| 1 | 1 | | 88R9288 MP-F |
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| 2 | 2 | | By: Guillen, Cain H.B. No. 2970 |
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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 municipal regulation of HUD-code manufactured |
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| 8 | 8 | | homes. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1201.008, Occupations Code, is amended |
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| 11 | 11 | | by adding Subsections (g), (h), (i), (j), and (k) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (g) Notwithstanding any other law, other than Subsections |
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| 14 | 14 | | (h), (i), and (k), a municipality shall allow the placement of a new |
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| 15 | 15 | | HUD-code manufactured home as a permitted use in all zoning |
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| 16 | 16 | | classifications that allow detached residential single-family or |
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| 17 | 17 | | duplex dwellings, if the owner of the HUD-code manufactured home |
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| 18 | 18 | | elects to treat the manufactured home as real property under |
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| 19 | 19 | | Section 1201.2055. |
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| 20 | 20 | | (h) A municipality may adopt an ordinance, regulation, or |
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| 21 | 21 | | other measure that requires a new HUD-code manufactured home |
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| 22 | 22 | | elected to be treated as real property and used as a single-family |
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| 23 | 23 | | or duplex dwelling to: |
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| 24 | 24 | | (1) have a value equal to or greater than the median |
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| 25 | 25 | | taxable value of each single-family dwelling located within 500 |
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| 26 | 26 | | feet of the lot on which the new HUD-code manufactured home is |
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| 27 | 27 | | proposed to be placed, as determined by the most recent certified |
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| 28 | 28 | | tax appraisal roll for the properties; |
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| 29 | 29 | | (2) have exterior siding, roofing, foundation fascia, |
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| 30 | 30 | | and fenestration compatible with each single-family dwelling |
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| 31 | 31 | | located within 500 feet of the lot on which the new HUD-code |
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| 32 | 32 | | manufactured home is proposed to be placed; |
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| 33 | 33 | | (3) comply with the municipality's aesthetic, building |
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| 34 | 34 | | setback, side and rear yard offset, subdivision control, |
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| 35 | 35 | | architectural landscaping, square footage, and other site |
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| 36 | 36 | | requirements that would apply to a single-family dwelling |
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| 37 | 37 | | constructed on the site; or |
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| 38 | 38 | | (4) be securely placed on a permanent foundation |
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| 39 | 39 | | system. |
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| 40 | 40 | | (i) For purposes of Subsection (h), the value of a HUD-code |
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| 41 | 41 | | manufactured home is the taxable or initial sales value of the |
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| 42 | 42 | | HUD-code manufactured home and the value of the lot after the |
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| 43 | 43 | | placement of the HUD-code manufactured home on the lot. |
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| 44 | 44 | | (j) A municipality may not adopt or enforce an ordinance, |
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| 45 | 45 | | regulation, or other measure that imposes a requirement on a new |
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| 46 | 46 | | HUD-code manufactured home elected to be treated as real property |
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| 47 | 47 | | under Section 1201.2055 that is more stringent than the regulations |
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| 48 | 48 | | that would apply to a new single-family or duplex dwelling |
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| 49 | 49 | | constructed on the site. |
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| 50 | 50 | | (k) This section does not: |
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| 51 | 51 | | (1) limit the authority of a municipality to adopt an |
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| 52 | 52 | | ordinance, regulation, or other measure to protect historic |
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| 53 | 53 | | properties or historic districts; or |
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| 54 | 54 | | (2) affect deed restrictions. |
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| 55 | 55 | | SECTION 2. This Act takes effect September 1, 2023. |
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