Bill Text: TX HB4412 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the regulation of recreational vehicle parks.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-29 - Referred to Land & Resource Management [HB4412 Detail]

Download: Texas-2021-HB4412-Introduced.html
  87R10457 SMT-D
 
  By: Wilson H.B. No. 4412
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of recreational vehicle parks.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 232.007, Local Government
  Code, is amended to read as follows:
         Sec. 232.007.  MANUFACTURED HOME RENTAL COMMUNITIES AND
  RECREATIONAL VEHICLE PARKS.
         SECTION 2.  Sections 232.007(a), (b), (c), (e), (f), (g),
  and (h), Local Government Code, are amended to read as follows:
         (a)  In this section:
               (1)  "Business day" means a day other than a Saturday,
  Sunday, or holiday recognized by this state.
               (2)  "Manufactured home rental community" means a plot
  or tract of land that is separated into two or more spaces or lots
  that are rented, leased, or offered for rent or lease, for a term of
  less than 60 months without a purchase option, for the installation
  of manufactured homes for use and occupancy as residences.
               (3)  "Recreational vehicle" has the meaning assigned by
  Section 522.004, Transportation Code.
               (4)  "Recreational vehicle park" means a plot or tract
  of land that is separated into two or more spaces or lots that are
  rented, leased, or offered for rent or lease for a term of more than
  30 consecutive days to park recreational vehicles for use and
  occupancy as residences.
               (5)  "Rental community" means a manufactured home
  rental community or a recreational vehicle park.
               [(2)  "Business day" means a day other than a Saturday,
  Sunday, or holiday recognized by this state.]
         (b)  A [manufactured home] rental community is not a
  subdivision, and Sections 232.001-232.006 do not apply to the
  community.
         (c)  After a public hearing and after notice is published in
  a newspaper of general circulation in the county, the commissioners
  court of a county, by order adopted and entered in the minutes of
  the commissioners court, may establish minimum infrastructure
  standards for [manufactured home] rental communities located in the
  county outside the limits of a municipality. The minimum standards
  may include only:
               (1)  reasonable specifications to provide adequate
  drainage in accordance with standard engineering practices,
  including specifying necessary drainage culverts and identifying
  areas included in the 100-year flood plain;
               (2)  reasonable specifications for providing an
  adequate public or community water supply, including specifying the
  location of supply lines, in accordance with Subchapter C, Chapter
  341, Health and Safety Code;
               (3)  reasonable requirements for providing access to
  sanitary sewer lines, including specifying the location of sanitary
  sewer lines, or providing adequate on-site sewage facilities in
  accordance with Chapter 366, Health and Safety Code;
               (4)  a requirement for the preparation of a survey
  identifying the proposed [manufactured home] rental community
  boundaries and any significant features of the community, including
  the proposed location of [manufactured home] rental community
  spaces, utility easements, and dedications of rights-of-way; and
               (5)  reasonable specifications for streets or roads in
  the [manufactured] rental [home] community to provide ingress and
  egress access for fire and emergency vehicles.
         (e)  If the commissioners court adopts minimum
  infrastructure standards for [manufactured home] rental
  communities, the owner of land located outside the limits of a
  municipality who intends to use the land for a [manufactured home]
  rental community must have an infrastructure development plan
  prepared that complies with the minimum infrastructure standards
  adopted by the commissioners court under Subsection (c).
         (f)  Not later than the 60th day after the date the owner of a
  proposed [manufactured home] rental community submits an
  infrastructure development plan for approval, the county engineer
  or another person designated by the commissioners court shall
  approve or reject the plan in writing. If the plan is rejected, the
  written rejection must specify the reasons for the rejection and
  the actions required for approval of the plan. The failure to
  reject a plan within the period prescribed by this subsection
  constitutes approval of the plan.
         (g)  Construction of a proposed [manufactured home] rental
  community may not begin before the date the county engineer or
  another person designated by the commissioners court approves the
  infrastructure development plan. The commissioners court may
  require inspection of the infrastructure during or on completion of
  its construction. If a final inspection is required, the final
  inspection must be completed not later than the second business day
  after the date the commissioners court or the person designated by
  the commissioners court receives a written confirmation from the
  owner that the construction of the infrastructure is complete. If
  the inspector determines that the infrastructure complies with the
  infrastructure development plan, the commissioners court shall
  issue a certificate of compliance not later than the fifth business
  day after the date the final inspection is completed. If a final
  inspection is not required, the commissioners court shall issue a
  certificate of compliance not later than the fifth business day
  after the date the commissioners court or the person designated by
  the commissioners court receives written certification from the
  owner that construction of the infrastructure has been completed in
  compliance with the infrastructure development plan.
         (h)  A utility may not provide utility services, including
  water, sewer, gas, and electric services, to a [manufactured home]
  rental community subject to an infrastructure development plan or
  to a manufactured home or recreational vehicle in the community
  unless the owner provides the utility with a copy of the certificate
  of compliance issued under Subsection (g). This subsection applies
  only to:
               (1)  a municipality that provides utility services;
               (2)  a municipally owned or municipally operated
  utility that provides utility services;
               (3)  a public utility that provides utility services;
               (4)  a nonprofit water supply or sewer service
  corporation organized and operating under Chapter 67, Water Code,
  that provides utility services;
               (5)  a county that provides utility services; and
               (6)  a special district or authority created by state
  law that provides utility services.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
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