Honorable Carol Alvarado, Chair, House Committee on Urban Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB2677 by Bernal (Relating to the regulation of migrant labor housing facilities.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code relating to the regulation of migrant labor housing facilities. The bill would amend the civil penalty relating to certain violations from $200 each day a violation occurs to up to $50 for each person occupying a migrant labor housing facility each day a violation occurs. The bill would permit the Texas Department of Housing and Community Affairs (TDHCA), a county attorney, Attorney General at the request of TDHCA or a migrant agricultural worker to bring an action to collect the penalty under the provisions of the bill. Under the provisions of the bill, penalties collected in association with violations of migrant labor housing facilities would be deposited into General Revenue and could be appropriated to TDHCA for enforcement of the migrant labor housing program. The bill would require TDHCA to adopt a penalty schedule that increases the amount of the penalty assessed against a person who repeatedly violates the provisions of the bill. The bill would permit a court, that brings suit under the provisions of the bill, to award attorney's fees to the prevailing party.
The bill would require TDHCA to adopt rules to implement the provisions of the bill by March 1, 2018. The bill would take effect on September 1, 2017.
According to the Comptroller of Public Accounts, the fiscal impact cannot be determined as the number of violations that would be subject to the civil penalty and the penalty schedule to be adopted by TDHCA are unknown. According to TDHCA, the penalties that could be assessed under the provisions of the bill are not anticipated to be significant.
The Office of Court Administration, Office of the Attorney General, and the Texas Department of Housing and Community Affairs anticipate any additional work resulting from the passage of the bill could be reasonably absorbed within current resources.
Local Government Impact
According to the Office of Court Administration, the fiscal impact to local courts is not anticipated to be significant.
According to the Texas Association of Counties, the fiscal impact to counties is not anticipated to be significant.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 332 Department of Housing and Community Affairs