SB785 - Relating to the regulation of new HUD-code manufactured housing.

      S.B. No. 785         AN ACT   relating to the regulation of new HUD-code manufactured housing.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1201.008, Occupations Code, is amended   by amending Subsections (b) and (d) and adding Subsections (d-1),   (g), and (h) to read as follows:          (b)   Subject to Subsection (g), on [ On ] application, the   municipality shall permit the installation of a HUD-code   manufactured home for use as a dwelling in any area determined   appropriate by the municipality, including a subdivision, planned   unit development, single lot, and rental community or park. An   application to install a new HUD-code manufactured home for use as a   dwelling is considered to be granted unless the municipality in   writing denies the application and states the reason for the denial   not later than the 45th day after the date the application is   received.          (d)  Except as approved by the department and subject to   Subsection (d-1) , a local governmental unit may not require a   permit, a fee, a bond, or insurance for the transportation and   installation of manufactured housing by a licensed retailer or   installer. This subsection does not prohibit the collection of   actual costs incurred by a local governmental unit that result from   the transportation of a manufactured home.           (d-1)   A municipality may not require a specific use permit or   other permit that serves a similar purpose to a specific use permit   for a new HUD-code manufactured home if:                 (1)     the home has been constructed in accordance with   federal law and this chapter; and                 (2)     the municipality does not require a specific use   permit for other residential property in the same zoning   classification.           (g)     Except as provided by Subsection (h), a municipality   with zoning regulations or zoning district boundaries:                 (1)     shall permit the installation, by right, of a new   HUD-code manufactured home for use as a dwelling within the   municipality's boundaries under at least one:                       (A)  residential zoning classification;                       (B)  type of residential zoning district; or                       (C)     dedicated zoning classification for   residential HUD-code manufactured homes;                 (2)     shall ensure at least one of the residential   zoning classifications or districts described by Subdivision (1)   has been adopted and applies to an area of land within the   municipality's boundaries; and                 (3)     if the municipality has a comprehensive zoning   classification map, shall indicate on the map the areas within the   municipality's boundaries that comply with Subdivision (2).           (h)  Subsection (g) does not:                 (1)     limit the authority of a municipality to adopt or   enforce an ordinance, rule, or other measure to protect historic   landmarks or include properties within the boundaries of a local   historic district;                 (2)     affect deed restrictions established before   January 2, 2025; or                 (3)  apply to a municipality:                       (A)     in which all areas zoned for residential use   have deed restrictions on September 1, 2025, prohibiting the   placement of manufactured homes; or                       (B)     that does not have any areas or districts   zoned for business or industrial use.          SECTION 2.  This Act takes effect September 1, 2026.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 785 passed the Senate on   April 10, 2025, by the following vote: Yeas 28, Nays 2; and that   the Senate concurred in House amendment on May 30, 2025, by the   following vote: Yeas 30, Nays 1.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 785 passed the House, with   amendment, on May 27, 2025, by the following vote: Yeas 96,   Nays 41, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor