HBA-EDN H.B. 3439 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3439
By: Gallego
Land & Resource Management
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

Although manufactured homes constructed consistent with the federal
HUD-code have constituted approximately 1/3 of the total new home market in
this state for the past several years, most cities continue to either
completely prohibit the installation of such homes within their corporate
limits or require the homeowner to obtain a zoning variance or special use
permit, which are usually granted for a period of a year or less.
Consequently, a homeowner must reapply for a variance or permit and
relocate the home if the variance or permit is denied.  House Bill 3439
requires cities to consider new HUD-code manufactured homes that meet
certain criteria as any other residential dwelling for zoning purposes and
allows these homes to be installed in residential areas within cities where
they are not prohibited by a valid deed restriction. 

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. 

ANALYSIS

House Bill 3439 amends the Texas Manufactured Housing Standards Act to
provide that a new HUDcode manufactured home (home) is a single family
dwelling.  The bill requires that a home be permitted for use and occupancy
in residential areas if: 

_the home consists of two or more sections;

_the value of the home, when combined with the appraised value of the lot
upon which the home would be located and costs associated with installing
the home and complying with applicable municipal requirements, is equal to
or more than the median taxable value of all single family dwelling homes
within 200 feet of the lot upon which the home is proposed to be located; 

_the exterior siding, roofing, foundation fascia, and fenestration of the
home is compatible with all single family dwellings within 200 feet of the
lot upon which the home is proposed to be located; 

_the home complies with site requirements applicable to single-family
dwellings, except that such standards and the process for applying them
shall be no more restrictive for a home than for a single family dwelling
constructed on site; 

_the home will be securely affixed to a permanent foundation, classified as
real property, and eligible for 30-year mortgage financing by Fannie Mae or
Freddie Mac or eligible for mortgage insurance under the Federal Housing
Administration; 

_all local permits and licenses that are applicable to other single family
dwellings are  obtained; and 

_the plans and specifications for the permanent foundation and other
on-site construction are approved by the municipal building official or
bear the seal of a registered professional engineer. 

H.B. 3439 requires that a home bear the required certification that:

_it was constructed to the specifications and standards of the U.S.
Department of Housing and Urban Development; 

_the home shall have been manufactured after January 1, 2002;

_the home shall not have been altered or modified from its original design
and specifications; and  

_the home shall not have previously been used or occupied as a commercial
or residential structure. 

The bill requires these provisions not to be construed as affecting in any
manner any valid deed restriction and sets forth that these provisions do
not apply to manufactured homes being sited in manufactured home rental
communities.  

EFFECTIVE DATE

January 1, 2002.