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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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authorizing an increase in the amount of a fee; changing the amount |
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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. Section 2306.922, Government Code, is amended to |
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read as follows: |
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Sec. 2306.922. LICENSE REQUIRED. A person may not: |
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(1) establish, maintain, or operate a migrant labor |
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housing facility without obtaining a license for the facility from |
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the department; or |
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(2) procure, make arrangements for, or otherwise |
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provide housing for migrant agricultural workers without ensuring |
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that the applicable migrant labor housing facility is licensed |
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under this subchapter. |
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SECTION 2. The heading to Section 2306.923, Government |
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Code, is amended to read as follows: |
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Sec. 2306.923. LICENSE APPLICATION; FEE [APPLICATION |
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INSPECTION]. |
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SECTION 3. Section 2306.923, Government Code, is amended by |
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amending Subsection (d) and adding Subsections (e), (f), and (g) to |
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read as follows: |
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(d) An applicant who seeks to substitute an inspection |
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conducted by the United States Department of Labor or the Texas |
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Workforce Commission for a pre-occupation inspection conducted by |
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the department under Section 2306.924 must include with the |
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application: |
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(1) individualized affirmations regarding the |
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facility's compliance with each state standard established by this |
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subchapter; and |
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(2) electronically submitted digital images of the |
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facility that hold metadata verifying when and where the images |
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were taken. |
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(e) The department shall prescribe the form and manner of an |
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application made under this section. |
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(f) The application must be accompanied by a reasonable |
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[the] license fee established by the board by rule in an amount |
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sufficient to cover the costs of administering this subchapter, |
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including costs associated with conducting inspections and |
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reinspections under this subchapter. |
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(g) A fee collected under this section shall be deposited to |
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the credit of the general revenue fund and may be appropriated to |
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the department for the administration of this subchapter. |
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SECTION 4. The heading to Section 2306.924, Government |
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Code, is amended to read as follows: |
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Sec. 2306.924. PRE-OCCUPATION INSPECTION. |
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SECTION 5. Section 2306.925(a), Government Code, is amended |
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to read as follows: |
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(a) If a migrant labor housing facility for which a license |
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application is made does not meet the reasonable minimum standards |
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of construction, sanitation, equipment, and operation required by |
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rules adopted under this subchapter, the department at the time of |
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inspection shall give the license applicant in writing the reasons |
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that the facility does not meet those standards. The applicant may |
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remedy the deficiency and request the department to reinspect the |
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facility not later than the 10th [60th] day after the date on which |
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the reasons are given. |
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SECTION 6. Section 2306.926(b), Government Code, is amended |
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to read as follows: |
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(b) The license expires on the first anniversary of the date |
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of issuance. Not later than the 60th day before the date a license |
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is scheduled to expire, the department shall give notice of the |
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expiration to the license holder. |
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SECTION 7. Subchapter LL, Chapter 2306, Government Code, is |
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amended by adding Section 2306.9261 to read as follows: |
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Sec. 2306.9261. THIRD-PARTY APPEAL OF LICENSE |
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DETERMINATION. The department by rule shall adopt procedures |
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through which third parties, including migrant agricultural |
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workers and advocacy groups, may appeal the issuance or denial of a |
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license or the imposition of a condition on a license. |
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SECTION 8. Subchapter LL, Chapter 2306, Government Code, is |
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amended by amending Sections 2306.927, 2306.928, and 2306.929 and |
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adding Section 2306.9281 to read as follows: |
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Sec. 2306.927. [LICENSE] POSTING OF LICENSE AND COMPLAINT |
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INFORMATION. A person who holds a license issued under this |
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subchapter shall post [the license] in the licensed migrant labor |
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housing facility at all times during the maintenance or operation |
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of the facility a copy of: |
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(1) the license; and |
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(2) information describing in English and Spanish the |
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complaint procedures provided by Section 2306.929. |
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Sec. 2306.928. INSPECTION OF FACILITIES. (a) Before |
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conducting an inspection of a migrant labor housing facility under |
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this section, an authorized representative of the department must |
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give or make a reasonable attempt to give notice to the persons who: |
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(1) are the providers of the facility, based on |
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evidence available to the department; and |
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(2) if applicable, are alleged to be the providers of |
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the facility in any complaint filed under this chapter. |
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(b) An authorized representative of the department, after |
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giving or making a reasonable attempt to give notice under |
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Subsection (a): |
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(1) shall inspect the facility: |
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(A) on receipt of a complaint under Section |
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2306.929, including a report of an unlicensed migrant labor housing |
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facility; and |
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(B) at least once during the probable period of |
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use of the facility as stated under Section 2306.923(c)(3); and |
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(2) [to the operator of a migrant labor housing |
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facility,] may otherwise enter and inspect the facility during |
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reasonable hours and investigate conditions, practices, or other |
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matters as necessary or appropriate to determine whether a person |
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has violated this subchapter or a rule adopted under this |
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subchapter. |
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(c) In addition to the inspections required under |
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Subsection (b)(1), the department by rule shall establish an annual |
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quota of proactive inspections of suspected unlicensed or |
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noncompliant migrant labor housing facilities. The quota |
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established under this subsection may not be less than 50 percent of |
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the number of migrant labor housing facilities licensed under this |
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subchapter in the preceding state fiscal year. |
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(d) During an inspection conducted under Subsection (b)(1), |
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the inspector shall: |
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(1) conduct interviews with not less than 10 percent |
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of the occupants of the facility, including any person who |
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submitted a complaint requiring the inspection under Subsection |
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(b)(1)(A), if known; |
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(2) make written notes regarding the inspection at the |
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time of the inspection or immediately after the inspection; and |
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(3) take photographs of any violations. |
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(e) An interview under Subsection (d)(1) must be conducted: |
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(1) after working hours or on rest days, to the extent |
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possible; and |
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(2) out of the presence of any person who owns or |
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establishes or who maintains, operates, or otherwise provides the |
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migrant labor housing facility or any person who employs the |
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migrant agricultural workers occupying the facility. |
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Sec. 2306.9281. INSPECTION REPORT. (a) After an |
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inspection, the inspector shall submit to the department a report |
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containing: |
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(1) a narrative regarding the alleged violation and |
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the methods used to investigate the alleged violation; |
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(2) a determination of whether the alleged violation, |
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or any other violation, exists; and |
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(3) evidence supporting the determination made under |
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Subdivision (2), including any photographs taken under Section |
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2306.928(d)(3). |
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(b) A report under Subsection (a) must be made available to |
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the public on the department's Internet website. The department |
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shall redact each migrant agricultural worker's name and other |
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personal information contained in a report made available under |
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this subsection. |
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(c) The department by rule shall establish and require the |
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use of a standardized inspection report form for conducting |
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inspections under Section 2306.928. |
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Sec. 2306.929. COMPLAINTS [FEE]. (a) The department by |
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rule shall: |
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(1) establish procedures for the submission, |
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investigation, and resolution of complaints of alleged violations |
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of this subchapter, including a procedure through which other state |
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agencies that receive a complaint under Subsection (b)(2) can |
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report the complaint to the department; and |
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(2) adopt a standardized complaint form. |
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(b) The procedures established under Subsection (a)(1) must |
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allow the submission of complaints: |
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(1) anonymously or by a third party; and |
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(2) through the department's Internet website, in |
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person at any nonprofit organization that assists migrant |
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agricultural workers in finding employment or at any state agency, |
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by telephone, or in writing. |
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(c) The form adopted under Subsection (a)(2) must allow for |
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the collection of information regarding: |
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(1) the name, address, and contact information of: |
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(A) the employer; |
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(B) the farm labor contractor; and |
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(C) the migrant labor housing facility provider; |
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(2) the address, including a unit number, and location |
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of the facility and directions to the facility; |
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(3) the number of migrant agricultural workers: |
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(A) currently occupying the facility; and |
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(B) occupying the facility during the peak period |
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of occupancy; |
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(4) the dates the facility has been occupied and the |
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approximate length of the season for which the facility will be |
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occupied; |
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(5) the type of work performed by the workers |
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occupying the facility; |
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(6) whether the postings required under Section |
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2306.927 are displayed; |
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(7) complaints about the facility; and |
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(8) any other information the department considers |
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necessary. |
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(d) The department shall consider a report regarding an |
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unlicensed migrant labor housing facility to be a complaint under |
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this section. |
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(e) The department shall make available to a person |
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submitting a complaint, if the identity of that person is known, |
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information regarding other housing and transportation resources |
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available to the person [The board shall set the license fee in an |
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amount not to exceed $250]. |
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SECTION 9. Subchapter LL, Chapter 2306, Government Code, is |
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amended by adding Section 2306.9305 to read as follows: |
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Sec. 2306.9305. DUTY TO PROVIDE HOUSING ON SUSPENSION OR |
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REVOCATION OF LICENSE. (a) The department by rule shall establish |
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procedures requiring the owner or provider of a migrant labor |
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housing facility, on suspension or revocation of a license as |
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provided by Section 2306.930, to relocate or provide for the |
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relocation of the occupants of the facility to another facility |
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that: |
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(1) meets the occupancy standards of this subchapter; |
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and |
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(2) is located in the same area as the vacated |
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facility. |
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(b) An owner or provider required to relocate an occupant |
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under Subsection (a) shall pay any rental cost of the relocation |
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facility that exceeds the rent of the vacated facility. |
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SECTION 10. The heading to Section 2306.931, Government |
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Code, is amended to read as follows: |
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Sec. 2306.931. ENFORCEMENT; ADOPTION OF RULES REGARDING |
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HEALTH AND SAFETY AND LICENSING. |
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SECTION 11. Section 2306.931(e), Government Code, is |
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amended to read as follows: |
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(e) The board by rule shall adopt minimum standards for |
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issuing, revoking, or suspending a license issued under this |
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subchapter, including rules that provide for the immediate |
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suspension or revocation of a license for certain violations that |
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constitute threats to the health and safety of persons living in |
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migrant labor housing facilities. |
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SECTION 12. Subchapter LL, Chapter 2306, Government Code, |
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is amended by amending Section 2306.933 and adding Sections |
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2306.934, 2306.935, and 2306.936 to 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 [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 who, at the time of |
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the violation, lived in the migrant labor housing facility that is |
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the subject of the violation. |
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(c) 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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(d) 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. ATTORNEY'S FEES. A person against whom a |
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civil penalty is assessed under Section 2306.933 is liable for |
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paying the costs and attorney's fees of the person who brought the |
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action under Section 2306.933(b). |
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Sec. 2306.935. RETALIATION PROHIBITED. A person who owns, |
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establishes, maintains, operates, procures, makes arrangements |
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for, or otherwise provides a migrant labor housing facility, a |
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person who employs a migrant agricultural worker who occupies a |
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migrant labor housing facility, or a farm labor contractor may not |
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retaliate against a person for filing a complaint or providing |
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information in good faith relating to a possible violation of this |
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subchapter. |
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Sec. 2306.936. 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 13. 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 14. (a) Except as provided by Subsection (b) of |
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this section, the change in law made by this Act applies only to an |
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administrative or regulatory action taken on or after the effective |
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date of this Act. An administrative or regulatory action taken |
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before the effective date of this Act is governed by the law |
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applicable to the administrative or regulatory action immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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(b) The change in law made by this Act in amending Section |
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2306.933, Government Code, and adding Section 2306.934, Government |
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Code, applies only to a violation that occurs on or after the |
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effective date of this Act. A violation occurs before the effective |
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date of this Act if any element of the violation occurs before that |
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date. A violation that occurs before the effective date of this Act |
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is governed by the law in effect on the date the violation occurred, |
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and the former law is continued in effect for that purpose. |
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SECTION 15. This Act takes effect September 1, 2023. |