85R3365 JG-D

By: Bernal H.B. No. 3586

A BILL TO BE ENTITLED

AN ACT

relating to funding for new and existing migrant labor housing facilities; establishing an interagency task force to provide support for migrant agricultural workers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.0271, Agriculture Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Financial assistance under Subsection (a) may be used only for a project relating to:

(1) the acquisition or development of land, easements, or rights-of-way;

(2) attracting new private enterprises to the county or municipality, including:

(A) manufacturing facilities;

(B) freight storage facilities;

(C) distribution warehouse centers; and

(D) other nonretail private enterprises;

(3) the construction, extension, or other improvement of:

(A) water or waste disposal facilities; [or]

(B) transportation infrastructure; or

(C) migrant labor housing facilities as defined by Section 2306.921, Government Code; or

(4) any other activity relating to private economic development that the commissioner determines will encourage economic and infrastructure development in a rural area.

(b-1) Financial assistance for projects described by Subsection (b)(3)(C) may only be awarded if the commissioner determines that the construction, extension, or improvement of migrant labor housing facilities will result in the creation and retention of jobs for migrant agricultural workers on a recurring basis or will otherwise encourage economic development in the area. In this subsection, "migrant agricultural worker" has the meaning assigned by Section 2306.921, Government Code.

SECTION 2. Section 12.046, Agriculture Code, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows:

(c) The fund may be used by the department only to:

(1) pay for grants or loans to public or private entities for projects in rural communities that have strong local support, provide positive return on the state's investment, and stimulate one or more of the following:

(A) local entrepreneurship;

(B) job creation or retention;

(C) new capital investment;

(D) strategic economic development planning;

(E) individual economic and community development leadership training;

(F) housing development, including the development of migrant labor housing facilities as defined by Section 2306.921, Government Code; or

(G) innovative workforce education; and

(2) administer the grant and loan program under this section.

(c-1) Grants or loans for projects related to migrant labor housing facilities described by Subsection (c)(1)(F) may only be awarded for the purpose of establishing, maintaining, or operating a migrant labor housing facility if the recipient of the grant or loan commits to creating and retaining jobs for migrant agricultural workers on a recurring basis. In this subsection, "migrant agricultural worker" has the meaning assigned by Section 2306.921, Government Code.

SECTION 3. Section 481.078, Government Code, is amended by amending Subsection (c) and adding Subsection (d-2) to read as follows:

(c) Except as provided by Subsections (d), [and] (d-1), and (d-2), the fund may be used only for economic development, infrastructure development, community development, job training programs, and business incentives.

(d-2) Money from the fund may be used by a farmer to establish, maintain, or operate a migrant labor housing facility. The governor may transfer appropriations from the fund to the Texas Department of Housing and Community Affairs to award grants for a purpose specified by this subsection. Subsections (e-1), (f), (f-1), (f-2), (g), (h), (h-1), (i), and (j) and Section 481.080 do not apply to a grant awarded for a purpose specified by this subsection. In this subsection, "farmer" means the owner or operator of an agricultural facility that is licensed as a migrant labor housing facility under Subchapter LL, Chapter 2306, or the owner or operator of an agricultural facility who seeks to establish a new migrant labor housing facility requiring licensure under that subchapter.

SECTION 4. Subchapter DD, Chapter 2306, Government Code, is amended by adding Section 2306.67141 to read as follows:

Sec. 2306.67141. MIGRANT LABOR HOUSING FACILITY SET-ASIDE. (a) In this section:

(1) "Migrant labor housing facility" has the meaning assigned by Section 2306.921.

(2) "Person" has the meaning assigned by Section 2306.921.

(b) The department shall set aside for eligible persons a portion, as determined by department rule, of the housing tax credits available for allocation in the calendar year.

(c) A person is eligible to be awarded the housing tax credits set aside under Subsection (b) if the person:

(1) has applied to receive federal financial assistance under Section 514 or 516, Housing Act of 1949 (42 U.S.C. Section 1484 or 1486); or

(2) has received federal financial assistance provided under Section 514 or 516, Housing Act of 1949 (42 U.S.C. Section 1484 or 1486).

(d) The department shall develop threshold, scoring, and underwriting criteria for applications from persons eligible to be awarded the set-aside.

(e) An allocation of housing tax credits under Subsection (c)(1) is conditional on the actual receipt of federal financial assistance provided under Section 514 or 516, Housing Act of 1949 (42 U.S.C. Section 1484 or 1486). If an eligible person does not receive the assistance required by this subsection, the department shall rescind the allocation of housing tax credits and award those credits to another eligible person described by Subsection (c).

(f) Any amount of housing tax credits set aside under this section that remains after the initial allocation of housing tax credits is available for allocation to any eligible applicant as provided by the qualified allocation plan.

SECTION 5. Subchapter LL, Chapter 2306, Government Code, is amended by adding Sections 2306.934, 2306.935, and 2306.936 to read as follows:

Sec. 2306.934. FARMER INCENTIVE PROGRAM. (a) In this section, "farmer" means the owner or operator of an agricultural facility who seeks to establish, maintain, or operate a migrant labor housing facility under this subchapter.

(b) The department shall develop and administer an incentive program for farmers who have applied to receive federal financial assistance provided under Section 514 of the Housing Act of 1949 (42 U.S.C. Section 1484).

Sec. 2306.935. CONDITIONAL FORWARD COMMITMENT OF FUNDS. (a) The department shall establish a fund in the department for the conditional forward commitment of funds to establish migrant labor housing facilities. The department may contribute money to the fund from any available source of revenue that the department considers appropriate, including money allocated to the department under the federal HOME Investment Partnerships program established under Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.), money allocated to the department under the community development block grant program authorized by Title I of the Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 et seq.), and money from the housing trust fund under Section 2306.201.

(b) A person licensed under this subchapter and who has applied to receive federal financial assistance provided under Section 514 or 516, Housing Act of 1949 (42 U.S.C. Section 1484 or 1486), is eligible to be awarded a conditional forward commitment of funds.

(c) An award of a forward commitment of funds under this section is conditional on the actual receipt of federal financial assistance provided under Section 514 or 516, Housing Act of 1949 (42 U.S.C. Section 1484 or 1486). If a person licensed under this subchapter does not receive the assistance required by this subsection, the department shall rescind the award.

(d) The department shall develop threshold, scoring, and underwriting criteria for applications from persons who are licensed under this subchapter.

Sec. 2306.936. INTERAGENCY TASK FORCE. (a) The department shall establish an interagency task force to coordinate efforts to improve housing conditions and housing options for migrant agricultural workers.

(b) The interagency task force shall:

(1) help coordinate interagency efforts to improve housing conditions and housing options for migrant agricultural workers;

(2) provide migrant agricultural workers with information regarding available support services;

(3) establish a complaint system for migrant agricultural workers to report poor housing conditions or poor treatment;

(4) investigate complaints made by migrant agricultural workers using the complaint system established under Subdivision (3); and

(5) create strategies to increase the number of migrant labor housing facilities.

(c) The interagency task force shall be composed of the following nine members:

(1) one representative of the department who is designated by the director of the department;

(2) one representative of the Texas Department of Agriculture who is designated by the commissioner of the Texas Department of Agriculture;

(3) one representative of the Health and Human Services Commission who is designated by the executive commissioner of the Health and Human Services Commission;

(4) one representative of a local workforce development board who is designated by the executive director of the Texas Workforce Commission;

(5) one representative from a nonprofit provider of affordable housing who is designated by the governor;

(6) one representative from a nonprofit representing migrant agricultural workers who is designated by the governor; and

(7) three migrant agricultural worker advocates who are designated by the governor.

(d) The governor shall designate a member of the interagency task force to serve as presiding officer.

(e) A vacancy on the interagency task force shall be filled in the same manner as the initial appointment.

(f) A member on the interagency task force may not receive compensation for service on the task force, but is entitled to reimbursement for actual and necessary expenses incurred in performing task force duties.

(g) The interagency task force may accept gifts and grants from any source to be used to carry out a function of the task force.

(h) The interagency task force shall meet at least quarterly at the call of the presiding officer and at other times as determined by the presiding officer.

(i) Not later than December 1 of each even-numbered year, the interagency task force shall prepare and submit to the governor, the lieutenant governor, and the speaker of the house of representatives a report with recommendations on improving housing conditions and housing options for migrant agricultural workers.

SECTION 6. This Act takes effect September 1, 2017.