Tex. Occ. Code Section 1201.008
Regulation by Municipality


(a)

A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality. The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality.

(b)

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.

(c)

Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction.

(d)

Except as approved by the department, 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.

(e)

Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home.

(f)

An owner’s ability to replace the home as a result of a fire or natural disaster cannot be restricted. Other than in the case of a fire or natural disaster, a general-rule or home-rule municipality by an ordinance or charter may limit the ability of the owner to replace his home to a single replacement.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 2, eff. January 1, 2008.

Source: Section 1201.008 — Regulation by Municipality, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1201.­htm#1201.­008 (accessed Mar. 23, 2024).

1201.001
Short Title
1201.002
Legislative Findings and Purposes
1201.003
Definitions
1201.004
Definitions Binding
1201.005
Consumer Waiver Void
1201.007
Exception for Real Estate Brokers and Salespersons
1201.008
Regulation by Municipality
1201.009
Electronic Means Authorized
1201.010
Electronic Public Records Required
1201.051
Administration and Enforcement of Chapter
1201.052
General Rulemaking Authority
1201.053
Rules Relating to Compliance with National Standards for Manufactured Housing Construction and Safety
1201.054
Procedure for Adopting Rules
1201.055
Inspection, Review, and Related Fees
1201.056
License Fees
1201.057
Instruction Fee
1201.058
Amount of Fees
1201.060
Venue for Hearing
1201.061
Cooperation with Local Governmental Units
1201.062
Seal Property of Department
1201.101
License Required
1201.102
Exceptions to License Requirement
1201.103
License Application
1201.104
Qualifications for License
1201.105
Security Required
1201.106
Security: Amount
1201.107
Security: Location
1201.108
Security: Change in Ownership or Location
1201.109
Security: Cancellation or Other Impairment
1201.110
Security: Duration
1201.111
Exceptions to Security and Instruction Requirements
1201.113
Continuing Education Programs
1201.114
License Expiration
1201.115
Notice of License Expiration
1201.116
Procedure for License Renewal
1201.117
Renewal of Expired License by Out-of-state Practitioner
1201.118
Rules Relating to Certain Persons
1201.151
Refunds
1201.152
Voidable Contract
1201.153
Formaldehyde Health Notice
1201.154
Sufficiency of Formaldehyde Health Notice
1201.155
Disclaimer of Implied Warranty
1201.156
Advertisement as Offer
1201.157
Retailer as Warehouse
1201.158
Salesperson
1201.159
Broker
1201.161
Transportation of Manufactured Housing
1201.162
Disclosure by Retailer and Lender
1201.164
Advance Copy of Sales Purchase Contract and Disclosure Statements
1201.201
Definitions
1201.202
Application of Chapter to Certain Certificates of Title or Liens
1201.203
Forms
1201.204
Manufacturer’s Certificate
1201.205
Statement of Ownership Form
1201.206
Application for Issuance of Statement of Ownership
1201.207
Issuance of Statement of Ownership
1201.208
Payment of Taxes Required for Issuance of Statement of Ownership
1201.209
Grounds for Refusal to Issue or for Suspension or Revocation of Statement of Ownership
1201.210
Procedure for Refusal to Issue or Suspension or Revocation of Statement of Ownership
1201.212
Transfer of Ownership by Operation of Law
1201.213
Eligibility to Sign Right of Survivorship Agreement
1201.214
Document of Title
1201.216
Change in Use
1201.217
Manufactured Home Abandoned
1201.219
Perfection, Effect, and Release of Liens
1201.220
Report to Chief Appraiser
1201.221
Information on Ownership and Tax Lien
1201.222
Certain Manufactured Homes Considered Real Property
1201.251
Standards and Requirements Adopted by Board
1201.252
Power of Local Governmental Unit to Adopt Different Standard
1201.253
Hearing on Standard or Requirement
1201.254
Effective Date of Requirement or Standard
1201.255
Installation of Manufactured Housing
1201.256
Wind Zone Regulations
1201.301
State Inspectors
1201.302
Inspection by Local Governmental Units
1201.303
Inspections
1201.304
Inspection Search Warrants
1201.305
Program Monitoring
1201.351
Manufacturer’s Warranty
1201.352
Retailer’s Warranty on a New Hud-code Manufactured Home
1201.353
Notice of Need for Warranty Service
1201.354
Corrective Action Required
1201.355
Consumer Complaint Home Inspection
1201.356
Report and Order
1201.357
Failure to Provide Warranty Service
1201.358
Failure to Show Good Cause
1201.359
Application of Warranties if Hud-code Manufactured Home Moved
1201.360
Warranty for Hud-code Manufactured Home Permanently Attached to Real Property
1201.361
Installer’s Warranty
1201.362
Inspections Not Limited
1201.401
Manufactured Homeowner Consumer Claims Program
1201.404
Consumer Compensation
1201.405
Limitations on Claims
1201.406
Procedure for Recovery Under Manufactured Homeowner Consumer Claims Program
1201.407
Disagreement of Parties
1201.409
Payment by Surety or from Other Security
1201.410
Information on Recovery Under Manufactured Homeowner Consumer Claims Program
1201.451
Transfer of Good and Marketable Title Required
1201.452
Seal or Label Required
1201.453
Habitability
1201.454
Habitability: Prohibited Alteration or Replacement
1201.455
Written Disclosure and Warranty of Habitability Required
1201.456
Habitability: Exception to Warranty Requirement
1201.457
Habitability: Change to or from Nonresidential Use or Salvage
1201.458
Habitability: Exception for Certain Governmental or Nonprofit Entities
1201.459
Compliance Not Required for Sale for Collection of Delinquent Taxes
1201.460
Compliance Not Required for Lienholder
1201.461
Salvaged Manufactured Home
1201.501
Prohibited Construction by Manufacturer
1201.502
Prohibited Shipping by Manufacturer
1201.503
Prohibited Alteration
1201.504
Prohibited Sale or Exchange
1201.505
Prohibited Purchase
1201.506
Credit
1201.507
False or Misleading Information
1201.508
Down Payment
1201.509
Prohibited Retention of Deposit
1201.510
Prohibited Installation of Air Conditioning Equipment
1201.511
Prohibited Real Estate Transaction
1201.512
Prohibited Delivery or Installation of Manufactured Home
1201.513
Disposition of Trade-ins and Occupancy of Homes Before Closing
1201.551
Denial of License
1201.552
License Revocation, Suspension, or Denial
1201.553
Judicial Review
1201.554
Probation
1201.601
Action Against Retailer or Manufacturer: Holder of Debt Instrument
1201.602
Action Against Manufacturer, Installer, or Retailer: Abatement or Bar
1201.603
Deceptive Trade Practices
1201.604
Consumer Recovery for Prohibited Retention of Deposit
1201.605
Administrative Penalty
1201.606
Criminal Penalty
1201.607
Issuance of Orders and Requests for Hearings
1201.608
Inspection of Licensee Records
1201.609
Acting Without License
1201.610
Cease and Desist
1201.611
Sanctions and Penalties
1201.1025
Exemption from Retailer’s License Requirement
1201.1031
Criminal History Record Information Requirement for License
1201.1505
Deposit on Specially Ordered Manufactured Homes
1201.1511
Real Property Appraisal and Title Work Expenses
1201.1521
Rescission of Contract for Sale or Exchange of Home
1201.2055
Election by Owner
1201.2071
Exemption for Certain Emergency Housing
1201.2075
Conversion from Personal Property to Real Property
1201.2076
Conversion from Real Property to Personal Property
1201.6041
Direct Consumer Compensation

Accessed:
Mar. 23, 2024

§ 1201.008’s source at texas​.gov