Texas 2017 - 85th Regular

Texas House Bill HB2365 Compare Versions

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1	1	85R19166 JAM-F
2	2	By: Romero, Jr. H.B. No. 2365
3	3	Substitute the following for H.B. No. 2365:
4	4	By: Alvarado C.S.H.B. No. 2365
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of migrant labor housing facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2306.922, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 2306.922. LICENSE REQUIRED. A person may not:
14	14	(1) establish, maintain, or operate a migrant labor
15	15	housing facility without obtaining a license for the facility from
16	16	the department; or
17	17	(2) procure, make arrangements for, or otherwise
18	18	provide housing for migrant agricultural workers without ensuring
19	19	that the applicable migrant labor housing facility is licensed
20	20	under this subchapter.
21	21	SECTION 2. The heading to Section 2306.923, Government
22	22	Code, is amended to read as follows:
23	23	Sec. 2306.923. LICENSE APPLICATION; FEE [APPLICATION
24	24	INSPECTION].
25	25	SECTION 3. Section 2306.923, Government Code, is amended by
26	26	amending Subsection (d) and adding Subsection (e) to read as
27	27	follows:
28	28	(d) The application must be accompanied by a [the] license
29	29	fee in an amount established by board rule.
30	30	(e) A fee collected under this section shall be deposited to
31	31	the credit of the general revenue fund and may be appropriated to
32	32	the department for the enforcement of this subchapter.
33	33	SECTION 4. The heading to Section 2306.924, Government
34	34	Code, is amended to read as follows:
35	35	Sec. 2306.924. PRE-OCCUPATION INSPECTION.
36	36	SECTION 5. Section 2306.925(a), Government Code, is amended
37	37	to read as follows:
38	38	(a) If a migrant labor housing facility for which a license
39	39	application is made does not meet the reasonable minimum standards
40	40	of construction, sanitation, equipment, and operation required by
41	41	rules adopted under this subchapter, the department at the time of
42	42	inspection shall give the license applicant in writing the reasons
43	43	that the facility does not meet those standards. The applicant may
44	44	remedy the deficiency and request the department to reinspect the
45	45	facility not later than the 10th [60th] day after the date on which
46	46	the reasons are given.
47	47	SECTION 6. Section 2306.926(b), Government Code, is amended
48	48	to read as follows:
49	49	(b) The license expires on the first anniversary of the date
50	50	of issuance. Not later than the 60th day before the date a license
51	51	is scheduled to expire, the department shall give notice of the
52	52	expiration to the license holder.
53	53	SECTION 7. Subchapter LL, Chapter 2306, Government Code, is
54	54	amended by adding Section 2306.9261 to read as follows:
55	55	Sec. 2306.9261. THIRD-PARTY APPEAL OF LICENSE
56	56	DETERMINATION. The department by rule shall adopt procedures
57	57	through which third parties, including migrant agricultural
58	58	workers and advocacy groups, may appeal the issuance or denial of a
59	59	license or the imposition of a condition on a license.
60	60	SECTION 8. Subchapter LL, Chapter 2306, Government Code, is
61	61	amended by amending Sections 2306.927, 2306.928, and 2306.929 and
62	62	adding Section 2306.9281 to read as follows:
63	63	Sec. 2306.927. [LICENSE] POSTING OF LICENSE AND COMPLAINT
64	64	INFORMATION. A person who holds a license issued under this
65	65	subchapter shall post [the license] in the licensed migrant labor
66	66	housing facility at all times during the maintenance or operation
67	67	of the facility a copy of:
68	68	(1) the license; and
69	69	(2) information describing in English and Spanish the
70	70	complaint procedures provided by Section 2306.929.
71	71	Sec. 2306.928. INSPECTION OF FACILITIES. (a) Before
72	72	conducting an inspection of a migrant labor housing facility under
73	73	this section, an authorized representative of the department must
74	74	give or make a reasonable attempt to give notice to the persons who:
75	75	(1) are the providers of the facility, based on
76	76	evidence available to the department; and
77	77	(2) if applicable, are alleged to be the providers of
78	78	the facility in any complaint filed under this chapter.
79	79	(b) An authorized representative of the department, after
80	80	giving or making a reasonable attempt to give notice under
81	81	Subsection (a):
82	82	(1) shall inspect the facility:
83	83	(A) on receipt of a complaint under Section
84	84	2306.929, including a report of an unlicensed migrant labor housing
85	85	facility; and
86	86	(B) at least once during the probable period of
87	87	use of the facility as stated under Section 2306.923(c)(3); and
88	88	(2) [to the operator of a migrant labor housing
89	89	facility,] may otherwise enter and inspect the facility during
90	90	reasonable hours and investigate conditions, practices, or other
91	91	matters as necessary or appropriate to determine whether a person
92	92	has violated this subchapter or a rule adopted under this
93	93	subchapter.
94	94	(c) In addition to the inspections required under
95	95	Subsection (b)(1), the department by rule shall establish an annual
96	96	quota of proactive inspections of suspected unlicensed or
97	97	noncompliant migrant labor housing facilities. The quota
98	98	established under this subsection may not be less than 50 percent of
99	99	the number of migrant labor housing facilities licensed under this
100	100	subchapter in the preceding state fiscal year.
101	101	(d) During an inspection conducted under Subsection (b)(1),
102	102	the inspector shall:
103	103	(1) conduct interviews with not less than 10 percent
104	104	of the occupants of the facility, including any person who
105	105	submitted a complaint requiring the inspection under Subsection
106	106	(b)(1)(A), if known;
107	107	(2) make written notes regarding the inspection at the
108	108	time of the inspection or immediately after the inspection; and
109	109	(3) take photographs of any violations.
110	110	(e) An interview under Subsection (d)(1) must be conducted:
111	111	(1) after working hours or on rest days, to the extent
112	112	possible; and
113	113	(2) out of the presence of any person who owns or
114	114	establishes or who maintains, operates, or otherwise provides the
115	115	migrant labor housing facility or any person who employs the
116	116	migrant agricultural workers occupying the facility.
117	117	Sec. 2306.9281. INSPECTION REPORT. (a) After an
118	118	inspection, the inspector shall submit to the department a report
119	119	containing:
120	120	(1) a narrative regarding the alleged violation and
121	121	the methods used to investigate the alleged violation;
122	122	(2) a determination of whether the alleged violation,
123	123	or any other violation, exists; and
124	124	(3) evidence supporting the determination made under
125	125	Subdivision (2), including any photographs taken under Section
126	126	2306.928(d)(3).
127	127	(b) A report under Subsection (a) must be made available to
128	128	the public on the department's Internet website. The department
129	129	shall redact each migrant agricultural worker's name and other
130	130	personal information contained in a report made available under
131	131	this subsection.
132	132	(c) The department by rule shall establish and require the
133	133	use of a standardized inspection report form for conducting
134	134	inspections under Section 2306.928.
135	135	Sec. 2306.929. COMPLAINTS [FEE]. (a) The department by
136	136	rule shall:
137	137	(1) establish procedures for the submission,
138	138	investigation, and resolution of complaints of alleged violations
139	139	of this subchapter, including a procedure through which other state
140	140	agencies that receive a complaint under Subsection (b)(2) can
141	141	report the complaint to the department; and
142	142	(2) adopt a standardized complaint form.
143	143	(b) The procedure established under Subsection (a)(1) must
144	144	allow the submission of complaints:
145	145	(1) anonymously or by a third party; and
146	146	(2) through the department's Internet website, in
147	147	person at any nonprofit organization that assists migrant
148	148	agricultural workers in finding employment or at any state agency,
149	149	by phone, or in writing.
150	150	(c) The form adopted under Subsection (a)(2) must allow for
151	151	the collection of information regarding:
152	152	(1) the name, address, and contact information of:
153	153	(A) the employer;
154	154	(B) the farm labor contractor; and
155	155	(C) the migrant labor housing facility provider;
156	156	(2) the address, including a unit number, and location
157	157	of the facility and directions to the facility;
158	158	(3) the number of migrant agricultural workers:
159	159	(A) currently occupying the facility; and
160	160	(B) occupying the facility during the peak period
161	161	of occupancy;
162	162	(4) the dates the facility has been occupied and the
163	163	approximate length of the season for which the facility will be
164	164	occupied;
165	165	(5) the type of work performed by the workers
166	166	occupying the facility;
167	167	(6) whether the postings required under Section
168	168	2306.927 are displayed;
169	169	(7) complaints about the facility; and
170	170	(8) any other information the department considers
171	171	necessary.
172	172	(d) The department shall consider a report regarding an
173	173	unlicensed migrant labor housing facility to be a complaint under
174	174	this section.
175	175	(e) The department shall make available to a person
176	176	submitting a complaint, if the identity of that person is known,
177	177	information regarding other housing and transportation resources
178	178	available to the person [The board shall set the license fee in an
179	179	amount not to exceed $250].
180	180	SECTION 9. Subchapter LL, Chapter 2306, Government Code, is
181	181	amended by adding Section 2306.9305 to read as follows:
182	182	Sec. 2306.9305. DUTY TO PROVIDE HOUSING ON SUSPENSION OR
183	183	REVOCATION OF LICENSE. (a) The department by rule shall establish
184	184	procedures requiring the owner or provider of a migrant labor
185	185	housing facility, on suspension or revocation of a license as
186	186	provided by Section 2306.930, to relocate or provide for the
187	187	relocation of the occupants of the facility to another facility
188	188	that:
189	189	(1) meets the occupancy standards of this subchapter;
190	190	and
191	191	(2) is located in the same area as the vacated
192	192	facility.
193	193	(b) An owner or provider required to relocate an occupant
194	194	under Subsection (a) shall pay any rental cost of the relocation
195	195	facility that exceeds the rent of the vacated facility.
196	196	SECTION 10. The heading to Section 2306.931, Government
197	197	Code, is amended to read as follows:
198	198	Sec. 2306.931. ENFORCEMENT; ADOPTION OF RULES REGARDING
199	199	HEALTH AND SAFETY AND LICENSING.
200	200	SECTION 11. Section 2306.931(e), Government Code, is
201	201	amended to read as follows:
202	202	(e) The board by rule shall adopt minimum standards for
203	203	issuing, revoking, or suspending a license issued under this
204	204	subchapter, including rules that provide for the immediate
205	205	suspension or revocation of a license for certain violations that
206	206	constitute threats to the health and safety of persons living in
207	207	migrant labor housing facilities.
208	208	SECTION 12. Subchapter LL, Chapter 2306, Government Code,
209	209	is amended by amending Section 2306.933 and adding Sections
210	210	2306.934, 2306.935, and 2306.936 to read as follows:
211	211	Sec. 2306.933. CIVIL PENALTY. (a) A person who violates
212	212	this subchapter or a rule adopted under this subchapter is subject
213	213	to a civil penalty of not less than $50 for each person occupying
214	214	the migrant labor housing facility in violation of this subchapter
215	215	[$200] for each day that the violation occurs.
216	216	(b) An [The county attorney for the county in which the
217	217	violation occurred, or the attorney general, at the request of the
218	218	department, shall bring an] action [in the name of the state] to
219	219	collect a [the] penalty under this section may be brought by:
220	220	(1) the department through the contested case hearing
221	221	process described by Section 2306.930(b);
222	222	(2) the county attorney for the county in which the
223	223	violation occurred, or the attorney general, at the request of the
224	224	department; or
225	225	(3) a migrant agricultural worker who, at the time of
226	226	the violation, lived in the migrant labor housing facility that is
227	227	the subject of the violation.
228	228	(c) The department by rule shall adopt a penalty schedule
229	229	that increases the amount of the penalty assessed against a person
230	230	who repeatedly violates this subchapter or rules adopted under this
231	231	subchapter.
232	232	(d) A penalty collected under Subsection (b)(1) or (2) shall
233	233	be deposited to the credit of the general revenue fund and may be
234	234	appropriated only to the department for the enforcement of this
235	235	subchapter.
236	236	Sec. 2306.934. ATTORNEY'S FEES. A person against whom a
237	237	civil penalty is assessed under Section 2306.933 is liable for
238	238	paying the costs and attorney's fees of the person who brought the
239	239	action under Section 2306.933(b).
240	240	Sec. 2306.935. RETALIATION PROHIBITED. A person who owns,
241	241	establishes, maintains, operates, procures, makes arrangements
242	242	for, or otherwise provides a migrant labor housing facility, a
243	243	person who employs a migrant agricultural worker who occupies a
244	244	migrant labor housing facility, or a farm labor contractor may not
245	245	retaliate against a person for filing a complaint or providing
246	246	information in good faith relating to a possible violation of this
247	247	subchapter.
248	248	Sec. 2306.936. OUTREACH AND EDUCATION. (a) The department
249	249	shall provide:
250	250	(1) to migrant agricultural workers in different
251	251	regions of the state, educational materials or programs that are
252	252	presented in English, Spanish, and other languages as appropriate
253	253	and that inform the workers of their rights and remedies under this
254	254	subchapter; and
255	255	(2) to persons who own, establish, maintain, operate,
256	256	procure, make arrangements for, or otherwise provide migrant labor
257	257	housing facilities, educational materials or programs that are
258	258	presented in English, Spanish, and other languages as appropriate
259	259	and that inform the persons of their obligations under this
260	260	subchapter.
261	261	(b) To better provide the services described by Subsection
262	262	(a), the department shall:
263	263	(1) ensure that, in each region of the state where
264	264	migrant labor housing facilities are most common, there are persons
265	265	capable of providing the information described by Subsection (a) in
266	266	English, Spanish, and other languages as appropriate; and
267	267	(2) conduct research, including by surveying migrant
268	268	agricultural workers, concerning:
269	269	(A) what types of migrant labor housing
270	270	facilities are most common in different regions of the state; and
271	271	(B) what regions of the state most need
272	272	additional or improved migrant labor housing facilities.
273	273	SECTION 13. Not later than March 1, 2018, the Texas
274	274	Department of Housing and Community Affairs shall adopt the rules
275	275	necessary to implement Subchapter LL, Chapter 2306, Government
276	276	Code, as amended by this Act.
277	277	SECTION 14. (a) Except as provided by Subsection (b) of
278	278	this section, the change in law made by this Act applies only to an
279	279	administrative or regulatory action taken on or after the effective
280	280	date of this Act. An administrative or regulatory action taken
281	281	before the effective date of this Act is governed by the law
282	282	applicable to the administrative or regulatory action immediately
283	283	before the effective date of this Act, and that law is continued in
284	284	effect for that purpose.
285	285	(b) The change in law made by this Act in amending Section
286	286	2306.933, Government Code, and adding Section 2306.934, Government
287	287	Code, applies only to a violation that occurs on or after the
288	288	effective date of this Act. A violation occurs before the effective
289	289	date of this Act if any element of the violation occurs before that
290	290	date. A violation that occurs before the effective date of this Act
291	291	is governed by the law in effect on the date the violation occurred,
292	292	and the former law is continued in effect for that purpose.
293	293	SECTION 15. This Act takes effect September 1, 2017.