Texas 2023 - 88th Regular

Texas House Bill HB2970 Latest Draft

Bill / Engrossed Version Filed 04/12/2023

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                            88R9288 MP-F
 By: Guillen, Cain H.B. No. 2970


 A BILL TO BE ENTITLED
 AN ACT
 relating to the municipal regulation of HUD-code manufactured
 homes.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 1201.008, Occupations Code, is amended
 by adding Subsections (g), (h), (i), (j), and (k) to read as
 follows:
 (g)  Notwithstanding any other law, other than Subsections
 (h), (i), and (k), a municipality shall allow the placement of a new
 HUD-code manufactured home as a permitted use in all zoning
 classifications that allow detached residential single-family or
 duplex dwellings, if the owner of the HUD-code manufactured home
 elects to treat the manufactured home as real property under
 Section 1201.2055.
 (h)  A municipality may adopt an ordinance, regulation, or
 other measure that requires a new HUD-code manufactured home
 elected to be treated as real property and used as a single-family
 or duplex dwelling to:
 (1)  have a value equal to or greater than the median
 taxable value of each single-family dwelling located within 500
 feet of the lot on which the new HUD-code manufactured home is
 proposed to be placed, as determined by the most recent certified
 tax appraisal roll for the properties;
 (2)  have exterior siding, roofing, foundation fascia,
 and fenestration compatible with each single-family dwelling
 located within 500 feet of the lot on which the new HUD-code
 manufactured home is proposed to be placed;
 (3)  comply with the municipality's aesthetic, building
 setback, side and rear yard offset, subdivision control,
 architectural landscaping, square footage, and other site
 requirements that would apply to a single-family dwelling
 constructed on the site; or
 (4)  be securely placed on a permanent foundation
 system.
 (i)  For purposes of Subsection (h), the value of a HUD-code
 manufactured home is the taxable or initial sales value of the
 HUD-code manufactured home and the value of the lot after the
 placement of the HUD-code manufactured home on the lot.
 (j)  A municipality may not adopt or enforce an ordinance,
 regulation, or other measure that imposes a requirement on a new
 HUD-code manufactured home elected to be treated as real property
 under Section 1201.2055 that is more stringent than the regulations
 that would apply to a new single-family or duplex dwelling
 constructed on the site.
 (k)  This section does not:
 (1)  limit the authority of a municipality to adopt an
 ordinance, regulation, or other measure to protect historic
 properties or historic districts; or
 (2)  affect deed restrictions.
 SECTION 2.  This Act takes effect September 1, 2023.