2343 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of new HUD-code manufactured housing. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 1201.008, Occupations Code, is amended |
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| 10 | 10 | | by amending Subsections (b) and (d) and adding Subsections (d-1) |
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| 11 | 11 | | and (g) to read as follows: |
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| 12 | 12 | | (b) Subject to Subsection (g), on [On] application, the |
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| 13 | 13 | | municipality shall permit the installation of a HUD-code |
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| 14 | 14 | | manufactured home for use as a dwelling in any area determined |
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| 15 | 15 | | appropriate by the municipality, including a subdivision, planned |
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| 16 | 16 | | unit development, single lot, and rental community or park. An |
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| 17 | 17 | | application to install a new HUD-code manufactured home for use as a |
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| 18 | 18 | | dwelling is considered to be granted unless the municipality in |
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| 19 | 19 | | writing denies the application and states the reason for the denial |
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| 20 | 20 | | not later than the 45th day after the date the application is |
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| 21 | 21 | | received. |
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| 22 | 22 | | (d) Except as approved by the department and subject to |
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| 23 | 23 | | Subsection (d-1), a local governmental unit may not require a |
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| 24 | 24 | | permit, a fee, a bond, or insurance for the transportation and |
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| 25 | 25 | | installation of manufactured housing by a licensed retailer or |
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| 26 | 26 | | installer. This subsection does not prohibit the collection of |
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| 27 | 27 | | actual costs incurred by a local governmental unit that result from |
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| 28 | 28 | | the transportation of a manufactured home. |
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| 29 | 29 | | (d-1) A municipality may not unreasonably regulate or |
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| 30 | 30 | | restrict the installation of new HUD-code manufactured homes. A |
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| 31 | 31 | | municipality may not require a specific use permit or other permit |
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| 32 | 32 | | that serves a similar purpose to a specific use permit for a new |
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| 33 | 33 | | HUD-code manufactured home that has been constructed in accordance |
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| 34 | 34 | | with federal law and this chapter. |
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| 35 | 35 | | (g) A municipality with zoning regulations or zoning |
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| 36 | 36 | | district boundaries: |
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| 37 | 37 | | (1) shall permit the installation of a new HUD-code |
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| 38 | 38 | | manufactured home for use as a dwelling under at least one: |
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| 39 | 39 | | (A) residential zoning classification; or |
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| 40 | 40 | | (B) type of residential zoning district; and |
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| 41 | 41 | | (2) may not adopt or enforce other zoning regulations |
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| 42 | 42 | | or zoning district boundaries that directly or indirectly prohibit |
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| 43 | 43 | | the installation of new HUD-code manufactured homes in all |
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| 44 | 44 | | residential zoning classifications or types of residential zoning |
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| 45 | 45 | | districts adopted by the municipality. |
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| 46 | 46 | | SECTION 2. This Act takes effect September 1, 2023. |
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