89R15013 SCR-D
	By: Cook	S.B. No. 2762

	A BILL TO BE ENTITLED
	AN ACT
	relating to the sale of a manufactured home community.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 94, Property Code, is amended by adding
	Subchapter E-1 to read as follows:
	SUBCHAPTER E-1.  SALE OF MANUFACTURED HOME COMMUNITY
	Sec. 94.221.  DEFINITIONS. In this subchapter:
	(1)  "Refusal period" means the period of time
	described by Section 94.224(2).
	(2)  "Tenants' association" means an association formed
	under Section 94.225.
	Sec. 94.222.  RIGHT OF FIRST REFUSAL REQUIRED. (a)  A
	landlord may not enter into a contract for the sale of a
	manufactured home community without providing the tenants of the
	community a right of first refusal under this subchapter.
	(b)  This subchapter does not apply to:
	(1)  a gift or sale of a manufactured home community to
	a family member of the landlord;
	(2)  a transfer of a manufactured home community to a
	trust established for the benefit of members of the landlord's
	family; or
	(3)  a sale resulting from a condemnation proceeding.
	Sec. 94.223.  NOTICE TO RESIDENTS; FORM.  (a)  Not later than
	the 14th day after a landlord receives an offer for the purchase of
	a manufactured home community that the landlord conditionally
	accepts or plans to accept, the landlord shall provide notice by
	certified mail to each tenant, or to the owner of the manufactured
	home if the owner is not the tenant, that the landlord has received
	an offer for the purchase of the manufactured home community.
	(b)  Not later than the 90th day after giving notice under
	Subsection (a), the landlord shall post in a common area in the
	manufactured home community a form that includes:
	(1)  information relating to the tenants' right of
	first refusal under this subchapter;
	(2)  the purchase price of the manufactured home
	community in the offer described by Subsection (a);
	(3)  information regarding financing options for
	purchasing the manufactured home community;
	(4)  information regarding the ability of a tenants'
	association to assign the tenants' right to purchase a manufactured
	home community under Section 94.225(b); and
	(5)  a space for a tenant to indicate whether the tenant
	intends to exercise the right of first refusal or declines to
	exercise the right.
	Sec. 94.224.  EXPIRATION OF RIGHT OF FIRST REFUSAL. A right
	of first refusal provided under this subchapter expires:
	(1)  on the 90th day after the date notice is given
	under Section 94.223 if 50 percent or more of the tenants of the
	manufactured home community have indicated on the form described by
	Section 94.223(b) that they decline to exercise the right; or
	(2)  on the 121st day after notice is given under
	Section 94.223 if a purchase offer is not made to the landlord under
	Section 94.226 before that day.
	Sec. 94.225.  TENANTS' ASSOCIATION; ASSIGNMENT.  (a)  A
	group of tenants may form an association to exercise a right of
	first refusal under this subchapter if more than 50 percent of the
	tenants of the manufactured home community indicate on the form
	described by Section 94.223(b) that they wish to exercise a right of
	first refusal under this subchapter.
	(b)  An association formed under Subsection (a) may assign
	its right to purchase a manufactured home community to:
	(1)  a municipality;
	(2)  a county;
	(3)  a state governmental entity;
	(4)  a housing authority;
	(5)  a nonprofit organization; or
	(6)  a tribal governmental entity.
	Sec. 94.226.  OFFER FROM TENANTS' ASSOCIATION.  (a)  Not
	later than the 120th day after a landlord gives notice under Section
	94.223, a tenants' association or a tenants' association's assignee
	may deliver to the landlord a written offer to purchase the
	manufactured home community on the same terms as the offer
	described by Section 94.223(a).
	(b)  Not later than the seventh day after receiving the offer
	described by Subsection (a), a landlord shall provide a written
	response:
	(1)  accepting the offer; or
	(2)  rejecting the offer and providing reasons for the
	rejection.
	(c)  A landlord shall negotiate in good faith with a tenants'
	association or a tenants' association's assignee for the purchase
	of the manufactured home community.
	Sec. 94.227.  FINANCING. Except as provided by Section
	94.228, a tenants' association or a tenants' association's assignee
	must obtain any financing necessary for the purchase of the
	manufactured home community not later than the 90th day after
	making an offer under Section 94.226.
	Sec. 94.228.  EXTENSION OF REFUSAL PERIOD. The refusal
	period may be extended:
	(1)  on written agreement between a tenants'
	association or a tenants' association's assignee and the landlord;
	(2)  for a reasonable delay in obtaining financing
	under Section 94.227;
	(3)  during a period when a potential assignee
	considers an assignment from the tenants' association; or
	(4)  if a tenants' association files a complaint with
	the Texas Department of Housing and Community Affairs that the
	landlord has acted in bad faith.
	SECTION 2.  The changes in law made by this Act apply only to
	a sale of a manufactured home community under an executory contract
	entered into on or after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2025.