Texas 2025 - 89th Regular

Texas Senate Bill SB2762 Compare Versions

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

Old	New	Differences
1	1	89R15013 SCR-D
2	2	By: Cook S.B. No. 2762
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the sale of a manufactured home community.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 94, Property Code, is amended by adding
12	12	Subchapter E-1 to read as follows:
13	13	SUBCHAPTER E-1. SALE OF MANUFACTURED HOME COMMUNITY
14	14	Sec. 94.221. DEFINITIONS. In this subchapter:
15	15	(1) "Refusal period" means the period of time
16	16	described by Section 94.224(2).
17	17	(2) "Tenants' association" means an association formed
18	18	under Section 94.225.
19	19	Sec. 94.222. RIGHT OF FIRST REFUSAL REQUIRED. (a) A
20	20	landlord may not enter into a contract for the sale of a
21	21	manufactured home community without providing the tenants of the
22	22	community a right of first refusal under this subchapter.
23	23	(b) This subchapter does not apply to:
24	24	(1) a gift or sale of a manufactured home community to
25	25	a family member of the landlord;
26	26	(2) a transfer of a manufactured home community to a
27	27	trust established for the benefit of members of the landlord's
28	28	family; or
29	29	(3) a sale resulting from a condemnation proceeding.
30	30	Sec. 94.223. NOTICE TO RESIDENTS; FORM. (a) Not later than
31	31	the 14th day after a landlord receives an offer for the purchase of
32	32	a manufactured home community that the landlord conditionally
33	33	accepts or plans to accept, the landlord shall provide notice by
34	34	certified mail to each tenant, or to the owner of the manufactured
35	35	home if the owner is not the tenant, that the landlord has received
36	36	an offer for the purchase of the manufactured home community.
37	37	(b) Not later than the 90th day after giving notice under
38	38	Subsection (a), the landlord shall post in a common area in the
39	39	manufactured home community a form that includes:
40	40	(1) information relating to the tenants' right of
41	41	first refusal under this subchapter;
42	42	(2) the purchase price of the manufactured home
43	43	community in the offer described by Subsection (a);
44	44	(3) information regarding financing options for
45	45	purchasing the manufactured home community;
46	46	(4) information regarding the ability of a tenants'
47	47	association to assign the tenants' right to purchase a manufactured
48	48	home community under Section 94.225(b); and
49	49	(5) a space for a tenant to indicate whether the tenant
50	50	intends to exercise the right of first refusal or declines to
51	51	exercise the right.
52	52	Sec. 94.224. EXPIRATION OF RIGHT OF FIRST REFUSAL. A right
53	53	of first refusal provided under this subchapter expires:
54	54	(1) on the 90th day after the date notice is given
55	55	under Section 94.223 if 50 percent or more of the tenants of the
56	56	manufactured home community have indicated on the form described by
57	57	Section 94.223(b) that they decline to exercise the right; or
58	58	(2) on the 121st day after notice is given under
59	59	Section 94.223 if a purchase offer is not made to the landlord under
60	60	Section 94.226 before that day.
61	61	Sec. 94.225. TENANTS' ASSOCIATION; ASSIGNMENT. (a) A
62	62	group of tenants may form an association to exercise a right of
63	63	first refusal under this subchapter if more than 50 percent of the
64	64	tenants of the manufactured home community indicate on the form
65	65	described by Section 94.223(b) that they wish to exercise a right of
66	66	first refusal under this subchapter.
67	67	(b) An association formed under Subsection (a) may assign
68	68	its right to purchase a manufactured home community to:
69	69	(1) a municipality;
70	70	(2) a county;
71	71	(3) a state governmental entity;
72	72	(4) a housing authority;
73	73	(5) a nonprofit organization; or
74	74	(6) a tribal governmental entity.
75	75	Sec. 94.226. OFFER FROM TENANTS' ASSOCIATION. (a) Not
76	76	later than the 120th day after a landlord gives notice under Section
77	77	94.223, a tenants' association or a tenants' association's assignee
78	78	may deliver to the landlord a written offer to purchase the
79	79	manufactured home community on the same terms as the offer
80	80	described by Section 94.223(a).
81	81	(b) Not later than the seventh day after receiving the offer
82	82	described by Subsection (a), a landlord shall provide a written
83	83	response:
84	84	(1) accepting the offer; or
85	85	(2) rejecting the offer and providing reasons for the
86	86	rejection.
87	87	(c) A landlord shall negotiate in good faith with a tenants'
88	88	association or a tenants' association's assignee for the purchase
89	89	of the manufactured home community.
90	90	Sec. 94.227. FINANCING. Except as provided by Section
91	91	94.228, a tenants' association or a tenants' association's assignee
92	92	must obtain any financing necessary for the purchase of the
93	93	manufactured home community not later than the 90th day after
94	94	making an offer under Section 94.226.
95	95	Sec. 94.228. EXTENSION OF REFUSAL PERIOD. The refusal
96	96	period may be extended:
97	97	(1) on written agreement between a tenants'
98	98	association or a tenants' association's assignee and the landlord;
99	99	(2) for a reasonable delay in obtaining financing
100	100	under Section 94.227;
101	101	(3) during a period when a potential assignee
102	102	considers an assignment from the tenants' association; or
103	103	(4) if a tenants' association files a complaint with
104	104	the Texas Department of Housing and Community Affairs that the
105	105	landlord has acted in bad faith.
106	106	SECTION 2. The changes in law made by this Act apply only to
107	107	a sale of a manufactured home community under an executory contract
108	108	entered into on or after the effective date of this Act.
109	109	SECTION 3. This Act takes effect September 1, 2025.