89R15013 SCR-D     By: Cook S.B. No. 2762       A BILL TO BE ENTITLED   AN ACT   relating to the sale of a manufactured home community.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 94, Property Code, is amended by adding   Subchapter E-1 to read as follows:   SUBCHAPTER E-1.  SALE OF MANUFACTURED HOME COMMUNITY          Sec. 94.221.  DEFINITIONS. In this subchapter:                (1)  "Refusal period" means the period of time   described by Section 94.224(2).                (2)  "Tenants' association" means an association formed   under Section 94.225.          Sec. 94.222.  RIGHT OF FIRST REFUSAL REQUIRED. (a)  A   landlord may not enter into a contract for the sale of a   manufactured home community without providing the tenants of the   community a right of first refusal under this subchapter.          (b)  This subchapter does not apply to:                (1)  a gift or sale of a manufactured home community to   a family member of the landlord;                (2)  a transfer of a manufactured home community to a   trust established for the benefit of members of the landlord's   family; or                (3)  a sale resulting from a condemnation proceeding.          Sec. 94.223.  NOTICE TO RESIDENTS; FORM.  (a)  Not later than   the 14th day after a landlord receives an offer for the purchase of   a manufactured home community that the landlord conditionally   accepts or plans to accept, the landlord shall provide notice by   certified mail to each tenant, or to the owner of the manufactured   home if the owner is not the tenant, that the landlord has received   an offer for the purchase of the manufactured home community.          (b)  Not later than the 90th day after giving notice under   Subsection (a), the landlord shall post in a common area in the   manufactured home community a form that includes:                (1)  information relating to the tenants' right of   first refusal under this subchapter;                (2)  the purchase price of the manufactured home   community in the offer described by Subsection (a);                (3)  information regarding financing options for   purchasing the manufactured home community;                (4)  information regarding the ability of a tenants'   association to assign the tenants' right to purchase a manufactured   home community under Section 94.225(b); and                (5)  a space for a tenant to indicate whether the tenant   intends to exercise the right of first refusal or declines to   exercise the right.          Sec. 94.224.  EXPIRATION OF RIGHT OF FIRST REFUSAL. A right   of first refusal provided under this subchapter expires:                (1)  on the 90th day after the date notice is given   under Section 94.223 if 50 percent or more of the tenants of the   manufactured home community have indicated on the form described by   Section 94.223(b) that they decline to exercise the right; or                (2)  on the 121st day after notice is given under   Section 94.223 if a purchase offer is not made to the landlord under   Section 94.226 before that day.          Sec. 94.225.  TENANTS' ASSOCIATION; ASSIGNMENT.  (a)  A   group of tenants may form an association to exercise a right of   first refusal under this subchapter if more than 50 percent of the   tenants of the manufactured home community indicate on the form   described by Section 94.223(b) that they wish to exercise a right of   first refusal under this subchapter.          (b)  An association formed under Subsection (a) may assign   its right to purchase a manufactured home community to:                (1)  a municipality;                (2)  a county;                (3)  a state governmental entity;                (4)  a housing authority;                (5)  a nonprofit organization; or                (6)  a tribal governmental entity.          Sec. 94.226.  OFFER FROM TENANTS' ASSOCIATION.  (a)  Not   later than the 120th day after a landlord gives notice under Section   94.223, a tenants' association or a tenants' association's assignee   may deliver to the landlord a written offer to purchase the   manufactured home community on the same terms as the offer   described by Section 94.223(a).          (b)  Not later than the seventh day after receiving the offer   described by Subsection (a), a landlord shall provide a written   response:                (1)  accepting the offer; or                (2)  rejecting the offer and providing reasons for the   rejection.          (c)  A landlord shall negotiate in good faith with a tenants'   association or a tenants' association's assignee for the purchase   of the manufactured home community.          Sec. 94.227.  FINANCING. Except as provided by Section   94.228, a tenants' association or a tenants' association's assignee   must obtain any financing necessary for the purchase of the   manufactured home community not later than the 90th day after   making an offer under Section 94.226.          Sec. 94.228.  EXTENSION OF REFUSAL PERIOD. The refusal   period may be extended:                (1)  on written agreement between a tenants'   association or a tenants' association's assignee and the landlord;                (2)  for a reasonable delay in obtaining financing   under Section 94.227;                (3)  during a period when a potential assignee   considers an assignment from the tenants' association; or                (4)  if a tenants' association files a complaint with   the Texas Department of Housing and Community Affairs that the   landlord has acted in bad faith.          SECTION 2.  The changes in law made by this Act apply only to   a sale of a manufactured home community under an executory contract   entered into on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.