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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Henn OFFICE: Count~Judge
MEETING DATE: September 13, 1999 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss Order establishing Minimum Infrastructure Requirements for Manufactured
Home Rental Communities pursuant to Section 232.007 of the Texas Local Government Code
and set a Public Hearing on same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Coun ~ Judge
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
NO.
An Order establishing minimum infrastructure standazds for Manufactured Home
Rental Communities located in Ken County outside the city limits of an incorporated or
chartered municipality.
BE IT ORDERED and ADOPTED by the Commissioners Court of Kerr
County, Texas:
SECTION 1. GENERAL PROVISIONS AND FINDINGS
WHEREAS, the Kerr County Commissioners Court has both the responsibility
and the authority to protect the health, safety, and welfare of the citizens of Kerr County,
Texas; and
WHEREAS, the unregulated development and establishment of manufactured
home rental communities in Ken County outside the city limits of incorporated or
chartered municipalities has high potential to adversely impact the health, welfaze, and
safety of Kerr County; and
WHEREAS, this Court finds that the unregulated development or establishment
of manufactured home rental communities in Kerr County outside the city limits of
incorporated or chartered municipalities would constitute an unacceptable risk and threat
to the public health, safety, and welfare of Kerr County and would further negatively
impact the economic development and growth of Kerr County; and
WHEREAS, Section 232.007 of the Texas Local Government Code grants to the
commissioners court of a county the authority to establish minimum infrastructure
1
standards for manufactured home rental communities in the county outside the limits of a
municipality;
SECTION 2. SUBSTANTIVE PROVISIONS AND DEFINITIONS
NOW, THEREFORE, for the reasons cited above, and pursuant to Section
232.007 of the Texas Local Government Code, the Kerr County Commissioners Court
hereby RESOLVES, ORDERS, and ESTABLISHES the following Order:
A. DEFINITIONS
(1) "Manufactured home rental community" means a plot or tract of land that
is separated into two or more spaces or lots that are rented, leased, or
offered for rent or lease, for a term of less than 60 months without a
purchase option, for the installation of manufactured homes for use and
occupancy as residences.
(2) "Business day" means a day other than a Saturday, Sunday, or holiday
recognized by this state.
(3) "Subdivision Regulations" mean the Kerr County Subdivision Rules &
Regulations adopted by Kerr County Commissioners Court Order No.
25314, dated May 11, 1998, as amended from time to time.
(4) "County Engineer" means the individual designated from time to time by
the Kerr County Commissioners Court to act and serve as the Ken County
Engineer.
(5) "Development Plan" means a complete and exact plan for the infrastructure
of manufactured home rental community including, but without limitation,
the survey and all drawings and specifications required herein.
(6) "Certificate of Compliance" means a letter from the County Engineer stating
that the Development Plan for a specific manufactured home rental community
reflects the minimum infrastructure requirements set forth herein.
(7) "TNRCC" shall mean the Texas Natural Resources Conservation
Commission.
2
B. APPLICATION PROCESS
(1) "The owner of land located outside the limits of a municipality who intends
to use the land for a manufactured home rental community must have an
Development Plan prepared that complies with the minimum infrastructure
standards set forth below.
(2) Not later than the 60`~ day after the date the owner of a proposed
manufactured home rental community submits an Development Plan for
approval, the County Engineer shall approve or reject the plan in writing. If
the plan is rejected, the written rejection must specify the reasons for the
rejection and the actions required for approval of the plan. The failure to
reject a plan within the period prescribed by this subsection constitutes
approval of the plan.
(3) Construction of a proposed manufactured home rental community may not
begin before the date the county engineer approves the Development Plan.
The County Engineer or commissioners court may require inspection of the
infrastructure during its construction and shall require a final inspection. The
final inspection must be completed not later than the second business day
after the date the County Engineer receives a written confirmation from the
owner that the construction of the infrastructure is complete. If the County
Engineer determines that the infrastructure complies with the Development
Plan, the County Engineer shall issue a certificate of compliance not later
than the fifth business day after the date the final inspection is completed.
(4) A utility may not provide utility services, including water, sewer, gas, and
electric services, to a manufactured home rental community subject to an
Development Plan or to a manufactured home in such community unless the
owner provides the utility with a copy of the certificate of compliance. This
subsection applies only to:
(a) a municipality that provides utility services;
(b) a municipally owned or municipally operated utility that provides utility
services;
(c) a public utility that provides utility services;
(d) a nonprofit water supply or sewer service corporation organized and
operating under Chapter 67, Water code, that provides utility services;
(e) a county that provides utility services; and
(f) a special district or authority created by state law that provides utility
services.
3
C. MINIMUM INFRASTRUCTURE STANDARDS
(1) The Development Plan shall include provisions for adequate drainage. To
satisfy this requirement, the Development Plan shall comply with and satisfy
the requirements of Section 5.07 of the Subdivision Regulations.
(2)' The Development Plan shall include provisions for streets and roads to
provide ingress and egress for fire and emergency vehicles. To satisfy this
request, the Development Plan shall comply with Section 5.02 of the
Subdivision Regulations.
(3) The Development Plan shall include provisions for an adequate public or
community water supply in accordance with Subchapter C, Chapter 341,
Health and Safety Code. To satisfy this standard, the Development Plan shall
include approval by the Executive Director of the T.N.R.C.C. of the business
plan and the plans and specifications for the water system, if the public or
community system is a new system OR, if water is to be supplied by an
existing public or community water system, a copy of the agreement between
the owner of the manufactured home rental community and the owner of the
existing public or community water system for the provision of water to the
manufactured home rental community and a letter from the Executive
Director of the T.N.R.C.C. stating that the existing public or community
water system has sufficient capacity to serve the manufactured home rental
community.
(4) The Development Plan shall include provisions for the effective and
authorized treatment of wastewater. If the owner of the manufactured home
rental community plans to treat wastewater by connection with an existing
central collection and treatment system, the Development Plan shall include a
copy of the agreement between such owner and the owner/operator of the
existing wastewater collection/treatment system whereby the owner/operator
of such system contracts for and agrees to accept the wastewater created by
the manufactured home rental community. If the owner of the manufactured
home rental community plans to treat wastewater created by such community
with on-site sewage facilities, the Development Plan shall include a letter
from the Upper Guadalupe River Authority stating that the plans and
specifications for on-site treatment of wastewater satisfy all requirements of
the laws of the State of Texas and the Kerr County OSSF Rules.
(5) As part of the Development Plan, the owner of the manufactured home rental
community shall include a survey prepared by a registered professional
surveyor licensed in the State of Texas that shall include:
(a) The boundary of the proposed manufactured home rental community;
4
(b) Any significant features of the proposed manufactured home rental
community;
(c) The proposed location of the manufactured home rental community
spaces;
(d) Utility easements;
(e) Roads, streets, and dedications ofrights-of--way;
(f) Any areas located in the 100-yeaz floodplain;
(g) Location of drainage culverts and easements;
(h) Location of sanitary sewer lines and/or on site sewage facilities; and
(i) Location of all public or community water system lines, pumps, or
storage tanks and/or all private wells.
SECTION 3. CIVIL REMEDIES AND PENALTIES
A. Any violation of this ordinance is subject to a civil penalty of $10,000.00 for each
violation, such penalty to be forfeited to Kerr County, Texas. Each day that a
violation continues constitutes a separate ground for recovery.
B. The Commissioners Court of Kerr County, Texas, may bring a legal action to
enjoin violations of this order and seek judgment for any civil penalties.
SECTION 4. CRIMINAL PENALTY
A. Operation of a manufactured home rental community in violation of this order
constitutes a class C misdemeanor punishable by a fine not to exceed $500.00
B. Each day that a violation continues constitutes a separate offense under this order.
5
SECTION 5. SEVERABILITY
If any portion of this order is deemed to be in violation of the statutes or the
constitution of this state or the United States by a court of competent jurisdiction, said
portion shall be severed, and the remaining portions of the order shall remain in full force
and effect.
SECTION 6. PROSPECTIVE EFFECT
This order applies only to a manufactured home rental community for which
construction is commenced on or after the date the minimum infrastructure standards
adopted by the commissioners court take effect.
SECTION 7. EFFECTIVE DATE
This order shall become effective immediately upon adoption.
Read and adopted this
day of
1999,
by a vote of ayes and nays•
ATTEST:
County Clerk
County Judge
6
By: Wentworth S.B. No. 712
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED AN ACT
1-1 relating to requiring manufactured home rental communities to
1-2 comply with county subdivision regulations.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 232.007, Local Government Code, is repealed.
1-6 SECTION 2. The change in law made by this Act does not apply
1-7 to a manufactured home rental community, as that term was defined
1-8 by Section 232.007, Local Government Code, as it existed
1-9 immediately before the repeal of that section, in existence before
1-10 the effective date of this Act.
1-1 By: Wentworth
S.B. No. 712
1-2 (In the Senate -Filed February 25, 1999; Mazch 1, 1999,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; Apri119, 1999, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 4, Nays 0;
1-6 Apri119, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 712 By: Moncrief
1-8 A BILL TO BE ENTITLED AN ACT
1-10 relating to requiring manufactured home rental communities to
1-11 comply with county infrastructure regulations.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 232.007, Local Government Code, is
1-14 amended by amending Subsection (a) and adding Subsections (c)
1-15 through (h) to read as follows:
1-16 (a) In this section:
1-17 (1) "Manufactured[, "manufactured] home rental
1-18 community" means a plot or tract of land that is separated into two
1-19 or more spaces or lots that aze rented, leased, or offered for rent
1-20 or lease, for a term of less than 60 months without a purchase
1-21 option, for the installation of manufactured homes for use and
1-22 occupancy as residences.
1-23 (2) "Business day" means a day other than a Saturday,
1-24 Sunday, or holiday recognized by this state.
1-25 (c) After a public hearing and after notice is published in
1-26 a newspaper of general circulation in the county, the commissioners
1-27 court of a county, by order adopted and entered in the minutes of
1-28 the commissioners court, may establish minimum infrastructure
1-29 standards for manufactured home rental communities located in the
1-30 county outside the limits of a municipality. The minimum standards
1-31 may include only:
1-32 (1) reasonable specifications to provide adequate
1-33 drainage in accordance with standard engineering practices,
1-34 including specifying necessary drainage culverts and identifying
1-35 areas included in the 100-year flood plain;
1-36 (2) reasonable specifications for providing an
1-37 adequate public or community water supply, including specifying the
1-38 location of supply lines, in accordance with Subchapter C, Chapter
1-39 341, Health and Safety Code;
1-40 (3) reasonable requirements for providing access to
1-41 sanitary sewer lines, including specifying the location of sanitary
1-42 sewer lines, or providing adequate on-site sewage facilities in
1-43 accordance with Chapter 366, Health and Safety Code;
1-44 (4) a requirement for the preparation of a survey
1-45 identifying the proposed manufactured home rental community
1-46 boundaries and any significant features of the community, including
1-47 the proposed location of manufactured home rental community spaces,
1-48 utility easements, and dedications ofrights-of--way; and
1-49 (5) reasonable specifications for streets or roads in
1-50 the manufactured rental home community to provide ingress and
1-51 egress access for fire and emergency vehicles.
1-52 (d) The commissioners court may not adopt minimum
1-53 infrastructure standards that are more stringent than requirements
1-54 adopted by the commissioners court for subdivisions. The
1-55 commissioners court may only adopt minimum infrastructure standards
1-56 for ingress and egress access by fire and emergency vehicles that
1-57 are reasonably necessary.
1-58 (e) If the commissioners court adopts minimum infrastructure
1-59 standards for manufactured home rental communities, the owner of
1-60 land located outside the limits of a municipality who intends to
1-61 use the land for a manufactured home rental community must have an
1-62 infrastructure development plan prepared that complies with the
1-63 minimum infrastructure standards adopted by the commissioners court
1-64 under Subsection (c).
2-1 (f) Not later than the 60th day after the date the owner of
2-2 a proposed manufactured home rental community submits an
2-3 infrastructure development plan for approval, the county engineer
2-4 or another person designated by the commissioners court shall
2-5 approve or reject the plan in writing. If the plan is rejected,
2-6 the written rejection must specify the reasons for the rejection
2-7 and the actions required for approval of the plan. The failure to
2-8 reject a plan within the period prescribed by this subsection
2-9 constitutes approval of the plan.
2-10 (g) Construction of a proposed manufactured home rental
2-11 community may not begin before the date the county engineer or
2-12 another person designated by the commissioners court approves the
2-13 infrastructure development plan. The commissioners court may
2-14 require inspection of the infrastructure during or on completion of
2-15 its construction. If a final inspection is required, the final
2-16 inspection must be completed not later than the second business day
2-17 after the date the commissioners court or the person designated by
2-18 the commissioners court receives a written confirmation from the
2-19 owner that the construction of the infrastructure is complete. If
2-20 the inspector determines that the infrastructure complies with the
2-21 infrastructure development plan, the commissioners court shall
2-22 issue a certificate of compliance not later than the fifth business
2-23 day after the date the final inspection is completed. If a final
2-24 inspection is not required, the commissioners court shall issue a
2-25 certificate of compliance not later than the fifth business day
2-26 after the date the commissioners court or the person designated by
2-27 the commissioners court receives written certification from the
2-28 owner that construction of the infrastructure has been completed in
2-29 compliance with the infrastructure development plan.
2-30 (h) A utility may not provide utility services, including
2-31 water, sewer, gas, and electric services, to a manufactured home
2-32 rental community subject to an infrastructure development plan or
2-33 to a manufactured home in the community unless the owner provides
2-34 the utility with a copy of the certificate of compliance issued
2-35 under Subsection (g). This subsection applies only to:
2-36 (1) a municipality that provides utility services;
2-37 (2) a municipally owned or municipally operated
2-38 utility that provides utility services;
2-39 (3) a public utility that provides utility services;
2-40 (4) a nonprofit water supply or sewer service
2-41 corporation organized and operating under Chapter 67, Water Code,
2-42 that provides utility services;
2-43 (5) a county that provides utility services; and
2-44 {6) a special district or authority created by state
2-45 law that provides utility services.
2-46 SECTION 2. The change in law made by this Act applies only
2-47 to a manufactured rental home community for which construction is
2-48 commenced on or after the date n~ infrastructure standards
2-49 adopted by the commissioners court as provided by Section X32.007,
2-50 Local Government Code, as an~endad by this Act, take effect.
2-51 *****