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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of migrant labor housing facilities; |
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changing the amount of a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter LL, Chapter 2306, Government Code, is |
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amended by amending Section 2306.933 and adding Sections 2306.934, |
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2306.935, 2306.936, 2306.937, 2306.938, 2306.939, and 2306.940 to |
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read as follows: |
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Sec. 2306.933. CIVIL PENALTY. (a) A person who violates |
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this subchapter or a rule adopted under this subchapter is subject |
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to a civil penalty of not less than $50 for each person occupying |
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the migrant labor housing facility in violation of this subchapter |
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[$200] for each day that the violation occurs. |
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(b) An [The county attorney for the county in which the |
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violation occurred, or the attorney general, at the request of the |
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department, shall bring an] action [in the name of the state] to |
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collect a civil [the] penalty under this section may be brought by: |
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(1) the department through the contested case hearing |
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process described by Section 2306.930(b); |
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(2) the county attorney for the county in which the |
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violation occurred, or the attorney general, at the request of the |
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department; or |
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(3) a migrant agricultural worker if: |
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(A) a complaint regarding the violation for which |
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the civil penalty is sought has been submitted under Section |
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2306.934; and |
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(B) at the time the complaint described by |
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Paragraph (A) is submitted, the worker: |
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(i) lives in the migrant labor housing |
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facility that is the subject of the complaint; and |
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(ii) is not temporarily in the United |
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States under an H2-A visa authorized by 8 U.S.C. Section |
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1101(a)(15)(H)(ii)(a). |
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(c) An action to collect a civil penalty under this section |
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may not be brought while: |
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(1) a contested case hearing, brought by the |
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department under Section 2306.930(b) and relating to the same |
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migrant labor housing facility, is pending; |
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(2) an action for injunctive relief relating to the |
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same violation is pending under Section 2306.932; |
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(3) an action brought by a county attorney or the |
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attorney general and relating to the same migrant labor housing |
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facility is pending; or |
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(4) the operator of the migrant labor housing facility |
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that is the subject of the action is: |
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(A) waiting for the facility to be inspected |
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under Section 2306.935(c) to confirm remediation of the violation |
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that is the subject of the action; or |
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(B) providing housing at a facility under Section |
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2306.936(d) to which the migrant agricultural workers who occupied |
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the facility that is the subject of the action have been relocated. |
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(d) A civil penalty under this section begins accruing on |
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the earlier of: |
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(1) for a violation with a remediation period |
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described by Section 2306.935, the day that: |
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(A) the department determines based on |
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information submitted under Section 2306.935(b) that the operator |
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has failed to remedy the violation; or |
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(B) an inspection described by Section |
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2306.935(c) establishes that the migrant housing facility operator |
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has failed to remedy the violation; or |
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(2) for a violation with a remediation period |
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described by Section 2306.936, the 31st day following the date that |
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notification of the complaint is received from the department, |
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unless the operator has relocated under Section 2306.936(d) the |
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migrant agricultural workers who occupied the facility that is the |
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subject of the complaint. |
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(e) The department by rule shall adopt a penalty schedule |
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that increases the amount of the penalty assessed against a person |
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who repeatedly violates this subchapter or rules adopted under this |
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subchapter. |
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(f) A penalty collected under Subsection (b)(1) or (2) shall |
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be deposited to the credit of the general revenue fund and may be |
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appropriated only to the department for the enforcement of this |
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subchapter. |
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Sec. 2306.934. COMPLAINT; NOTICE; DISMISSAL. (a) In this |
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section, "designated representative" means an individual or |
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organization to whom a migrant agricultural worker has given |
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written authorization to exercise the worker's right to file a |
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complaint under this section. |
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(a-1) The department by rule shall establish a process for: |
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(1) the submission to the department of a complaint |
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regarding a migrant labor housing facility; |
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(2) determining whether a complaint is unfounded or |
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does not violate the standards adopted by the department; and |
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(3) the investigation, resolution, or dismissal of a |
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complaint submitted under Subdivision (1), including confirmation |
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of remediation through the methods described by Sections 2306.935 |
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and 2306.936. |
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(a-2) The process established under Subsection (a-1)(1) |
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must allow the submission of complaints: |
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(1) only by: |
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(A) an occupant of the migrant labor housing |
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facility that is the subject of the complaint; |
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(B) a prospective occupant of the migrant labor |
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housing facility that is the subject of the complaint; |
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(C) the designated representative of a person |
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described by Paragraph (A) or (B); or |
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(D) an individual, including the owner or tenant |
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of an adjacent property, that has observed a clear violation of this |
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subchapter; and |
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(2) through the department's Internet website, in |
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person at any department office, or by telephone or written notice |
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to the department. |
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(b) Not later than the fifth day after the date on which the |
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department receives a complaint, the department shall notify the |
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operator of the migrant labor housing facility that is the subject |
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of the complaint. Notice under this subsection must include: |
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(1) the date that the complaint was received; |
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(2) the subject matter of the complaint; |
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(3) the name of each person contacted in relation to |
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the complaint, if any; and |
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(4) the timeline for remedying a complaint that is not |
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otherwise dismissed by the department. |
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(c) If the department is unable to make contact with an |
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operator of a migrant labor housing facility for the purpose of |
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serving a notification of a complaint, the department shall serve |
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the notification of the complaint via registered or certified mail, |
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return receipt requested. |
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(d) If the department determines that a complaint is |
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unfounded or does not violate the standards adopted by rule, the |
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department may dismiss the complaint and shall include a statement |
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of the reason for the dismissal in the record of the complaint. The |
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department shall provide timely notice of any dismissal of the |
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complaint, including the explanation for the dismissal, to the |
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operator of the migrant labor housing facility that is the subject |
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of the complaint. |
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(e) A designated representative may not be required to |
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reveal the name of any migrant agricultural worker on whose behalf |
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the representative submitted a complaint under this section if the |
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department reviews the written authorization establishing the |
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representation and verifies that the representative is authorized |
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to submit the complaint. |
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Sec. 2306.935. REMEDIATION OF COMPLAINT IN GENERAL. (a) |
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Subject to Section 2306.936, not later than the seventh day after |
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the date that notice is received under Section 2306.934, the |
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operator of a migrant labor housing facility shall remedy the |
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complaint. |
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(b) The department by rule shall establish a procedure by |
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which the operator of a migrant labor housing facility may submit |
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proof of remediation of a complaint through visual evidence and a |
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sworn affidavit. |
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(c) For an operator of a migrant labor housing facility who |
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receives notice under Section 2306.934(c) or who does not submit |
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proof of remediation in the manner provided by Subsection (b), the |
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department shall have the facility inspected as soon as possible |
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following the seventh day after the date that notice is received |
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under Section 2306.934, to ensure remediation of the complaint. |
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Sec. 2306.936. REMEDIATION OF COMPLAINT REGARDING CERTAIN |
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VIOLATIONS. (a) This section applies only to a complaint that |
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alleges a violation that the department determines poses an |
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imminent hazard or threat to the health and safety of the occupants |
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of the facility, including violations of rules adopted by the |
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department concerning sanitation. |
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(b) Subject to Subsection (d), not later than the 30th day |
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after the date that notice is received under Section 2306.934, the |
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operator of a migrant labor housing facility that is the subject of |
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a complaint described by Subsection (a) shall remedy the complaint. |
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(c) The department may refer a complaint described by |
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Subsection (a) to a local authority for immediate inspection of the |
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migrant labor housing facility. |
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(d) The department by rule shall establish a procedure for |
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requiring the owner of a migrant labor housing facility to relocate |
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or provide for the relocation to another housing facility of the |
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occupants of a facility that is the subject of a complaint under |
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Subsection (a) if the remediation of that complaint is projected to |
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take longer than a period of 30 days. A housing facility to which a |
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person is relocated under this subsection: |
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(1) must meet the occupancy standards adopted under |
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this subchapter; |
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(2) must be located in the same vicinity as the vacated |
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facility; and |
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(3) may not require a rent payment from a displaced |
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migrant agricultural worker that exceeds the rent charged for the |
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vacated facility. |
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(e) Subsection (d) does not apply to a migrant agricultural |
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worker who is temporarily in the United States under an H2-A visa |
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authorized under 8 U.S.C. Section 1101(a)(15)(H)(ii)(a). |
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Sec. 2306.937. RETALIATION PROHIBITED. A person who owns, |
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establishes, maintains, operates, or otherwise provides a migrant |
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labor housing facility, a person who employs a migrant agricultural |
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worker who occupies a migrant labor housing facility, or a farm |
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labor contractor may not retaliate against a person for filing a |
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complaint or providing information in good faith relating to a |
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possible violation of this subchapter. |
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Sec. 2306.938. ATTORNEY'S FEES. The court in a suit brought |
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under this subchapter may award reasonable attorney's fees to the |
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prevailing party. |
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Sec. 2306.939. INTERAGENCY COOPERATION. (a) The |
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department shall identify other state agencies that may interact |
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with occupants of migrant housing facilities to assist the |
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department in identifying and locating unlicensed migrant labor |
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housing facilities. |
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(b) Information provided to the department under this |
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section: |
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(1) may be used only for the purposes of identifying |
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and locating unlicensed migrant labor housing facilities; |
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(2) must be free of identification information |
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relating to individual migrant agricultural workers; and |
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(3) is confidential and not subject to disclosure |
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under Chapter 552. |
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Sec. 2306.940. OUTREACH AND EDUCATION. (a) The department |
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shall provide: |
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(1) to migrant agricultural workers in different |
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regions of the state, educational materials or programs that are |
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presented in English, Spanish, and other languages as appropriate |
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and that inform the workers of their rights and remedies under this |
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subchapter; and |
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(2) to persons who own, establish, maintain, operate, |
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procure, make arrangements for, or otherwise provide migrant labor |
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housing facilities, educational materials or programs that are |
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presented in English, Spanish, and other languages as appropriate |
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and that inform the persons of their obligations under this |
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subchapter. |
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(b) To better provide the services described by Subsection |
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(a), the department shall: |
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(1) ensure that, in each region of the state where |
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migrant labor housing facilities are most common, there are persons |
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capable of providing the information described by Subsection (a) in |
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English, Spanish, and other languages as appropriate; and |
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(2) conduct research, including by surveying migrant |
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agricultural workers, concerning: |
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(A) what types of migrant labor housing |
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facilities are most common in different regions of the state; and |
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(B) what regions of the state most need |
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additional or improved migrant labor housing facilities. |
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SECTION 2. Not later than March 1, 2024, the Texas |
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Department of Housing and Community Affairs shall adopt the rules |
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necessary to implement Subchapter LL, Chapter 2306, Government |
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Code, as amended by this Act. |
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SECTION 3. The change in law made by this Act in amending |
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Section 2306.933, Government Code, and adding Sections 2306.934, |
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2306.935, 2306.936, 2306.938, and 2306.939, Government Code, |
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applies only to a violation that occurs on or after the effective |
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date of this Act. A violation that occurs before the effective date |
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of this Act is governed by the law in effect on the date the |
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violation occurred, and the former law is continued in effect for |
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that purpose. For purposes of this section, a violation occurs |
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before the effective date of this Act if any element of the |
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violation occurs before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |
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* * * * * |