By: Bernal H.B. No. 195
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of migrant labor housing facilities;
  changing the amount of a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter LL, Chapter 2306, Government Code, is
  amended by amending Section 2306.933 and adding Sections 2306.934
  and 2306.935 to read as follows:
         Sec. 2306.933.  CIVIL PENALTY.  (a)  A person who violates
  this subchapter or a rule adopted under this subchapter is subject
  to a civil penalty of not less than $50 for each person occupying
  the migrant labor housing facility in violation of this subchapter
  [$200] for each day that the violation occurs.
         (b)  An [The county attorney for the county in which the
  violation occurred, or the attorney general, at the request of the
  department, shall bring an] action [in the name of the state] to
  collect a [the] penalty under this section may be brought by:
               (1)  the department through the contested case hearing
  process described by Section 2306.930(b);
               (2)  the county attorney for the county in which the
  violation occurred, or the attorney general, at the request of the
  department; or
               (3)  a migrant agricultural worker who, at the time of
  the violation, lived in the migrant labor housing facility that is
  the subject of the violation.
         (c)  The department by rule shall adopt a penalty schedule
  that increases the amount of the penalty assessed against a person
  who repeatedly violates this subchapter or rules adopted under this
  subchapter.
         (d)  A penalty collected under Subsection (b)(1) or (2) shall
  be deposited to the credit of the general revenue fund and may be
  appropriated only to the department for the enforcement of this
  subchapter.
         Sec. 2306.934.  RETALIATION PROHIBITED. A person who owns,
  establishes, maintains, operates, or otherwise provides a migrant
  labor housing facility, a person who employs a migrant agricultural
  worker who occupies a migrant labor housing facility, or a farm
  labor contractor may not retaliate against a person for filing a
  complaint or providing information in good faith relating to a
  possible violation of this subchapter.
         Sec. 2306.935.  ATTORNEY'S FEES. The court in a suit brought
  under this subchapter may award reasonable attorney's fees to the
  prevailing party.
         SECTION 2.  Not later than March 1, 2022, the Texas
  Department of Housing and Community Affairs shall adopt the rules
  necessary to implement Subchapter LL, Chapter 2306, Government
  Code, as amended by this Act.
         SECTION 3.  The change in law made by this Act in amending
  Section 2306.933, Government Code, and adding Section 2306.935,
  Government Code, applies only to a violation that occurs on or after
  the effective date of this Act. A violation that occurs before the
  effective date of this Act is governed by the law in effect on the
  date the violation occurred, and the former law is continued in
  effect for that purpose. For purposes of this section, a violation
  occurs before the effective date of this Act if any element of the
  violation occurs before that date.
         SECTION 4.  This Act takes effect September 1, 2021.