From the 89th – 2nd Special Session; Bills of Interest to MH Industry

Now that the politically charged redistricting bills have passed or are near passage, this second-called special session can move into the other items listed on Gov. Abbott’s “call.”

During the first special session things were quiet on anything impacting our industry from a policy perspective. In fact, everything was on hold with enough House Democrats leaving the state to break the necessary numbers for a quorum. As a result, nothing passed.

But that has changed, and the Democrats are back in Austin for this current special session.

There have been 336 House and Senate bills filed during this 2nd special session. Recall, that special sessions are, well, special. Only bills that fit within the governor designated list are actually eligible to pass, but that doesn’t stop folks from filing bills anyway.

We have narrowed down to just the following, so far, bills we are working on or watching this late-summer second-special session (Note: the bills below have House versions or similar House versions, but currently it appears the Senate versions have moved faster, are farther along, and thus are more likely to pass, so we focus on those bills):

SB 1 - Relating to campground and youth camp safety

Summary – this is the comprehensive bill to address the needs and concerns related to youth campgrounds following the devastating July 4th floods. The bill covers many areas including new licensing and registration for campground operators, mandatory safety and emergency precautions, limitations of where “cabins” can be placed, etc.

Status – Passed out of the Senate and referred to committee in the House

MH Industry Interest – The bill does NOT currently impact manufactured home communities, which are already regulated under other existing and specific state laws. However, the bill would add new definitions for “cabin,” “campground,” and “campground operator.” Our concern is to ensure these new definitions are clear and do not intentionally or unintentionally include a manufactured home as a “cabin,” or an MH community owner or operator as a “campground.”

The current version does not impact our industry.

NOTE: If you have any interest in RV parks the new provisions under the Health and Safety Code do define a “campground” to include an RV park.

“(2) "Campground" means, regardless of profit: (B) a recreational vehicle park, as defined by Section 13.087, Water Code.”

If passed, the new law will require all RV parks to have certain floodplain safety requirements, such as ladders to roofs of cabins, an evacuation plan, and submission of plans to cities and counties.

The bill has new broad fire protection standards for RV parks that would be preemptive on governmental entities and provide a statewide construction standard for RV parks to the, “National Fire Protection Association 1194, Standard for Recreational Vehicle Parks and Campgrounds, 2021 Edition, other than Sections 1.1.1 and 5.1.1.1.”

This preemptive language is very similar to the language the RV Campground Association has lobbied for over multiple sessions, including this most recent regular session in H.B. 2701, but has not yet passed.

SB 5 - relating to making supplemental appropriations for disaster relief and preparedness and giving direction and adjustment authority regarding those appropriations.

Summary – This bill authorizes the use of money from the state’s “rainy day fund” for flood disaster recovery in the following amounts and ways:

$240M - match federal money received related to disaster response, relief, and recovery; and for the disaster needs of the state

$50M - making grants to assist counties, municipalities, or other local governments operating within Bandera, Bexar, Burnet, Caldwell, Coke, Comal, Concho, Edwards, Gillespie, Guadalupe, Hamilton, Kendall, Kerr, Kimble, Kinney, Lampasas, Llano, Mason, Maverick, McCulloch, Menard, Real, Reeves, San Saba, Schleicher, Sutton, Tom Green, Travis, Uvalde, or Williamson County

$28M - providing disaster preparedness grants to improve meteorological forecasting, enhance weather intelligence

$50M – for emergency radio infrastructure

Status – Already passed both the House and Senate but is going to a conference committee to iron out the differences in the versions passed by the two chambers.

MH Industry Interest – We follow all disaster recovery funding bills. Any of the allocations that can be used for temporary or permanent replacement or recovery housing we are involved in.

SB 14 - Relating to the provision by a political subdivision of credits against impact fees to builders and developers for certain water conservation and reuse projects.

Summary – The bill would require political subdivisions to provide a credit against water and wastewater impact fees otherwise assessed to a builder or developer for the construction, contribution, or dedication of an eligible facility, system, or product that results in water reuse, conservation, or savings.

Eligible systems that would result in impact fee reductions are measures that: “reduces per service unit water consumption, supply requirements, or necessary treatment and distribution infrastructure per service unit; decreases the need of wastewater collection and treatment facilities per service unit; diminishes the demand for stormwater and drainage facilities per service unit; or integrates practices or technologies that achieve water efficiency, reuse, or conservation performance that exceeds standard compliance requirements.”

Status – Passed the Senate, passed out of House committee and placed on the full House Calendar starting August 26th.

MH Industry Interest – New MH developments would be eligible for impact fee offsets for water conservation systems just as site-builders would be. This could have a positive impact or, at least, be a consideration that future MH developers would need to know.

SB 16 - Relating to real property theft and real property fraud; establishing recording requirements for certain documents concerning real property; creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations, restitution, and certain procedures with respect to those offenses.

Summary – Promoted and advocated for by the AARP, deed fraud accounted for more than 1,500 scams on persons older than 60 years old totaling a loss of $65M in 2023. While these crimes can technically be prosecuted under existing statutes, those statutes are not designed to prosecute these crimes most efficiently due to the complex nature of the crimes and the complex nature of any restitution. This bill creates the offenses of real property theft and real property fraud and by providing restitution for real property theft.

Status – Passed the Senate, passed out of House committee, set for the full House floor for August 26.

MH Industry Interest – We closely monitor all legislation potentially impacting the deed perfection process as these bills could impact our sales and lenders. This bill is narrowly focused on criminal prosecution and criminal remedies of deed fraud and deed scams.