| 1 | | - | By: Flores, Bettencourt S.B. No. 785 |
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| 3 | | - | |
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| 1 | + | By: Flores S.B. No. 785 |
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| 2 | + | (In the Senate - Filed January 15, 2025; February 7, 2025, |
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| 3 | + | read first time and referred to Committee on Local Government; |
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| 4 | + | March 24, 2025, reported favorably by the following vote: Yeas 6, |
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| 5 | + | Nays 1; March 24, 2025, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 13 | 16 | | (b) Subject to Subsection (g), on [On] application, the |
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| 14 | 17 | | municipality shall permit the installation of a HUD-code |
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| 15 | 18 | | manufactured home for use as a dwelling in any area determined |
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| 16 | 19 | | appropriate by the municipality, including a subdivision, planned |
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| 17 | 20 | | unit development, single lot, and rental community or park. An |
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| 18 | 21 | | application to install a new HUD-code manufactured home for use as a |
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| 19 | 22 | | dwelling is considered to be granted unless the municipality in |
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| 20 | 23 | | writing denies the application and states the reason for the denial |
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| 21 | 24 | | not later than the 45th day after the date the application is |
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| 22 | 25 | | received. |
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| 23 | 26 | | (d) Except as approved by the department and subject to |
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| 24 | 27 | | Subsection (d-1), a local governmental unit may not require a |
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| 25 | 28 | | permit, a fee, a bond, or insurance for the transportation and |
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| 26 | 29 | | installation of manufactured housing by a licensed retailer or |
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| 27 | 30 | | installer. This subsection does not prohibit the collection of |
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| 28 | 31 | | actual costs incurred by a local governmental unit that result from |
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| 29 | 32 | | the transportation of a manufactured home. |
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| 30 | | - | (d-1) A municipality may not require a specific use permit or |
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| 31 | | - | other permit that serves a similar purpose to a specific use permit |
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| 32 | | - | for a new HUD-code manufactured home if: |
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| 33 | | - | (1) the home has been constructed in accordance with |
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| 34 | | - | federal law and this chapter; and |
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| 35 | | - | (2) the municipality does not require a specific use |
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| 36 | | - | permit for other residential property in the same zoning |
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| 37 | | - | classification. |
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| 38 | | - | (g) Except as provided by Subsection (h), a municipality |
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| 39 | | - | with zoning regulations or zoning district boundaries: |
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| 40 | | - | (1) shall permit the installation, by right, of a new |
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| 41 | | - | HUD-code manufactured home for use as a dwelling within the |
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| 42 | | - | municipality's boundaries under at least one: |
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| 43 | | - | (A) residential zoning classification; |
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| 44 | | - | (B) type of residential zoning district; or |
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| 45 | | - | (C) dedicated zoning classification for |
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| 46 | | - | residential HUD-code manufactured homes; |
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| 33 | + | (d-1) A municipality may not unreasonably regulate or |
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| 34 | + | restrict the installation of new HUD-code manufactured homes. A |
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| 35 | + | municipality may not require a specific use permit or other permit |
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| 36 | + | that serves a similar purpose to a specific use permit for a new |
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| 37 | + | HUD-code manufactured home that has been constructed in accordance |
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| 38 | + | with federal law and this chapter. |
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| 39 | + | (g) A municipality with zoning regulations or zoning |
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| 40 | + | district boundaries: |
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| 41 | + | (1) shall permit the installation of a new HUD-code |
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| 42 | + | manufactured home for use as a dwelling under at least one: |
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| 43 | + | (A) residential zoning classification; or |
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| 44 | + | (B) type of residential zoning district; and |
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| 49 | | - | the installation of new HUD-code manufactured homes within the |
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| 50 | | - | municipality's boundaries; |
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| 51 | | - | (3) shall ensure at least one of the residential |
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| 52 | | - | zoning classifications or districts described by Subdivision (1) |
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| 53 | | - | has been adopted and applies to a substantial area of land within |
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| 54 | | - | the municipality's boundaries; and |
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| 55 | | - | (4) if the municipality has a comprehensive zoning |
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| 56 | | - | classification map, shall indicate on the map the areas within the |
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| 57 | | - | municipality's boundaries that comply with Subdivision (3). |
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| 58 | | - | (h) Subsection (g) does not: |
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| 59 | | - | (1) limit the authority of a municipality to adopt or |
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| 60 | | - | enforce an ordinance, rule, or other measure to protect historic |
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| 61 | | - | landmarks or include properties within the boundaries of a local |
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| 62 | | - | historic district; |
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| 63 | | - | (2) affect deed restrictions established before |
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| 64 | | - | January 2, 2025; or |
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| 65 | | - | (3) apply to a municipality: |
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| 66 | | - | (A) in which all areas zoned for residential use |
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| 67 | | - | have deed restrictions on September 1, 2025, prohibiting the |
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| 68 | | - | placement of manufactured homes; or |
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| 69 | | - | (B) that does not have any areas or districts |
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| 70 | | - | zoned for business or industrial use. |
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| 47 | + | the installation of new HUD-code manufactured homes in all |
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| 48 | + | residential zoning classifications or types of residential zoning |
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| 49 | + | districts adopted by the municipality. |
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