1 | 1 | | 89R3895 MP-F |
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2 | 2 | | By: Guillen H.B. No. 1835 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the regulation of new HUD-code manufactured housing. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 1201.008, Occupations Code, is amended |
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12 | 12 | | by amending Subsections (b) and (d) and adding Subsections (d-1) |
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13 | 13 | | and (g) to read as follows: |
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14 | 14 | | (b) Subject to Subsection (g), on [On] application, the |
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15 | 15 | | municipality shall permit the installation of a HUD-code |
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16 | 16 | | manufactured home for use as a dwelling in any area determined |
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17 | 17 | | appropriate by the municipality, including a subdivision, planned |
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18 | 18 | | unit development, single lot, and rental community or park. An |
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19 | 19 | | application to install a new HUD-code manufactured home for use as a |
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20 | 20 | | dwelling is considered to be granted unless the municipality in |
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21 | 21 | | writing denies the application and states the reason for the denial |
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22 | 22 | | not later than the 45th day after the date the application is |
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23 | 23 | | received. |
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24 | 24 | | (d) Except as approved by the department and subject to |
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25 | 25 | | Subsection (d-1), a local governmental unit may not require a |
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26 | 26 | | permit, a fee, a bond, or insurance for the transportation and |
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27 | 27 | | installation of manufactured housing by a licensed retailer or |
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28 | 28 | | installer. This subsection does not prohibit the collection of |
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29 | 29 | | actual costs incurred by a local governmental unit that result from |
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30 | 30 | | the transportation of a manufactured home. |
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31 | 31 | | (d-1) A municipality may not unreasonably regulate or |
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32 | 32 | | restrict the installation of new HUD-code manufactured homes. A |
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33 | 33 | | municipality may not require a specific use permit or other permit |
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34 | 34 | | that serves a similar purpose to a specific use permit for a new |
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35 | 35 | | HUD-code manufactured home that has been constructed in accordance |
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36 | 36 | | with federal law and this chapter. |
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37 | 37 | | (g) A municipality with zoning regulations or zoning |
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38 | 38 | | district boundaries: |
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39 | 39 | | (1) shall permit the installation of a new HUD-code |
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40 | 40 | | manufactured home for use as a dwelling under at least one: |
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41 | 41 | | (A) residential zoning classification; or |
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42 | 42 | | (B) type of residential zoning district; and |
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43 | 43 | | (2) may not adopt or enforce other zoning regulations |
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44 | 44 | | or zoning district boundaries that directly or indirectly prohibit |
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45 | 45 | | the installation of new HUD-code manufactured homes in all |
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46 | 46 | | residential zoning classifications or types of residential zoning |
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47 | 47 | | districts adopted by the municipality. |
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48 | 48 | | SECTION 2. This Act takes effect September 1, 2025. |
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