News

A Door is Opening for Manufactured Housing Across Texas

Tue, 10 Feb 2026 21:36:28 GMT

The Texas Legislature has passed the most significant expansion of manufactured housing rights in decades. Senate Bill 785, which TMHA supported and takes effect September 1, 2026, will require most Texas cities with zoning regulations to permit new HUD-code manufactured homes as a by-right use in at least one residential zoning district. An estimated one third of Texas' 1,200+ cities need to update their zoning codes to comply with the new law.

As cities learn about the new legal mandate, some will begin to review and write new ordinances to change their zoning maps to comply with the law.

Others might not become aware until the language of SB 785 is presented to them.

Passage of SB 785 was a major state-level legislative victory and finally fulfilled the key legislative priority that TMHA has advocated for decades. But the state-level law was just the start, the outcome depends on how cities choose to implement the law. That's where manufactured housing needs your help.

SB 785 Resource Center

Get the quick summary, key dates, FAQ, official bill text, and third-party coverage all in one place.

Visit the Resource Center

What You Can Do

Manufactured housing professionals have a unique opportunity before September 2026 to advocate for the allowance of new manufactured homes in the areas of a city that make sense, and where they were previously banned. But it will be on you, within your local communities, to seek out, engage, and advocate for more manufactured housing.

Between now and September 2026, we're asking TMHA members to:

Know your cities. Identify which municipalities in your market do not currently have a by-right zoning district on their map.
Check for exemptions. Does the city lack any industrial or commercial zoning? Or are all residential lots in the city subject to pre-existing deed restrictions against MH? These carve-outs are narrow, but you should verify if they apply.
Reach out to staff. Introduce yourself as a trusted resource to planning staff and council members for all things manufactured housing and offer to work with them on SB 785 compliance.
Bring the map. Get a copy of the city's zoning map and flag candidate districts that make sense to be zoned by-right under the new law.
Host an open house. Invite staff and council to tour a new HUD-code home on your lot or community. SB 785's success was significantly helped by getting policymakers inside new manufactured homes.
Speak up at council and planning meetings. Short talking points at a hearing can influence a vote, but if they hear nothing from you, they will likely do the minimum to meet the requirement.
Find friends. Employers, realtors, bankers, developers, and community leaders all understand the need for new attainable housing units. Ask them to join you in requesting this wider expansion of property owner rights.
Report back to TMHA. Let us know what you're hearing in your markets, and we'll help support you. We'll collect and distribute what is and what is not working to move the ball.

Be Reasonable

You know your local market better than anyone. This is your opportunity to start a constructive conversation about where specific models of our homes fit within the city where you live, work, and stand shoulder-to-shoulder with your neighbors. City officials will not respond well to being told the state is forcing them to do this, and they have no choice.

They do have a choice, and that is to decide exactly where they deem manufactured housing to be appropriate. It is our job as an industry to show them the quality of the homes we can provide at prices that make them attainable for the police officers, teachers, nurses, firefighters, and city employees that need homes in those cities. And unlike in the past, the decision about where a city deems manufactured housing appropriate can no longer be - nowhere. It must have a place on the zoning map designating a real area of land.

We Won't Always Win

Traditionally our industry has had to react to increased restrictions on where manufactured homes can be placed within cities, and while TMHA members have done a tremendous job of organizing and engaging in the process to fight those restrictions in places like Huntsville, Odessa, and Bryan, the votes haven't always gone our way.

Those negative perceptions against manufactured homes haven't magically disappeared, and you will run into cities who push for creative compliance. If a city puts forth a proposed map that includes no suitable lots for the placement of new manufactured homes you should provide public comment to staff, council, and the city attorney that they are violating the legislative intent of SB 785. If they move forward and adopt a map that does not allow for the placement of any new manufactured homes, TMHA needs to know this.

With your help we can identify and collect a list of cities that are doing it right and those that are doing it wrong.

It's a Long Game

An additional opportunity that SB 785 provides for manufactured housing professionals is that any city that did not previously have a by-right zoning district on the map will have to enact one to comply with the law. Once the new zoning district exists, every property owner gains the right to request that designation for their land.

TMHA encourages retailers to advertise this right in their markets and to consider utilizing it on properties they might own. Previously, a protest petition could push a required super majority vote to pass a zoning change, HB 24, which TMHA also supported and which passed in 2025, removed that requirement when the proposed zoning change increases housing and a simple majority vote from council is all that is needed regardless of adjacent property protest.

Another option available to retailers and developers even before September 2026 is to exercise the current Sec.1201.008(e), Occupations Code, replacement right of any owner of a property with an existing manufactured or mobile home on it within a city. These redevelopment instances could highlight exactly what a manufactured home zoning expansion could help unlock.

Stay Positive

We must not squander this opportunity by being antagonistic or by placing homes that are not a good fit. We must be thoughtful, honest, and reasonable.

We need success stories where all parties agree that the right homes have been put in the right locations, and as these projects become reality across Texas, acceptance of our homes will spread.

We have pride in what we build; our buyers have pride in the homes they choose to live in; it's time we share this pride and bring more housing to Texans.

Texas Manufactured Housing Market Report July 2025 - Sales Data & Analysis

Tue, 10 Feb 2026 15:19:57 GMT

September

Early Look

New manufactured home sales in September titled to date are down a seasonally-adjusted -8.3% from the previous month. Note that the preceding two months of July and August were the first impacted by the change in Statement of Ownership (SO) cadence as retailers aligned to the Manufactured Housing Division of Texas Department of Housing and Community Affairs clarification and subsequent rule adoption on what date to use to signify the complete transfer of ownership of the home to the consumer. This change in cadence will impact monthly comparisons for some time until a new normal is established and will add additional noise to the comparisons to past months.

The year-over-year comparisons will be particularly impacted as we see again for September which is currently tracking +37.3% over September of 2024.

New Sales	Singles	Multis	Total
Total for September:	470	690	1,160
Change from August (Raw %):	2.2%	-19.4%	-11.9%
Change from August (Raw Units):	10	-166	-156
Change from August (SA %):	1.4%	-15%	-8.3%
Change from September of 2024 (%):	29.5%	43.2%	37.3%
Change from September of 2024 (Units):	107	208	315

Used Sales	Singles	Multis	Total
Total for September:	117	70	187
Change from August (Raw %):	-15.8%	-7.9%	-13%
Change from August (Raw Units):	-22	-6	-28
Change from August (SA %):	5.7%	-0.2%	4.3%
Change from September of 2024 (%):	18.2%	16.7%	17.6%
Change from September of 2024 (Units):	18	10	28

August

Titled On Time

New home sales for August titled to date are up a seasonally adjusted +4.2% from the previous month and are up +13.2% on the raw total from August of 2024.

There was a large increase in the number of homes sold into Liberty County which led the state in new manufactured home sales for August.

New Sales	Singles	Multis	Total
Total for August:	487	896	1,383
Change from July (Raw %):	-3.6%	22.1%	11.6%
Change from July (Raw Units):	-18	162	144
Change from July (SA %):	-5.6%	20%	4.2%
Change from August of 2024 (%):	-15%	38.1%	13.2%
Change from August of 2024 (Units):	-86	247	161

New Home Characteristics for August	Singles	Multis	Total
Median Age of Home (Days):	103	47	63
Median Square Footage:	1,080	1,685	1,475

Top 10 Counties for New Installs	Total	Change (MoM%)
Liberty	66	65%
Montgomery	48	9.1%
Harris	39	-15.2%
Bastrop	37	12.1%
Bexar	35	25%
Midland	29	-12.1%
Tarrant	29	31.8%
Ector	28	-12.5%
Hidalgo	24	20%
Henderson	21	31.2%

Used Sales	Singles	Multis	Total
Total for August:	152	83	235
Change from July (Raw %):	7%	3.8%	5.9%
Change from July (Raw Units):	10	3	13
Change from July (SA %):	-3.3%	-1.7%	-2.8%
Change from August of 2024 (%):	-0.7%	18.6%	5.4%
Change from August of 2024 (Units):	-1	13	12

Annual Totals

New home sales for 2025 are now up +7.3% for all retail sales titled through this point in the calendar. Multi-section sales are currently up +13.2% while single-section sale are down -0.3%.

The increased speed in title work submission is likely pushing year-over-year sales up some, but the effects should not be as strong as we’re seeing in the individual month figures as sales that otherwise would have been dated earlier in the year when sales agreements were signed are now coming in with a later sales date of when the transfer of ownership actually occurred.

Install counties with the most additional new home placements over 2024 are Bastrop, Dallas, Caldwell, Tarrant, and McLennan.

Install counties with the biggest decline in new home placements from 2024 are Harris, Fannin, Travis, Brazos, and Carson.

Mailing address cities with the most new home placements over 2024 are Dale, San Antonio, New Braunfels, Burleson, and Crowley.

Mailing address cities with the largest decline in new home placements from 2024 are Houston, Del Valle, Fritch, Kyle, and Huffman.

New Sales	Singles	Multis	Total
Total for 2025 titled to date:	5,005	7,212	12,217
Change from 2024 (%):	-0.3%	13.2%	7.3%
Change from 2024 (Units):	-16	842	826

New Home Characteristics for 2025	Singles	Multis	Total
Median Age of Home (Days):	124	69	91
Median Square Footage:	1,080	1,680	1,475

Top 10 Counties for New Installs	Total	Change (YoY%)
Liberty	476	3.3%
Montgomery	434	-4.6%
Harris	432	-14.8%
Bexar	381	12.7%
Bastrop	340	60.4%
Ector	312	8.7%
Hidalgo	251	8.2%
Tarrant	251	26.8%
Midland	250	11.6%
Smith	231	26.2%

Used Sales	Singles	Multis	Total
Total for 2025 titled to date:	1,771	802	2,573
Change from 2024 (%):	21.3%	17.8%	20.2%
Change from 2024 (Units):	311	121	432

Charts

Revised Monthly Totals

Because titles continue to come in for past sales months, here are all prior months for the year and what their current sales totals are at this report release.

New Sales Month	Singles	Multis	Total	(YoY%)
January	477	586	1,063	6.1
February	483	682	1,165	-3.3
March	616	913	1,529	3.6
April	593	846	1,439	-6.6
May	570	771	1,341	-2.5
June	489	618	1,107	-12.5
July	521	755	1,276	10.4

Used Sales Month	Singles	Multis	Total	(YoY%)
January	172	74	246	26.2
February	146	80	226	-11.4
March	389	96	485	60.6
April	233	85	318	22.3
May	181	91	272	-1.8
June	160	85	245	27.6
July	154	84	238	8.7

Texas Manufactured Home Shipments Report August 2025 - Market Analysis & Data

Mon, 08 Dec 2025 22:32:58 GMT

October Shipments

Manufactured home shipments to Texas retailers continued to slow in October for the third straight month moving down a seasonally-adjusted -1.3% from the previous month and down -19.4% on the raw total from October of 2024.

The 1,440 total homes shipped for the month was 70 homes below the point forecast from last month which matched the reported production decline in the Texas Manufactured Housing Survey (TMHS).

Shipments	Singles	Multis	Total
Total for October:	537	903	1,440
Change from September (Raw %):	0%	7.1%	4.3%
Change from September (Raw Units):	0	60	60
Change from September (SA %):	-3.7%	-2%	-1.3%
Change from October of 2024 (%):	-28.9%	-12.5%	-19.4%
Change from October of 2024 (Units):	-218	-129	-347

Monthly Manufacturer Shipments

October Production

Texas manufactured housing plant production moved down a seasonally-adjusted -5.9% in October from the previous month in total number of homes produced and down -4.2% when looking at the minimum number of floors that were built.

The 1,861 homes produced was below last month’s point forecast and represented a -14.1% year-over-year decrease from October of 2024. The floor data was also down to 2024 by -13.1%.

The production calendar had the same total number of week days this year as it did last, so this is a definite downshift in output.

Texas Plant Production	Total	Shipped Out of TX	Min Floors
Total for October:	1,861	497	2,697
Change from September (Raw %):	2.9%	-5.7%	4.6%
Change from September (Raw Units):	52	-30	118
Change from September (SA %):	-5.9%	NA	-4.2%
Change from October of 2024 (%):	-14.1%	-2.5%	-13.1%
Change from October of 2024 (Units):	-306	-13	-405

Monthly Manufacturer Shipments

November Outlook

The forecasting models have November shipments at 1,225 (+/- 202) and Texas factory production at 1,478 (+/- 223) homes.

The Texas Manufactured Housing Survey (TMHS) signaled the fourth straight month of lowered run rates in November.

Take the under on both forecasts.

Texas Manufactured Home Survey Results

Year to Date

Shipments

The shipment total for the year has now moved -3.1% below 2024 as an expansion in multi-section units headed to Texas retailers hasn’t been as large as the contraction in single-section shipments across the state.

The forecast for annual Texas shipments in 2025 moved down to 17,389 (+/- 403), that amount would put the year -4% below 2024’s shipment total.

Shipments	Singles	Multis	Total
Total for 2025 YTD:	5,938	8,921	14,859
Change from 2024 (%):	-12.5%	4.4%	-3.1%
Change from 2024 (Units):	-848	379	-469

Production

Texas plant total home production moved down -2.1% on the year and the minimum floors built year-over-year flipped negative coming in -0.5% below 2024.

The forecast for annual Texas plant production moved down to 22,151 (+/- 478), predicting a -2.8% decline from the 2024 production total.

Texas Plant Production	Total	Shipped Out of TX	Min Floors
Total for 2025 YTD:	18,933	5,107	27,080
Change from 2024 (%):	-2.1%	2.3%	-0.5%
Change from 2024 (Units):	-416	114	-134

Annual Manufacturer Shipments

Annual Totals

Manufactured Home Builders Stock Index (MHBI) September 2025 - Performance Analysis

Mon, 06 Oct 2025 14:24:42 GMT

The Manufactured Home Builders Index (MHBI) moved up IN September for the second month in a row. The MHBI closed +4.8% over the previous month and outperformed both the broader ITB residential construction index that was down -3% and the S&P 500 that moved up +3.6%.

On the year the MHBI moved into positive territory up +4.8% over 2024 while the ITB is up +5.3%, and the S&P 500 is up +14.7% over last years close.

Manufactured Home Builders Stock Index (MHBI)

The Manufactured Home Builders Stock Index (MHBI) is a capitalization-weighted index developed by TMHA that includes publicly traded companies whose primary line of business is the construction and sale of manufactured housing.

iShares U.S. Home Construction ETF (ITB)

The iShares U.S. Home Construction ETF (ITB) is included for comparison sake to show how the Manufactured Home Builders Stock Index is doing relative to a broad index of the overall residential construction sector. The ITB index includes some of the same manufactured home companies as the MHBI, but the weights within each are very different.

SPDR S&P 500 ETF Trust (SPY)

The SPDR S&P 500 ETF Trust (SPY) is included as a market benchmark to see how manufactured home builders are doing in comparison to the broader US equity market.

New Anchoring Standards Coming for Alternative Foundation Systems Nov 3rd

Mon, 06 Oct 2025 13:25:49 GMT

Most in the industry have seen the emails and joint letters from the three major foundation design companies (Minute Man, Oliver Technologies, and Tie Down Engineering) announcing the implementation of vertical anchors in Wind Zone 1 for Alternative Foundation System installations.

The industry is currently transitioning to the new system, with full adoption of the new anchoring coming after the grace period ends on November 3rd.

After November 3rd, Texas installers who opt for the “Alternative Foundation System” (commonly called the “pan-system”) will be required to install the new vertical anchors in accordance with the installation instructions provided by the foundation design companies that are incorporated by reference by the manufacturers.

These changes only impact “pan-system” installation, meaning standard block and tie downs with traditional anchors per the factory installation instructions and in accordance with HUD installation guides have not changed. These changes also only directly impact new home installations. Used homes still have the option of factory installation guides or the State Generic Standards in Texas regulations.

For pan-systems, the foundation design companies have all decided with the new vertical anchors in WZ I homes to exceed the minimum standards as an industry-wide improved practice.

Over the next month there will be additional information and education provided by our suppliers, as well as an expert speaker during TMHA’s Convention. The major foundation systems companies and their suppliers will be at our convention as well, and we expect this to be discussed during the TMHA board meeting.

Texas Manufactured Home Prices 2025 - Average Sales Price Analysis & Trends

Mon, 08 Dec 2025 15:20:27 GMT

Manfactured Home Average Selling Prices - May 2025

Multi-section Homes

The average sales price for multi-section homes in the South Census Region for May moved up +2.2% from the previous month. The average price came in at $153,200 which was up +3.8% on May of 2024 nominally and up +1.4% after adjusting for inflation.*

Multi-Section Manufactured Home Average Sales Price (South Census - Nominal)

This chart is built off of the US Census Bureau’s Manufactured Housing Survey (MHS) Tables

Multi-Section Manufactured Home Average Sales Price (South Census - Real)

This chart is built off of the US Census Bureau’s Manufactured Housing Survey (MHS) Tables. Price values have been inflation adjusted to January 2022 dollars.

Single-section Homes

The average single-section price for May came in at $89,300 moving up +1.8% from the previous month and in the top half of the forecasted range for the second straight month. The average sales price moved up +4.9% from May of 2024 nominally and was up +2.5% after adjusting for inflation.*

While the nominal average selling price for single-section homes was higher than it was in 2022 and 2023, the inflation-adjusted price put it lower than both of those years.

Single-Section Manufactured Home Average Sales Price (South Census - Nominal)

This chart is built off of the US Census Bureau’s Manufactured Housing Survey (MHS) Tables

Single-Section Manufactured Home Average Sales Price (South Census - Real)

This chart is built off of the US Census Bureau’s Manufactured Housing Survey (MHS) Tables. Price values have been inflation adjusted to January 2022 dollars.

Average Retail Selling Prices with TMHA Forecasts

Using a regression model based on the most recent September Producer Price Index for manufactured housing data, the forecasted average multi-section sales price is estimated at $154,000 (+/- $8,800) for multi-sections and $84,900 (+/- $6,200) for single-section homes*.

Find out more from a retailer near you

The PPI is not a perfect predictor for the Census’ Manufactured Housing Survey average price results, but it does account for over 90% of the variability when used in a regression model as the explanatory variable.

Manufactured Home Producer Price Index August 2025 - Wholesale Pricing Trends

Mon, 08 Dec 2025 14:45:41 GMT

Manufactured Home (PPI)

The Producer Price Index (PPI) for manufactured housing for September was mostly unchanged, moving up +0.1% over the previous month with no revisions from the August release.

Wholesale prices nationally were up +1.1% above September of 2024, but remain below the 2022 peak in prices.

This chart is built from the U.S. Bureau of Labor Statistics Producer Price Index by Industry: Manufactured home, mobile home, manufacturing, not seasonally adjusted (PCU321991321991)

Inputs to Residential Construction Goods (PPI)

On the costs of materials to manufacturers the PPI for input goods to residential construction moved up slightly by +0.1% in September over the previous month, but was up +3.5% over 2024.

Materials prices for residential construction hit a new all-time high in September. We’ll see what happens for the remainder of 2025, as lumber futures have declined to their lowest prices on the year at present, but additional tarrifs were announced in October on Canadian imports.

This chart is built from the U.S. Bureau of Labor Statistics Producer Price Index by Commodity: Inputs to residential construction, goods, not seasonally adjusted (WPUIP2311001)

Prices Received for Finished Manufactured Homes (TMHS)

The regional Texas Manufactured Housing Survey (TMHS) results had prices received for finished homes moving higher in September as well, but it has since flipped to indicate that invoice pricing has stopped increasing over the next two months.

Average Retail Selling Prices with TMHA Forecasts (MHS)

Using the MH PPI in a regression model to predict average selling prices in the South Census region puts the average sales price in September at $154,000 (+/- $8,800) for multi-section homes and $84,900 (+/- $6,200) for single-section homes*.

*The PPI is not a perfect predictor for the Census’ Manufactured Housing Survey average price results, but it does account for over 90% of the variability when used in a regression model as the explanatory variable.

"Mobile Homes for Sale" Google Search Trends Texas August 2025 - Market Demand Analysis

Tue, 18 Nov 2025 20:56:36 GMT

Texans’ search interest in “mobile homes for sale” moved up a seasonally-adjusted +7.7% in September…

Figure 1: Monthly search interest patterns by year

Note: This interactive chart is built from Google Trends data for the search term “mobile homes for sale”

Comparison with Site-Built Homes

In the past we noted that there had been a steady decline in search volume for “mobile homes for sale” from the March 2021 peak, and that a similar decline had occurred with the broader “homes for sale” search term. The seasonally-adjusted data in the plots below shows that while Texans searching for “homes for sale” did indeed decline from 2022 through 2023, it appears to have stabilized in 2024 while searches for “mobile homes” continued to fall further but have started moving higher in the last two months after bottoming in July of 2025.

It appears that Texans are searching for homes in general less than they were in the lower mortgage interest rate environment before 2022 and given that manufactured housing can save purchasers more than half on price per square foot, perhaps they should add “manufactured” to the front of those Google searches.

Figure 2: Seasonally adjusted search trends comparison

Note: The data series for each of the search terms are pulled separately and the search interest values reference the relative traffic to the search term itself over time. The overall search volume for “mobile homes for sale” is not as high as the broader “homes for sale” query.

Mobile Homes For Sale Search Term Selection

The google trends data is pulled for the search term “mobile homes for sale” because the volume of search data for that term is 10 times higher than the volume of searches for “manufactured homes for sale.” In Texas any home with a HUD-Code label on it is legally a manufactured home, and any home built in a factory prior to the introduction of the HUD-Code in 1976 is a mobile home. Despite the legal definition google search data suggests that consumers tend to characterize modern manufactured homes as mobile homes.

Google Trends Data

Google Trends data can give valuable insight into the search patterns of internet users. Because of the enormous volume of searches, Google Trends data is pulled from a random sample of overall searches for a given time period, and that sample changes overtime so the historical data differs upon subsequent views. To get closer to the true amount of search interest for each month, we pull the trend data multiple times and average the results.

The other important thing to note about Google Trends data is that it is normalized over the time span for which the data is pulled. The highest month will have the score of a hundred and then every other month gets a value of what percentage it’s amount of searches represent compared to that highest month’s value. This means that historical percentages will change overtime as new peaks are introduced over time.

Industry in the News

Fri, 29 Aug 2025 15:09:43 GMT

August 29, 2025

July 10, 2024

June 20, 2024

May 28, 2024

May 15, 2024

March 28, 2024

March 4, 2024

January 24, 2024

January 11, 2024

Clarification of Statement of Ownership Filing Timelines to Avoid Violations

Tue, 16 Sep 2025 21:04:18 GMT

We hope everyone has seen the MH Division of TDHCA’s recent announcement providing clarification on how to fill out block 4(d) at the bottom of page one for the Statement of Ownership Application.

Just in case, TMHA is notifying our full contact list of this recent development.

We had previously posted about the division’s step-up in enforcement on title and installation reports being filed beyond the state law mandate of 60 and 7 days, respectfully.

(Recall, this originates from a law change in 2007 that extended the Statement of Ownership submission timeline from 30-days to 60-days and authorized a late fee)

Since the division increased its enforcement tracking in May, many Notices of Violations have been sent to licensees for applications that were submitted to the department timestamped received that where longer than 60-days from the date indicated on block 4(d) of the application.

Many in the industry associated the “date of sale” on the Statement of Ownership Application to the date the consumer executed their retail purchase contract. Historically, this is/was a common practice to match these two dates. However, with the enforcement changes, using that date is problematic due to any number of factors that can extend a timeline beyond two months from purchase contract execution and handing the keys of a home to a buyer.

Also, remember that since the industry moved beyond the common use of Retail Installment Contracts in the selling process to a direct lending model (due to the federal law changes in the Dodd-Frank Act in 2010), the timing trigger for the 3-day Right of Rescission is not the date on the state promulgated Statement of Ownership Application, but rather 3-days after the date the sales purchase contract is signed for a cash sale, or 3-days after the buyer/borrower signs the “binding note, security agreement or other financing credit contract.” (See: Sec. 1201.1521, Occupations Code)

The department made a clarification and formal department interpretation announcement that the date that should be used on the Statement of Ownership Application should be the:

“date of transfer, ownership change, or the date the full purchase price has been paid or funded by or on behalf of the buyer, or the delivery date, whichever is later.”

The delivery date should be understood to mean the date of final completed installation.

We anticipate proposed rule changes as well at that time to reflect recent legislation that went into effect on September 1, 2025, and an exception in current rules on filing forms with blank spaces to account for the future date of final funding or final installation, whichever is later.

We will, of course, keep members abreast of all changes and those effective dates.

Lastly, TMHA has also added this clarification to our list of enhancements and clarifications we will advocate for in future legislative sessions.

If you have additional questions, please reach out to the division directly at 877-313-3023 or via email at complaints@tdhca.texas.gov or to TMHA at 512-459-1221 or info@texasmha.com.

From the 89th – Laws in Effect September 1, 2025

Fri, 29 Aug 2025 13:41:02 GMT

Background – The effective date of any given bill can vary. Some that get super-majority support have immediate effect, others that require more time to prepare or get into compliance have dates set off in the future. But one of the more common defaults for many bills is September 1st of the session year.

While we were all enjoying Labor Day this past Monday, several new laws passed during the Legislative Session (regular session) that could have some impact on our industry, or your business went into effect.

One of TMHA’s key legislative priorities and advocacy victories, SB 1341, is now in effect.

Summary – SB 1341

Clarifies the definition of a manufactured home and HUD-code manufactured home to reference the federal definition; allows licensees to maintain records electronically and not physically in Texas; and eliminates the 24-hour/one day prior timeline on pre-sale consumer notices in the sales process.

Key Points – SB 1341

Licensees can choose to keep their necessary records electronically, rather than physically in a file at a location in the state.

The state promulgated and mandatory Consumer Notice just has to be given to a prospective buyer before they complete a credit application or enter into a cash sales contract. The prior law required the notice be provided a day in advance on cash sales.

Similarly, retailers are no longer required to provide a copy of the retail sales contract a day in advance. This eliminates part of the old law that was based on the pre-Dodd Frank Act indirect lending model. Since the majority of the industry shifted 15 years ago to a direct lending model, this law was antiquated and unduly burdensome.

SB 1940 - Relating to authorizing a beneficiary designation that transfers a manufactured home classified as personal property at the owner's death

Summary - SB 1940

This is a small simple law change and deals with transferring MH ownership in a faster, easier way if the owner dies. The bill allows for the direct designation of a beneficiary for manufactured homes adopting a similar “transfer-on-death” designation available for other types of personal property (such as cars).

Key Points – SB 1940

This law will help MH owners and make it easier to transfer their property upon death to the person they want to own their home after they die. The process is simpler than having to go through probate or other cumbersome estate processes.

The MH Division of TDHCA will modify their Statement of Ownership Application to include this optional designation on the title of homes.

SB 2349 – Relating to notice requirements for a leased dwelling located in a floodplain.

Summary – SB 2349

Allows the floodplain notice (that has been required since Hurricane Harvey) to be included in the lease or as a lease addendum, which must be signed by both landlord and tenant

Key Points – SB 2349

The prior law mandated a separate notice rather than being incorporated in the lease. This law simply provides more flexibility to either continue with a separate lease floodplain disclosure or incorporate it in the lease.

The new law does explicitly say that both landlord and tenant must sign whatever document used to provide the notice to evidence receipt. Some landlords might find it easier and more of a safeguard to incorporate the flood notice into their lease contract. This could better ensure that the document is signed by both parties, rather than a separate document that may have been overlooked.

SB 1333 - Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling.

Summary - SB 1333

This is an anti-squatters law that focuses more on the criminal enforcement aspect of removing squatters. The bill also adds a process for the property owner to submit a formal complaint and get the sheriff or constable to remove the unauthorized person.

Key Points – SB 1333

Property owners and landlords should be aware that this new law provides greater enforcement and quicker criminal remedies if they have an unauthorized squatter on their property. Specifically, there is a new chapter in the Property Code, Chapter 24B, where the property owner submits a complaint to the sheriff or constable in the county on a state promulgated complaint form with 12 criteria that must be met. But this should result in a faster remedy and removal by law enforcement of a squatter.

HB 2037 - Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

Summary – HB 2037

For both traditional landlord tenant relationships governed by Chapter 92, Property Code, (this would include when both the home and a lot are leased in MHCs), and manufactured home communities with lot leases only governed by Chapter 94, Property Code, the law allows for landlord and tenant email communication if they have previously communicated by email.

“Sec. 92.113. NOTICE BY E-MAIL. (a) Notice and other communications required or permitted by this subchapter may be sent by e-mail if the tenant and the landlord or landlord's agent have previously communicated by e-mail.

(b) The landlord or landlord's agent may designate a specific e-mail address for a tenant to use for the purpose of Subsection (a).”

Sec. 94.111. NOTICE BY E-MAIL. (a) Notice and other communications required or permitted by this subchapter may be sent by e-mail if the tenant and the landlord or landlord's agent have previously communicated by e-mail.

(b) The landlord or landlord's agent may designate a specific e-mail address for a tenant to use for the purpose of Subsection (a).”

Key Points – HB 2037

The option for a landlord to communicate and document, via email, various notices and disclosures were sent to tenants will be a feature many landlords prefer. This could also open up greater efficiency and automation for some functions in the property management space.

This law also requires if the tenant, living in a city that requires use of licensed contractors, makes certain repairs for health and safety that their landlord will not make after they have been requested, the tenant must hire a licensed contractor and document the work and expense (i.e. the tenant can’t “hire” their brother-in-law to do the work)

TMHA’s efforts ensured this new option applied to both home-and-lot and lot-lease only leasing arrangements in MHCs.

For Housing Development, the following new laws went into effect on September 1, 2025:

HB 2559 - Relating to the imposition by a municipality of a moratorium on property development in certain circumstances.

This law increases the transparency and notice requirements to prevent municipalities from unfairly imposing moratoriums on property developments.

The changes now require a 30-day notice and certified mail notice to person(s) registered previously with the city secretary, and also that two (not just one, like previously) public hearings at least 30-days apart must occur before a city can impose a building moratorium.

SB 15 - Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.

This is the minimum lot size bill for some larger cities for new “greenfield” developments.

This law creates preemption standards for smaller sized “greenfield” new development lots in some cities. It only applies to cities with a population of more than 150,000 and is in a county of more than 300,000. This means the larger cities within the following counties:

Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, Fort Bend, Hidalgo, El Paso, Montgomery, Williamson, Cameron, Brazoria, Bell, Galveston, Nueces, and Lubbock.

Being limited to only new developments, this applies to land that will be newly developed (not existing developments or neighborhoods, only “green field” new single-family homes).

Legal Action – this new law has legal teeth by allowing a person to bring suit against a city for violating this law and get injunctive relief, compel the city to comply, attorneys’ fees and court costs for the winning party, and even opt to go to the 15th Court of Appeals for any appeals.

SB 1883 - Relating to the approval of land use assumptions, capital improvement plans, and impact fees.

This change reforms the law that allowed cities to impose and increase impact fees for new development by a simple majority vote.

The new requirements on cities looking to increase or impose impacts fees, increases the vote threshold to a super-majority (2/3rds), limits increases to, at most, every three years, and requires, prior to increasing the fees an independent audit (with 10 specific audit evaluation criteria that must be satisfied) followed by posting the audit results on their website and a public hearing.

HB 2025 - Relating to the filing for record of a plat, replat, or amended plat or replat of a subdivision of real property or a condominium.

If a person files a plat, replat, or amended plat with the county clerk after September 1 of a year, the person must attach to it a tax receipt issued by each taxing unit with jurisdiction over the property indicating that the taxes imposed by the taxing unit for the current year have been paid or, if the taxes for the current year have not been calculated, a statement from the taxing unit indicating that the taxes to be imposed for the current year have not been calculated.

However, under the previous law if taxes are calculated after the person files the plat but before the county clerk records the plat, the county clerk may reject the plat.

Under this change the law changes so that a plat is not rejected if the taxes owed for a property for which a plat was filed are calculated after a person files a plat but before the county clerk records the plat.

MH/RV Hall of Fame - Congratulations Kurt Kelley and Steve Schaub

Tue, 02 Sep 2025 14:35:30 GMT

It was my honor to attend this year’s MH/RV Hall of Fame Induction Ceremony in Elkhart, IN. All ten of the RV and MH inductees have distinguished and impressive careers. One couldn’t help but think of the profound impact these ten figures have had on so many people from those who work for them and with them, the countless customers they served, and the overall economic impact they are making: truly deserving of our industry’s highest honor.

Our Texas MH presence was well represented with both Kurt Kelley of Mobile Insurance and Steve Schaub of YES Communities being inducted.

Kurt has been a fixture in our industry for decades and attends essentially every industry event. He even helped start and continues the highly successful TexCo event every winter. And on a personal note, Kurt was one of the three sitting TMHA Executive Board members who hired me at TMHA back in 2006 that started me on this journey that, at the time, I had no idea how rewarding and fulfilling it would be.

Steve is the CEO and President of YES Communities. With YES’ prolific presence throughout the county, multiple states can claim Steve, but we are going to throw our Texas banner around him. YES currently has 64 MH Communities in Texas. YES is a perennial supporter of TMHA and has been vital in helping us craft the bills and eventual laws in Texas that benefit all MH communities and rental operators.

Steve has led YES to be one of the standout examples of how modern MH communities are not only necessary as a component in our state’s housing supply, but an idyllic and affordable community for thousands of Texas to call home. Steve has built warm, welcoming communities, and has done so while driving strategic growth in Texas through expansions and new acquisitions. Steve leads YES with the simple yet powerful mission to say, “yes” to prospects and residents.

As but one example of Steve’s vision and leadership in new developments in Texas, look no further than their opening of Dwelling at New Braunfels.

TMHA would like to extend our congratulations to Kurt and Steve, along with all of this year’s inductees. And if you ever find yourself near Elhart, you must stop into the MH/RV Hall of Fame.

Former TMHA Chairman and current National Retailers Council Chairman with MHI – Karl Radde, GM, Southern Comfort Homes:

“Melissa and I were very honored to attend the RV/MH Hall of Fame dinner where Kurt Kelley was inducted as part of the latest class of inductees. I have known Kurt since shortly after I got into the industry in 1991 and consider him a friend and mentor who has offered wise counsel over the years. On a personal note, several years ago, Kurt was willing to leave a concert he and Lynn were attending in The Woodlands to assist my wife with a flat tire during the time she was driving back and forth to Houston for nursing school. Thankfully, another good Samaritan assisted her, Kurt didn’t have to leave, and he got to enjoy the rest of the concert. The fact that he was willing to do this spoke volumes to me about his character and the help he is willing to give.

We also had the opportunity to tour the museum and were very impressed with the exhibits. I will admit that the RV side of the museum probably intrigued me more due to the number of campers and RVs that were exhibited, but the manufactured housing side was very well thought out and had a good flow of history of the industry along with some very good exhibits of early mobile homes. There are individual videos that play on loops as you enter each area of the MH side that tell the history and current construction. The tour ends up with current models on display that show the modern construction that we all pride. If you are ever in the area, I recommend stopping by and checking it out.

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

Mon, 25 Aug 2025 23:21:50 GMT

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.

Texas Average Annual Sales Price for Single & Multi-Section Manufactured Homes

Fri, 22 Aug 2025 18:33:09 GMT

The Census Bureau releases the previous year’s annual average price data for manufactured homes at the individual state level each summer.

For Texas, the average sales price for a new single-section manufactured home in 2024 was $86,700, up +1.0% nominally from the prior year but down -1.8% after adjusting for inflation*. The average multi-section price in the state was $146,900, down -1.5% nominally from 2023 and down an inflation-adjusted -4.2%*.

The average real price of multi-section manufactured homes in Texas for 2024 was lower than the previous three years and the real average single-section price was lower than the previous two years.

Charts

Use the toggle to switch between current‑year (Nominal) and inflation‑adjusted (Real) prices.

This interactive chart is built off of the US Census Bureau’s Manufactured Housing Survey (MHS) Tables

* Inflation adjustments are made using the U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers.

Related Data

Each summer the Census Bureau releases a national cost comparison between new manufactured homes and new single-family site-built homes that perennially shows that manufactured housing is the most cost effective way to get new homes on the ground.

They also release monthly data on the average retail sales price for the South census region which includes Texas. The data is released four and half months after the calendar month closes, so we’ve developed a model to estimate current average retail sales prices as well as estimated monthly payments based on the Producer Price Index (PPI) for manufactured home builders.

Manufactured Home vs Site-Built Cost Comparison 2024 - Price Per Square Foot Analysis

Tue, 29 Jul 2025 20:52:03 GMT

With housing affordability reaching crisis levels across America, manufactured housing continues to provide a proven solution. New Census Bureau data reveals the striking cost advantage that makes home ownership accessible to more families.

The Census Bureau figures show national 2024 prices averaging $78.60 per sq. ft. for single-section and $86.71 per sq. ft. for multi-section manufactured homes. For comparison, a site-built single-family home (land excluded) averaged $168.86 per sq. ft.—more than double the single-section price. The updated annual numbers reiterate HUD-code manufactured housing as the nation’s most affordable path to new-home ownership.

Home construction type	Avg. $/sq ft (2024)	% savings vs. site-built
Single-section MH	$78.60	-53%
Multi-section MH	$86.71	-49%
Site-built single-family*	$168.86	—

Charts

Use the toggle to switch between current‑year (Nominal) and inflation‑adjusted (Real) prices.

This interactive chart is built off of the US Census Bureau’s Manufactured Housing Survey (MHS) Tables

This interactive chart is built off of the US Census Bureau’s Manufactured Housing Survey (MHS) Tables. Price/Sq. Ft. values have been inflation adjusted to 2014 dollars.

The Census Bureau releases cost and size comparisons for new manufactured homes and new single-family site-built homes for the previous year each June.

Manufactured Housing vs. Multifamily Costs

The Census Bureau does not publish a similar price per structure for multifamily construction but Fannie Mae commissioned a study with The Gordian Group that develops the RS Means construction data service that put the hard costs alone for building a 4-7-story building at $171 a square foot for Dallas, TX in 2019, well before the post-pandemic run up in inflation.

Soft cost inclusion would have pushed that number higher back then and inflation has undoubtedly pushed it higher since.

MH TDHCA Enforcement on Timing Deadlines Increased

Wed, 23 Jul 2025 20:03:07 GMT

The Manufactured Housing Division of TDHCA has recently changed its enforcement policies. The blunt assessment is they have shifted into a more aggressive posture and are cracking down on laws that have been in place for decades but previously were more loosely enforced.

The Texas laws on timing requirements for both titling and installation reports have existed in the law even before Chapter 1201, Occupations Code was created in 2002 (prior to the Occupations Code our laws were in Texas Civil Statutes, Article 5221f). The most significant tweak to these reporting requirements occurred in 2007. The 2007 law change did two significant things. First, the previous reporting timeline was only 30 days, and in 2007 that was increased to 60 days. Second, the law explicitly stated that failure to timely submit title applications could result in up to a $100 fine. And to be sure the industry was fully aware of this requirements, and possible consequence, the law mandated that the Statement of Ownership Application carried an explicit warning in the exact language that is in the law (see 1201.206(h)). This warning has been on the application ever since and still is today (see the top first box on the Statement of Ownership Application)

But for the last 18 years the department has regulated those provisions with flexibility and warning letters. That is no longer the case.

Many in our industry have already encountered this enforcement shift receiving notices of violation and fines. While we continue to work for equitable solutions and greater clarification (perhaps with some wording changes to state forms), TMHA wants to help our members through education and recommendations to eliminate their regulatory liability.

Recommended Course of Action – Retailers and Lenders:

To maximize the 60 day timeline, in the hopes of avoiding the new regulatory exposure and scrutiny the industry needs to be sure that:

For purposes of filing out the Statements of Ownership Application, the date of “sale, transfer or ownership change” in block 4d should be the date money is actually exchanged from the buyer to the seller for the full price of the home.

For cash sales the applicable date is when the retailer accepts the full cash proceeds for the home.
For financed sales, according to the department’s recent clarifying interpretation, the date is the final funding by the lender when the amounts are distributed.

(NOTE: the department is running data queries and any date filled in by the retailer (or lender) on Block 4d that is more than 60 days from when the SO Application is filed, gets flagged and a violation is issued.)

All Form T installation reports must be submitted within 7 days of completed installations.

Block 4d and Statement of Ownership Application Independent from Right of Rescission:

There is some industry confusion that the date purchase contracts are signed should be the date used on the Statement of Ownership Application.

According to the department, this is not the case.

The date to be used on the Statement of Ownership Application is the day full money value is actually exchanged, and most often will not be (even for cash sales) the same date as when the contracts are signed by the buyer and seller. In the vast majority of cases the date on the Statement of Ownership Application will be later, possibly much later, in time.

However, the date on the Statement of Ownership Application is not controlling or determinative of when the consumer’s 3-day right of rescission begins. These two actions – filling out the Statement of Ownership Application and both parties signing contracts – are two completely separate acts that don’t impact the other.

The dates on the sale purchase contact for a cash sale, and the lending contract for a financed sale are the controlling dates to start the 3-day right of rescission “clock.”

Texas’ manufactured housing 3-day right of rescission laws says:

Sec. 1201.1521. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME.

(a) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a cash transaction occurring not later than the third day after the date the sales purchase contract is signed, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511.

(b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511.

Therefore, Texas’ right of rescission law remains as it has been, unchanged, for decades, and the clock starts after signing purchase and loan contracts. The final exchange of cash or loan proceeds will, most often, occur much later in time, and well after the 3 day right of rescission has expired. But do not match the contract signing dates to the date of ”sale, transfer, or ownership change” in block 4d on the Statement of Ownership Application. That date doesn’t occur until the parties are fully paid.

TMHA expects, as the industry accepts this clarification, ultimately compliance with the 60-day mandate to submit Statement of Ownership Applications after final sale (i.e. fully funded completed sales) will be easier and rarely a source for violation.

From the 89th RECAP – TMHA’s Priority Bills

Tue, 24 Jun 2025 20:58:49 GMT

SB 1341 - Relating to the regulation of manufactured homes.

Potentially the most significant change SB 1341 made to Texas’ manufactured housing law seems the most simple, and it is. The bill swapped out our longstanding state law definition of a “manufactured home” and “HUD-code manufactured home” to reference the federal law and with it the federal definition. This change doesn’t actually make any immediate changes, as the federal definition and the Texas definition are essentially the same.

But what this prepares for is if there is ever a federal change, then Texas immediately and automatically changes as well. This will be significant if Congress changes the federal definition to allow for the option to build a home with or without a steel frame chassis.

There will probably be future Texas law tweaks we might need in future sessions depending on the exact language and other provisions that could change federally, but the bulk of the heavy lifting is done. And it positions the Texas industry to be ready to go, build, design, innovate, and seize every opportunity the moment the federal law and HUD regulations change.

Additionally, SB 1341 removes the prior law mandating a physical “brick and mortar” location in the state for a licensed retailer to store their records. The law now allows a retailer, if they choose, to store their records electronically, so long as they can be produced when needed by a state regulator.

And finally, the bill removes the nearly 25-year-old law that mandated both that the state promulgated Consumer Notice disclosure and a copy of the retail sales contract be provided to a consumer a day in advance. The Consumer Notice still must be given to the consumer before they enter into a contract, but it no longer has to be 24-hours in advance.

SB 785 - Relating to the regulation of new HUD-code manufactured housing.

We need a brief walk-through history on this one. TMHA has tried for decades to establish some form of city zoning preemption to preserve some right to place manufactured homes in cities. TMHA has tried nearly every angle to achieve some zoning reform, and until now, we were never successful.

There were efforts in the 1980’s and 1990’s for stand alone bills trying to pass “parity” laws in Texas, but they never passed. There were two TMHA lawsuits in the late 90’s that went all the way to the Texas Supreme Court to try and achieve zoning relief via federal construction code preemption, both of which were rejected by the state’s highest court. There was even an attempt at a last-minute amendment to a bill in 2001, by TMHA’s then director, Will Ehrle. Disastrously the amendment did not survive and then the bill mutated into the infamous HB 1869 that devasted the industry.

And then most recently last session in 2023 we worked and advanced a bill all the way through the House but stalled with resistance in the Senate that would have given some level of zoning parity if the home matched surrounding home values.

All of these previous efforts and experience led us to this session and the new strategy we deployed. The concept was to be as aggressive as we could but still be politically possible.

We achieved this by a simple argument, “Cities, you can’t ban manufactured homes entirely.”

That was our north star and the argument we advocated to the state’s lawmakers.

And we finally achieved success when Gov Abbott signed into law SB 785.

Granted the new law is not going to solve all of our zoning woes. Far from it. But it is a critical first step, a toehold, from which to start and build upon as both cities acclimate to our modern homes, we change old negative perceptions, and we demonstrate the critical role we serve in solving the state’s affordable housing challenges.

The bill does two things:

First, it says that cities can only require a specific use permit for manufactured homes if they also require such a permit for all forms of housing in the same area. This is to address the cities we identified that did not ban manufactured homes outright, but the only way to place a manufactured home was to apply and then be granted a specific use permit, which by definition are temporary in nature.
Second, the law requires that cities designate some area and actually put that area on their zoning maps (if they have one), where new manufactured homes are allowed “by right.”

Now cities still maintain their local control to determine exactly where and the size of the by right permissible area for new manufactured homes, but they cannot exclude us entirely.

There are a few limited exceptions that preserve cities’ abilities to have deed restrictions and historical areas. There is also a small exception for very small cities in Texas who do not have any commercial zoning, only one or two residential zoned areas. We have identified about 14 small cities that are excluded from the new law mandates, and therefore could, if they choose, ban manufactured homes.

But for the rest of the 1200+ Texas cities, they will have to comply with the new law. When making sweeping changes that require significant zoning reforms, political feasibility and good faith required that cities have a year to change their zoning to comply. As such the effective date of this law is September 1, 2026.

Of course, that doesn’t mean we can’t go to work with cities today to change their zoning. This is exactly what needs to be done for all the cities, not already in compliance. The effective date is the deadline for those cities, and if they haven’t changed their ordinances to comply by September of the 2026, then the city could be exposed to liability.

SB 785 is the most significant manufactured housing zoning reform bill ever advocated for by TMHA that actually passed. Do we expect some cities to push back? Can we foresee some cities learning of this law and begrudgingly selecting the least desirable or only very small areas to allow manufactured homes? Sure. This is possible, and well within their legal ability to do so. We can also make some educated guesses that for some cities they will just change the zoning for any existing manufactured home communities that were previously nonconforming “grandfathered” uses. They will just draw their “new” by right MH zoning around these existing communities.

But this is a critical and necessary starting point. This new law and the results that come out of it over the next several years will give us more to build upon for future advances. And the most significant and immediate impact of this bill is that it creates the framework to begin a new conversation. With this dialogue with cities we have an opportunity for manufactured homes to come into cities to change the hearts and minds, advance a new positive perception of what actually our modern homes are, and through this open up more and more opportunities based on merit and public acceptance rather than legal mandate (but at least there is now a legal mandate from which to kick everything off).

From the 89th RECAP – Tax Relief

Tue, 24 Jun 2025 20:52:47 GMT

HB 9 - Relating to an exemption from ad valorem taxation of a portion of the appraised value of tangible personal property a person owns that is held or used for the production of income.

This is the tax cut bill for businesses and allows for a $125,000 exemption of all personal property used in the production of income (this could include park-owned personal property MH)

SB 4 - Relating to an increase in the amount of the exemption of residence homesteads from ad valorem taxation by a school district

This is the tax cut for homeowners and does so by increasing the homestead exemption from $100,000 to $140,000 (Note manufactured homes, both real and personal property, are eligible for these exemption benefits). Seniors and Texans with disabilities get an additional $60,000 (total of $200,000 in exemption)

TMHA continues to strongly recommend to all MH community owners to encourage residents to file for their homestead protection/benefits and for retailers to notify consumers that a significant portion, possibly all, (based on the valuation of their home) of their home purchase could be exempt from local school taxes annual ad valorem taxes.

HB 2037 - Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

Landlords will like this change because it allows for landlord and tenant email communication if they have previously communicated by email, and if the tenant makes certain repairs for health and safety that their landlord will not make after they have been requested, the tenant must hire a licensed contractor and document the work and expense (i.e. the tenant can’t “hire” their brother-in-law to do the work)

From the 89th RECAP – Eviction Law Overhaul, Squatters, and Landlord Notices

Tue, 24 Jun 2025 20:50:07 GMT

SB 38 - Relating to the eviction from real property.

This is the massive eviction reform law (23-page bill) impacting all evictions in Texas; and will alleviate the strain in the eviction process by providing a more efficient and expedited process to restore a property owner's legal right to possession.

The bill is dense, but we will cover the highpoints here in this summary.

Venue (i.e. where the eviction suit must occur)– eviction suit must be brought in JP court where the property is located

Procedures in Court - Only the legislature can modify or suspend the eviction procedures, with a narrower exception to allow the Texas Supreme Court some emergency authority over “court proceedings affected by a disaster” (this is in response to local courts and TX Supreme Court issuing special rules, citations requirements and other procedures following and persisting after COVID)

But generally, the court petition and rules must follow state law in the Texas Rules of Civil Procedure.

Specifically, local JP courts cannot:

require special or unique petition content (only that in state law and rules),
mediation or other pretrial proceedings; or
dismiss the eviction based on improper petition filing if the filing either complied with state law or can be amended to comply

New Notices and Process - In nonpayment of rent evictions, if the tenant was not previously late or delinquent, then the landlord must give a Notice to Pay Rent or Vacate.

If the tenant was previous late or delinquent in the prior months leading up to the eviction, then the landlord can choose and give either: a Notice to Pay Rent or Vacate or a Notice to Vacate.

If there is a federal law (i.e. the CARES Act) requiring some form of tenant notice, the landlord can go ahead and file for an eviction (start the process prior to the federal timeline) and the eviction process can proceed (concurrently) with the federal timeline so long as the final writ of possession occurs after the federal notice timeline (i.e. under CAREs 30+days)

If a tenant notice calls for the opportunity for the tenant to respond, then the various notices run concurrently (not sequentially)

Notices must be delivered with one of the following methods:

Mail – first class, registered, certified or normal delivery
Delivery Inside – inside the premises in a conspicuous place
Hand Delivery – to a person inside who is 16+ years old
Electronically – but ONLY if the landlord and tenant have agreed in writing that electronic communication, including e-mail or other electronic means, is acceptable

Summary Disposition – This is a brand new expedited process (in terms of evictions) when there are no fact issues and a judgment can be rendered without a trial, but only under specific conditions and notices.

First, the landlord MUST file with the petition, the citation that must include specific language in English and Spanish on the first page of the citation (see 24.0051(d) for specific language) that a motion of Summary Disposition will occur.

A sheriff, constable or deputy sheriff or constable, shall serve the citation and petition no later the five days after the petition is filed, but if they don’t, then the landlord has the option to get the citation and petition served by a qualified off-duty officer.

Motion by landlord for summary disposition must set out all the supporting facts and documents, and if the evidence shows no disputable facts (i.e. nonpayment of rent that is past due and not paid; or holdover and tenant has not left etc.), then court can issue judgment for landlord without a trial.

But a court CANNOT issue a judgement without trial under the summary disposition if:

No later than the 4th day after the tenant is served, the tenant files a response with the court setting out supporting facts ; AND

Court can accept tenant’s late – after four days- response if response shows there are disputed facts, and a judgement has not yet been issued.

Then the judge determines if there are disputed facts of the case. The JP court can still issue a judgment in favor of the landlord if the tenant does respond, but the tenant’s response does not show any facts in dispute. But If the tenant’s response does show disputed facts, then the court sets a standard eviction trial between 10th and 21st day after petition was filed.

New Timeline of Eviction Trial – the goal of these changes was to bring clarity and uniformity to a statewide process.

First, no trial earlier than 10 days, but not after 21 days after the petition is filed with the court; and no earlier than the fourth day after the tenant was served with the petition.

And a court CANNOT postpone the trial for more than seven days unless both parties agree to postpone in writing.

Appeals to County Court - Either party may appeal the eviction judgment to county court but MUST within five days after the JP judgement is signed:

Filed a bond,
Make a cash deposit, or
Provide an inability to pay statement

If the tenant files for an appeal the tenant must affirm, and if they lie then it is perjury, that the tenant has a good faith belief they have a meritorious defense and the appeal is not for the purpose of delay.

An appeal is perfected only after a bond, cash, or statement of inability to pay is filed with the court (but must be within five days of the JP judgement being signed)

JP court must send transcripts and court papers to County Court (not a de novo trail, meaning not a brand new trial, the County Court will take into account the record in the JP court, but will de novo determine any remaining issues like rent or attorney’s fees).

County Court will hold an appeal trial no later than the 21st day after the date the transcript and court papers are delivered. JP court has between six (no earlier) - 10 (no later) days to send transcripts and papers

Tenant MUST Keep Paying Rent During the Appeal – During the timeline the tenant can filed for the inability to pay court costs, but they still must pay into the court registry the rent amount (can be determined by the court including if there is not a rental agreement based on the fair market value, and the amount of the required rent payment will be in the JP judgment).

Failure to timely pay into the registry the rental amount by the tenant during the appeal can result in the court issuing a writ of possession immediately without a hearing.

Tenants must pay rent into the court registry during the appeal by the fifth day after the tenant files for appeal, equal to one rental pay period (i.e. one month’s rent). The courts will distribute the rent in the registry, upon request, to the landlord during and/or after the appeal process.

A landlord can contest the tenant’s claim that they do not have the ability to pay court costs.

Writ of Possession - Timing to Issue Writ – writ of possession issued at least 6 days after (not before) a judgment has been rendered/issued by the court (unless the appeals process has been kicked off)

Issuing the Writ of Possession is a Ministerial Act – meaning it must be “automatically” done and CANNOT be reviewed or delayed or be a subjective decisions/determination (objective only; no subjective authority).

A sheriff, constable or their deputies must serve the writ of possession within five days (no later) after writ has been issued.

The total timeline for a writ is to wait six days after judgement and then within five days after that, so 11 days total, execute the writ by the authorities.

If five days passes, then the landlord can choose (and have to pay for) to have the writ served by other law enforcement or off-duty law enforcement who has received training.

Landlord must pay the costs of issuing and executing the writ of possession.

An officer (including off-duty etc.) may use reasonable force to execute the writ. But a landlord is not liable for damages to the tenant resulting from the enforcement of a judgment in favor of the landlord, including executing the writ of possession by the officer.

Nonlawyer Representation -

In Justice Courts (i.e. JP Court) - In ALL eviction suits in JP court parties can: Represent themselves; or be represented by authorized agents – who do NOT need to be attorneys

NOTE: Prior to SB 38, nonlawyer representatives could only perform in nonpayment or holdover eviction cases, but now they can represent in all eviction cases in JUSTICE COURTS, i.e. JP courts

In appeal suits in County of District Courts - Only for the appeal of a nonpayment of rent cases, and only for an owner of a “multifamily residential property” – which will probably mean, ”any residential dwelling complex consisting of four or more units,” can be an authorized agent who is not an attorney

The effective date for SB 38 is January 1, 2026

This is another anti-squatters bill but focused more on the criminal enforcement aspect of removing squatters. The bill also adds a process for the property owner to submit a formal complaint and get the sheriff or constable to remove the unauthorized person.

SB 2349 – Relating to notice requirements for a leased dwelling located in a floodplain.

For all normal leases and landlords, the bill now allows the floodplain notice to be included in the lease or as a lease addendum, which must be signed by both landlord and tenant (prior law mandated a separate notice rather than being incorporated in the lease). So, this law simply provides more flexibility to either continue with a separate lease floodplain disclosure or incorporate it in the lease.

The bill also, creates small exceptions (meaning the notice is not required) to the floodplain notice that has been required since 2021 (post- Hurricane Harvey) for leased property for short-term leases less than 30-days or “seller lease back” situations when selling a residence.

From the 89th RECAP – New Housing Development

Tue, 24 Jun 2025 20:45:21 GMT

HB 2559 - Relating to the imposition by a municipality of a moratorium on property development in certain circumstances.

This bill was advocated by Texas Home Builders Association (and additional support from a coalition of pro-housing developers – including TMHA) and increases the transparency and notice requirements to prevent municipalities from unfairly imposing moratoriums on property developments.

HB 4506 - Relating to electronic delivery of notice for certain municipal zoning changes.

This bill allows for an opt-in system to choose to receive zoning change notices electronically (i.e. via email)

SB 15 - Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee.

This is the minimum lot size bill for some cities. The concept is that some cities stifle new home development and increase housing costs by requiring large minimum lot sizes. When a city demands that each lot have more land, and that land is expensive (as it is in top populated Texas cities), it makes new housing construction more expensive. This bill creates preemption standards for smaller sized “greenfield” new development lots in some cities. It only applies to cities with a population of more than 150,000 and is in a county of more than 300,000. This means only the top 18 most populous counties and the larger cities within the following:

Harris, Dallas, Tarrant, Bexar, Travis, Collin, Denton, Fort Bend, Hidalgo, El Paso, Montgomery, Williamson, Cameron, Brazoria, Bell, Galveston, Nueces, and Lubbock.

Being limited to only new developments, this only applies to land that will be newly developed (not existing developments or neighborhoods, only “green field” new single-family homes)

For the Applicable cities they CANNOT:

Require residential lots bigger than 3,000 sqft;
Wider than 30 feet; or
Deeper than 75 feet

Applicable cities CANNOT require on “small lots” (4,000 sqft of less) to have:

Setbacks larger than 15 ft from the front and 10 ft from the back; or 5 ft side-to-side;
Covered parking;
More than one parking space per unit/house;
Off-site parking;
More than 30% open/permeable surface;
Less than 3 stories;
A maximum building bulk;
Wall articulation requirement; or
Any other zoning that imposes a restriction inconsistent with the new law

However, applicable cities CAN require:

Setbacks needed for environmental features, erosion, or waterways that are authorized under federal or state law;
Sharing a driveway with another lot;
Single-family home permitting fees;
Impact fees authorized under Chapter 395 – i.e. the Texas general impact fee law;

There are also the following narrow exceptions withing the applicable cities of: a permeable space exception for areas in aquifer recharge and impacted zones; and that necessary for stormwater regulation. Additional exceptions for some areas near police training and military bases, as well as HOAs and deed restrictions.

SB 1567 – Relating to the authority of home-rule municipalities to regulate the occupancy of dwelling units.

This preempts some cities (population of 250,000 or less and with a college enrollment of 20,000 or more) where a public university is located from placing occupancy standards or limits on housing (i.e. making it easier for college students to cohabitate for housing cost purposes). These cities can, at most, only limit one occupant per sleeping room with a minimum floor area of 70 square feet; and one additional occupant for each additional 50 square feet of floor area in the same sleeping room.

SB 1883 - Relating to the approval of land use assumptions, capital improvement plans, and impact fees.

Also advocated by Texas Home Builders Association (and additional support from a coalition of pro-housing developers – including TMHA), reforms the law that allowed cities to impose and increase impact fees for new development by a simple majority vote.

The new requirements on cities looking to increase or impose impacts fees, increases the vote threshold to a super-majority (2/3rds), limits increase to, at most, every three years, and requires, prior to increasing the fees an independent audit (with 10 specific audit evaluation criteria that must be satisfied) followed by posting the audit results on their website and a public hearing.

SB 783 – Relating to certain regulations adopted by governmental entities for the construction or alteration of residential or commercial buildings.

The caption is a bit vague, but this is the second, and now successful (in 2021 the governor vetoed this bill), attempt to allow for the state energy code to be updated and not violate the preemption laws on building materials and recent adopted national codes.

But the new law does add that prior to updating the TX building energy codes, the State Energy Conservation Office must conduct an analysis that measures the impact of the amendment or adoption on housing attainability in this state; and quantifies the incremental construction cost and energy use cost savings associated with construction to evaluate the cost-effectiveness of the proposed amendment or adoption.

The analysis must calculate the payback period for any required products or minimum standards or requirements that are more stringent than the energy code in effect on the date immediately before the date the amendment or adoption would take effect.

HB 2025 - Relating to the filing for record of a plat, replat, or amended plat or replat of a subdivision of real property or a condominium.

However, under the previous law if taxes are calculated after the person files the plat but before the county clerk records the plat, the county clerk may reject the plat.

SB 1202 – Relating to third-party review of property development documents and inspections of improvements related to those documents, including home backup power installations.

This narrow bill provides for certain third parties to review development documents and conduct inspections required to install home backup power generation as an alternative to review and inspection by the regulatory authority to alleviate regulatory bottlenecks, costly fees, and slow permitting processes.

SB 1566 - Relating to connection of utilities by certain entities in certain subdivisions formerly located in a municipality's extraterritorial jurisdiction.

Stops cities from prohibiting utility connections in certain areas (those within a city’s utilities certificate of convenience and necessity area) that was petitioned by the property owners to be removed/released from the cities ETJ.

HB 24 – Relating to procedures for changes to a zoning regulation or district boundary.

Referred to as partially ending the “tyrant’s veto” over proposed zoning changes where only 20% of surrounding property owners needed to protest a zoning change to force a super majority vote by a city council to approve the change. This law will require a higher level of objection and vote threshold to stop zoning changes.

The bill separates zoning actions into two categories – “comprehensive zoning change” and all other (i.e. not comprehensive…so run-of-the-mill zoning changes)

A “comprehensive zoning change” is one that proposes to allow more residential development, or a new zoning code or map that will impact the entire city, or allow for more development via a zoning overlay near major road and transit corridors.

For non-comprehensive zoning changes (so just your normal one-off zoning cases):

Protest – 20% or more of owners impacted by the proposed change; 20% or more of owners of adjoining land within 200 feet; or 60% or more of the landowners and 200 ft adjoining land owners if the proposed change would allow more residential development and doesn’t add more commercial or industrial uses (limited exception for first floor mix uses)
The Vote Threshold to Still Pass of Protested – 3/4ths vote needed to proceed with the proposed zoning changes over the objection of the protests (simple majority exception for those that add more housing but not more commercial zoning)

For comprehensive zoning changes (as newly defined)

New Presumption of Validity – if the changes allow more residential development, then they are presumed to be valid, and will be valid if they are not annulled or invalidated within 60-days after the date of change

Note: The law didn’t change the existing law to annul or invalidate a change, meaning an invalidation will require a lawsuit to prove some procedural mistake or other critical process error.

The is a Special Sign Notice Requirements for Home-Rule Municipalities that at least 10 days prior to a proposed zoning change that does NOT apply to the entire city and through the final data of the determination the city must post a specific sign (size etc.) on the affected property or public right of way near the proposed property.