HBA-EVB, NLM C.S.H.B. 3015 76(R)BILL ANALYSIS
Office of House Bill AnalysisC.S.H.B. 3015
By: McClendon
Land & Resource Management
4/26/1999
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Current law provides that an owner of a tract of land located outside the
limits of a municipality who divides the tract to lay out a subdivision
must have a plat of the subdivision prepared. However, manufactured home
rental communities are exempted from the platting requirement. As a result
of this exemption, a county may be unable to determine potential population
growth or relocation and therefore unable to plan for anticipated health
and safety services. Also, delivery of services to such communities lacking
infrastructure, such as roadways, drainage systems, and water and sewage
systems, is difficult. C.S.H.B. 3015 amends current law to authorize the
commissioners court of a county to adopt minimum infrastructure standards
that are no more stringent than the requirements for subdivisions. The
bill also sets forth conditions and a time frame for approval of a
development plan.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 232.007, Local Government Code, by amending
Subsection (a) and adding Subsections (c)-(g), as follows:
(a) Defines "business day."
(c) Authorizes the commissioners court of a county, after a public hearing
and proper notice, to establish minimum infrastructure standards for
certain manufactured home rental communities (communities). Sets forth
minimum standards.
(d) Prohibits the commissioners court from adopting minimum infrastructure
standards that are more stringent than requirements for subdivisions.
Authorizes infrastructure standards to be adopted only for ingress and
egress access by fire and emergency vehicles that are reasonably necessary.
(e) Requires the owner of land located outside the limits of a municipality
who intends to use the land for a manufactured home rental community to
have a prepared infrastructure development plan that complies with adopted
standards.
(f) Sets forth conditions and a time frame by which a development plan is
evaluated and approved or rejected.
(g) Prohibits construction of a proposed community from beginning before
approval of the development plan. Authorizes the commissioners court to
require inspection of the infrastructure during or on completion of its
construction. Sets forth conditions of final inspection. Requires the
commissioners court to issue a certificate of compliance, if an inspector
determines that the infrastructure complies with the plan. Sets forth
requirements for issuance of a certificate of compliance.
(h) Prohibits a utility from providing utility services to a community
subject to an infrastructure development plan or to a manufactured home in
the community unless the owner provides the utility with a copy of the
certificate of compliance. Sets forth entities to which this subsection
applies. Makes a conforming change.
SECTION 2. Makes application of this Act prospective.
Effective date: 90 days after adjournment.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 3015 modifies the original by removing SECTION 1 which would have
repealed Section 232.007 (Manufactured Home Rental Communities), Local
Government Code.
C.S.H.B. 3015 modifies the original by adding a new SECTION 1 to amend
Section 232.007(a), and to add new Subsections (c)-(h), as follows:
(a) Defines "business day."
(c) Authorizes the commissioners court of a county, after a public hearing
and proper notice, to establish minimum infrastructure standards for
certain manufactured home rental communities (communities). Sets forth
minimum standards.
(d) Prohibits the commissioners court from adopting minimum infrastructure
standards that are more stringent than requirements for subdivisions.
Authorizes infrastructure standards to be adopted only for ingress and
egress access by fire and emergency vehicles that are reasonably necessary.
(e) Requires the owner of land located outside the limits of a municipality
who intends to use the land for a manufactured home rental community to
have a prepared infrastructure development plan that complies with adopted
standards.
(f) Sets forth conditions and a time frame by which a development plan is
evaluated and approved or rejected.
(g) Prohibits construction of a proposed community from beginning before
approval of the development plan. Authorizes the commissioners court to
require inspection of the infrastructure during or on completion of its
construction. Sets forth conditions of final inspection. Requires the
commissioners court to issue a certificate of compliance, if an inspector
determines that the infrastructure complies with the plan. Sets forth
requirements for issuance of a certificate of compliance.
(h) Prohibits a utility from providing utility services to a community
subject to an infrastructure development plan or to a manufactured home in
the community unless the owner provides the utility with a copy of the
certificate of compliance. Sets forth entities to which this subsection
applies. Makes a conforming change.
C.S.H.B. 3015 removes SECTION 2 relating to the definition of a
manufactured home rental community as that term was defined by the Section
232.007, as it existed before the proposed repeal of that section.
C.S.H.B. 3015 removes SECTION 3 (emergency clause) of the original.