HBA-CBW H.B. 3130 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3130
By: King, Phil
Land & Resource Management
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

The need for low cost, accessible housing is recognized throughout the
state and has lead to a large increase in the number of manufactured home
rental communities in unincorporated areas of a number of counties. Under
current law, these manufactured rental home communities are not considered
subdivisions and therefore are not required to meet the same regulatory
requirements that subdivisions in unincorporated areas of counties must
follow.  The commissioners court of a county is not authorized to control
the platting or ensure adequate and safe groundwater standards in
manufactured  housing rental communities.  House Bill 3130 authorizes the
commissioners court of a county, on voter approval, to regulate
manufactured home rental communities in unincorporated areas of the county
in the same manner as they regulate other subdivisions. 

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 3130 amends the Local Government Code to authorize the
commissioners court of a county to order and hold an election in the county
on the question of granting the commissioners court the authority to
regulate manufactured home rental communities in the unincorporated areas
of the county in the same manner as the commissioners court is authorized
to regulate other subdivisions.   

The bill sets forth provisions regarding the preparation of the election
ballot and provides ballot language. If the majority of the votes received
approve the measure, the bill authorizes the commissioners court to
regulate manufactured home rental communities in the same manner as the
commissioners court regulates other subdivisions. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.