85R3365 JG-D
By: Bernal H.B. No. 3586
A BILL TO BE ENTITLED
AN ACT
relating to funding for new and existing migrant labor housing
facilities; establishing an interagency task force to provide
support for migrant agricultural workers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.0271, Agriculture Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Financial assistance under Subsection (a) may be used
only for a project relating to:
(1) the acquisition or development of land, easements,
or rights-of-way;
(2) attracting new private enterprises to the county
or municipality, including:
(A) manufacturing facilities;
(B) freight storage facilities;
(C) distribution warehouse centers; and
(D) other nonretail private enterprises;
(3) the construction, extension, or other improvement
of:
(A) water or waste disposal facilities; [or]
(B) transportation infrastructure; or
(C) migrant labor housing facilities as defined
by Section 2306.921, Government Code; or
(4) any other activity relating to private economic
development that the commissioner determines will encourage
economic and infrastructure development in a rural area.
(b-1) Financial assistance for projects described by
Subsection (b)(3)(C) may only be awarded if the commissioner
determines that the construction, extension, or improvement of
migrant labor housing facilities will result in the creation and
retention of jobs for migrant agricultural workers on a recurring
basis or will otherwise encourage economic development in the area.
In this subsection, "migrant agricultural worker" has the meaning
assigned by Section 2306.921, Government Code.
SECTION 2. Section 12.046, Agriculture Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) The fund may be used by the department only to:
(1) pay for grants or loans to public or private
entities for projects in rural communities that have strong local
support, provide positive return on the state's investment, and
stimulate one or more of the following:
(A) local entrepreneurship;
(B) job creation or retention;
(C) new capital investment;
(D) strategic economic development planning;
(E) individual economic and community
development leadership training;
(F) housing development, including the
development of migrant labor housing facilities as defined by
Section 2306.921, Government Code; or
(G) innovative workforce education; and
(2) administer the grant and loan program under this
section.
(c-1) Grants or loans for projects related to migrant labor
housing facilities described by Subsection (c)(1)(F) may only be
awarded for the purpose of establishing, maintaining, or operating
a migrant labor housing facility if the recipient of the grant or
loan commits to creating and retaining jobs for migrant
agricultural workers on a recurring basis. In this subsection,
"migrant agricultural worker" has the meaning assigned by Section
2306.921, Government Code.
SECTION 3. Section 481.078, Government Code, is amended by
amending Subsection (c) and adding Subsection (d-2) to read as
follows:
(c) Except as provided by Subsections (d), [and] (d-1), and
(d-2), the fund may be used only for economic development,
infrastructure development, community development, job training
programs, and business incentives.
(d-2) Money from the fund may be used by a farmer to
establish, maintain, or operate a migrant labor housing facility.
The governor may transfer appropriations from the fund to the Texas
Department of Housing and Community Affairs to award grants for a
purpose specified by this subsection. Subsections (e-1), (f),
(f-1), (f-2), (g), (h), (h-1), (i), and (j) and Section 481.080 do
not apply to a grant awarded for a purpose specified by this
subsection. In this subsection, "farmer" means the owner or
operator of an agricultural facility that is licensed as a migrant
labor housing facility under Subchapter LL, Chapter 2306, or the
owner or operator of an agricultural facility who seeks to
establish a new migrant labor housing facility requiring licensure
under that subchapter.
SECTION 4. Subchapter DD, Chapter 2306, Government Code, is
amended by adding Section 2306.67141 to read as follows:
Sec. 2306.67141. MIGRANT LABOR HOUSING FACILITY SET-ASIDE.
(a) In this section:
(1) "Migrant labor housing facility" has the meaning
assigned by Section 2306.921.
(2) "Person" has the meaning assigned by Section
2306.921.
(b) The department shall set aside for eligible persons a
portion, as determined by department rule, of the housing tax
credits available for allocation in the calendar year.
(c) A person is eligible to be awarded the housing tax
credits set aside under Subsection (b) if the person:
(1) has applied to receive federal financial
assistance under Section 514 or 516, Housing Act of 1949 (42 U.S.C.
Section 1484 or 1486); or
(2) has received federal financial assistance
provided under Section 514 or 516, Housing Act of 1949 (42 U.S.C.
Section 1484 or 1486).
(d) The department shall develop threshold, scoring, and
underwriting criteria for applications from persons eligible to be
awarded the set-aside.
(e) An allocation of housing tax credits under Subsection
(c)(1) is conditional on the actual receipt of federal financial
assistance provided under Section 514 or 516, Housing Act of 1949
(42 U.S.C. Section 1484 or 1486). If an eligible person does not
receive the assistance required by this subsection, the department
shall rescind the allocation of housing tax credits and award those
credits to another eligible person described by Subsection (c).
(f) Any amount of housing tax credits set aside under this
section that remains after the initial allocation of housing tax
credits is available for allocation to any eligible applicant as
provided by the qualified allocation plan.
SECTION 5. Subchapter LL, Chapter 2306, Government Code, is
amended by adding Sections 2306.934, 2306.935, and 2306.936 to read
as follows:
Sec. 2306.934. FARMER INCENTIVE PROGRAM. (a) In this
section, "farmer" means the owner or operator of an agricultural
facility who seeks to establish, maintain, or operate a migrant
labor housing facility under this subchapter.
(b) The department shall develop and administer an
incentive program for farmers who have applied to receive federal
financial assistance provided under Section 514 of the Housing Act
of 1949 (42 U.S.C. Section 1484).
Sec. 2306.935. CONDITIONAL FORWARD COMMITMENT OF FUNDS.
(a) The department shall establish a fund in the department for the
conditional forward commitment of funds to establish migrant labor
housing facilities. The department may contribute money to the
fund from any available source of revenue that the department
considers appropriate, including money allocated to the department
under the federal HOME Investment Partnerships program established
under Title II of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. Section 12701 et seq.), money allocated to the
department under the community development block grant program
authorized by Title I of the Housing and Community Development Act
of 1974 (42 U.S.C. Section 5301 et seq.), and money from the housing
trust fund under Section 2306.201.
(b) A person licensed under this subchapter and who has
applied to receive federal financial assistance provided under
Section 514 or 516, Housing Act of 1949 (42 U.S.C. Section 1484 or
1486), is eligible to be awarded a conditional forward commitment
of funds.
(c) An award of a forward commitment of funds under this
section is conditional on the actual receipt of federal financial
assistance provided under Section 514 or 516, Housing Act of 1949
(42 U.S.C. Section 1484 or 1486). If a person licensed under this
subchapter does not receive the assistance required by this
subsection, the department shall rescind the award.
(d) The department shall develop threshold, scoring, and
underwriting criteria for applications from persons who are
licensed under this subchapter.
Sec. 2306.936. INTERAGENCY TASK FORCE. (a) The department
shall establish an interagency task force to coordinate efforts to
improve housing conditions and housing options for migrant
agricultural workers.
(b) The interagency task force shall:
(1) help coordinate interagency efforts to improve
housing conditions and housing options for migrant agricultural
workers;
(2) provide migrant agricultural workers with
information regarding available support services;
(3) establish a complaint system for migrant
agricultural workers to report poor housing conditions or poor
treatment;
(4) investigate complaints made by migrant
agricultural workers using the complaint system established under
Subdivision (3); and
(5) create strategies to increase the number of
migrant labor housing facilities.
(c) The interagency task force shall be composed of the
following nine members:
(1) one representative of the department who is
designated by the director of the department;
(2) one representative of the Texas Department of
Agriculture who is designated by the commissioner of the Texas
Department of Agriculture;
(3) one representative of the Health and Human
Services Commission who is designated by the executive commissioner
of the Health and Human Services Commission;
(4) one representative of a local workforce
development board who is designated by the executive director of
the Texas Workforce Commission;
(5) one representative from a nonprofit provider of
affordable housing who is designated by the governor;
(6) one representative from a nonprofit representing
migrant agricultural workers who is designated by the governor; and
(7) three migrant agricultural worker advocates who
are designated by the governor.
(d) The governor shall designate a member of the interagency
task force to serve as presiding officer.
(e) A vacancy on the interagency task force shall be filled
in the same manner as the initial appointment.
(f) A member on the interagency task force may not receive
compensation for service on the task force, but is entitled to
reimbursement for actual and necessary expenses incurred in
performing task force duties.
(g) The interagency task force may accept gifts and grants
from any source to be used to carry out a function of the task force.
(h) The interagency task force shall meet at least quarterly
at the call of the presiding officer and at other times as
determined by the presiding officer.
(i) Not later than December 1 of each even-numbered year,
the interagency task force shall prepare and submit to the
governor, the lieutenant governor, and the speaker of the house of
representatives a report with recommendations on improving housing
conditions and housing options for migrant agricultural workers.
SECTION 6. This Act takes effect September 1, 2017.