New housing legislation in Texas has brought about significant changes in the manner in which municipalities control manufactured housing by mandating that any city having zoning regulations must offer at least one class of residential zoning in which newly manufactured HUD code homes may be established. These changes became effective on September 1, 2026.
What the New Law Requires
According to Senate Bill 785, Texas municipalities that have zoning laws shall allow the placement of new HUD-code manufactured homes in one or more zoning classifications, residential zoning districts, or zoning classifications specific to manufactured homes. Additionally, cities should make sure that the zoning classification is applicable to land that is within their jurisdiction. In case there is a comprehensive zoning map in the city, then this map should define the zones where manufactured homes can be allowed according to this act.
This act also restricts cities from imposing a use permit or a similar special permit for the new HUD-code manufactured home if other residential homes in the same zoning classification are not required to do so. However, this law does allow cities some powers to regulate historic landmarks and some existing deed restrictions.
Cities Are Updating Their Zoning Codes
These new regulations necessitate that the municipalities review their current zoning regulations and maps. A number of Texas towns had been making plans to amend their local ordinances to bring them up to date with the new regulations. Bellmead passed an ordinance creating an R-MH Residential HUD-Code Manufactured Housing District. Other municipalities had plans to amend their residential zoning ordinances.
The amendments could have effects on the areas of housing construction, land planning, and local zoning. The Texas Manufactured Housing Association states that the SB 785 is an important amendment concerning the treatment of new HUD-code manufactured homes under municipal zoning regulations.
Potential Impact on Texas Housing
Manufactured houses have been talked about as potential means to improve access to affordable housing units. The new regulations could help in making it possible to place qualified manufactured houses in the designated residential zones, while the cities continue to implement zoning regulations in accordance with state laws. These changes are also relevant as Texas continues to see new housing communities and large-scale residential developments.
There will be variations in effects depending on each city since the cities have powers regarding the designation of zones for residential zoning in accordance with the new regulations of SB 785.
Conclusion
The zoning requirements for manufactured housing in Texas constitute a significant change in the zoning laws of the municipality. Under the current law, which is SB 785, municipalities that have zoning laws must have at least one residential zoning district where new qualifying HUD code manufactured housing units can be installed. This should go hand in hand with updating any zoning maps and zoning ordinances that apply.
FAQs
Texas Senate Bill 785 is a bill that revises municipal zoning requirements related to the erection of new HUD-code manufactured homes. The bill says that a municipality that has zoning must permit the construction of such homes by right in at least one qualified residential zoning classification or zone.
The effective date of the manufactured housing provisions of the SB 785 was set to be September 1, 2026.
This bill obligates only those municipalities that have zoning or boundaries of zoning districts to permit new HUD-code manufactured homes. The law has some exceptions related to certain deed restrictions, historic sites, and municipalities which do not have zoning districts for business or industrial zones.