Texas 2017 - 85th Regular

Texas Senate Bill SB1025 Compare Versions

Only one version of the bill is available at this time.

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1	1	85R3262 JAM-D
2	2	By: Rodríguez, Hinojosa S.B. No. 1025
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of migrant labor housing facilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2306.921(3), Government Code, is amended
10	10	to read as follows:
11	11	(3) "Migrant labor housing facility" means a facility
12	12	that is established, operated, or used for more than three days as
13	13	living quarters for [two or more seasonal, temporary, or migrant
14	14	families or] three or more [seasonal, temporary, or] migrant
15	15	agricultural workers, whether rent is paid or reserved in
16	16	connection with the use of the facility.
17	17	SECTION 2. Section 2306.922, Government Code, is amended to
18	18	read as follows:
19	19	Sec. 2306.922. LICENSE REQUIRED. A person may not:
20	20	(1) establish, maintain, or operate a migrant labor
21	21	housing facility without obtaining a license for the facility from
22	22	the department; or
23	23	(2) otherwise provide housing for migrant
24	24	agricultural workers without ensuring that the migrant labor
25	25	housing facility is licensed under this subchapter.
26	26	SECTION 3. The heading to Section 2306.923, Government
27	27	Code, is amended to read as follows:
28	28	Sec. 2306.923. LICENSE APPLICATION; FEE [APPLICATION
29	29	INSPECTION].
30	30	SECTION 4. Section 2306.923(d), Government Code, is amended
31	31	to read as follows:
32	32	(d) The application must be accompanied by a [the] license
33	33	fee in an amount established by board rule.
34	34	SECTION 5. The heading to Section 2306.924, Government
35	35	Code, is amended to read as follows:
36	36	Sec. 2306.924. PRE-OCCUPATION INSPECTION.
37	37	SECTION 6. Section 2306.925(a), Government Code, is amended
38	38	to read as follows:
39	39	(a) If a migrant labor housing facility for which a license
40	40	application is made does not meet the reasonable minimum standards
41	41	of construction, sanitation, equipment, and operation required by
42	42	rules adopted under this subchapter, the department at the time of
43	43	inspection shall give the license applicant in writing the reasons
44	44	that the facility does not meet those standards. The applicant may
45	45	remedy the deficiency and request the department to reinspect the
46	46	facility not later than the 10th [60th] day after the date on which
47	47	the reasons are given.
48	48	SECTION 7. Section 2306.926(b), Government Code, is amended
49	49	to read as follows:
50	50	(b) The license expires on the first anniversary of the date
51	51	of issuance. Not later than the 60th day before the date a license
52	52	is scheduled to expire, the department shall give notice of the
53	53	expiration to the license holder.
54	54	SECTION 8. Subchapter LL, Chapter 2306, Government Code, is
55	55	amended by adding Section 2306.9261 to read as follows:
56	56	Sec. 2306.9261. THIRD-PARTY APPEAL OF LICENSE
57	57	DETERMINATION. The department by rule shall adopt procedures
58	58	through which third parties, including migrant agricultural
59	59	workers and advocacy groups, may appeal the issuance or denial of a
60	60	license or the imposition of a condition on a license.
61	61	SECTION 9. Subchapter LL, Chapter 2306, Government Code, is
62	62	amended by amending Sections 2306.927, 2306.928, and 2306.929 and
63	63	adding Section 2306.9281 to read as follows:
64	64	Sec. 2306.927. [LICENSE] POSTING OF LICENSE AND COMPLAINT
65	65	INFORMATION. A person who holds a license issued under this
66	66	subchapter shall post [the license] in the licensed migrant labor
67	67	housing facility at all times during the maintenance or operation
68	68	of the facility a copy of:
69	69	(1) the license; and
70	70	(2) information describing in English and Spanish the
71	71	complaint procedures provided by Section 2306.929.
72	72	Sec. 2306.928. INSPECTION OF FACILITIES. (a) An
73	73	authorized representative of the department, after giving or making
74	74	a reasonable attempt to give notice to the provider [operator] of a
75	75	migrant labor housing facility:
76	76	(1) shall inspect the facility:
77	77	(A) on receipt of a complaint under Section
78	78	2306.929, including a report of an unlicensed migrant labor housing
79	79	facility; and
80	80	(B) at least once during the probable period of
81	81	use of the facility as stated under Section 2306.923(c)(3); and
82	82	(2) [,] may otherwise enter and inspect the facility
83	83	during reasonable hours and investigate conditions, practices, or
84	84	other matters as necessary or appropriate to determine whether a
85	85	person has violated this subchapter or a rule adopted under this
86	86	subchapter.
87	87	(b) In addition to the inspections required under
88	88	Subsection (a)(1), the department by rule shall establish an annual
89	89	quota of proactive inspections of suspected unlicensed or
90	90	noncompliant migrant labor housing facilities.
91	91	(c) During an inspection conducted under Subsection (a)(1),
92	92	the inspector shall:
93	93	(1) conduct interviews with occupants of the facility,
94	94	including any person who submitted a complaint requiring the
95	95	inspection under Subsection(a)(1)(A), if known; and
96	96	(2) take photographs of any violations.
97	97	(d) An interview under Subsection (c)(1) must be conducted:
98	98	(1) after working hours or on rest days, to the extent
99	99	possible; and
100	100	(2) out of the presence of a person who owns or
101	101	establishes or who maintains, operates, or otherwise provides the
102	102	migrant labor housing facility and a person who employs the migrant
103	103	agricultural workers occupying the facility.
104	104	Sec. 2306.9281. INSPECTION REPORT. (a) After an
105	105	inspection, the inspector shall submit to the department a report
106	106	containing:
107	107	(1) a narrative regarding the alleged violation and
108	108	the methods used to investigate the alleged violation;
109	109	(2) a determination of whether the alleged violation,
110	110	or any other violation, exists; and
111	111	(3) evidence supporting the determination made under
112	112	Subdivision (2), including any photographs taken under Section
113	113	2306.928(c)(2).
114	114	(b) A report under Subsection (a) must be made available to
115	115	the public on the department's Internet website. The department
116	116	shall redact each migrant agricultural worker's name and other
117	117	personal information contained in a report made available under
118	118	this subsection.
119	119	(c) The department by rule shall establish a standardized
120	120	inspection report form for use in conducting inspections under
121	121	Section 2306.928.
122	122	Sec. 2306.929. COMPLAINTS [FEE]. (a) The department by
123	123	rule shall:
124	124	(1) establish procedures for the submission,
125	125	investigation, and resolution of complaints of alleged violations
126	126	of this subchapter, including a procedure through which other state
127	127	agencies that receive a complaint under Subsection (b)(2) can
128	128	report the complaint to the department; and
129	129	(2) adopt a standardized complaint form.
130	130	(b) The procedure established under Subsection (a)(1) must
131	131	allow the submission of complaints:
132	132	(1) anonymously or by a third party; and
133	133	(2) through the department's Internet website, in
134	134	person at any nonprofit organization that assists migrant
135	135	agricultural workers in finding employment or at any state agency,
136	136	by phone, or in writing.
137	137	(c) The form adopted under Subsection (a)(2) must allow for
138	138	the collection of information regarding:
139	139	(1) the name, address, and contact information of:
140	140	(A) the employer;
141	141	(B) the farm labor contractor; and
142	142	(C) the migrant labor housing facility provider;
143	143	(2) the address and location of and directions to the
144	144	facility;
145	145	(3) the number of migrant agricultural workers:
146	146	(A) currently occupying the facility; and
147	147	(B) occupying the facility during the peak period
148	148	of occupancy;
149	149	(4) the dates the facility has been occupied and the
150	150	approximate length of the season for which the facility will be
151	151	occupied;
152	152	(5) the type of work performed by the workers
153	153	occupying the facility;
154	154	(6) whether the postings required under Section
155	155	2306.927 are displayed;
156	156	(7) complaints about the facility; and
157	157	(8) any other information the department considers
158	158	necessary.
159	159	(d) The department shall consider a report regarding an
160	160	unlicensed migrant labor housing facility to be a complaint under
161	161	this section.
162	162	(e) The department shall make available to a person
163	163	submitting a complaint, if the identity of that person is known,
164	164	information regarding other housing and transportation resources
165	165	available to the person [The board shall set the license fee in an
166	166	amount not to exceed $250].
167	167	SECTION 10. Subchapter LL, Chapter 2306, Government Code,
168	168	is amended by adding Section 2306.9305 to read as follows:
169	169	Sec. 2306.9305. DUTY TO PROVIDE HOUSING ON SUSPENSION OR
170	170	REVOCATION OF LICENSE. (a) The department by rule shall establish
171	171	procedures requiring the owner or provider of a migrant labor
172	172	housing facility, on suspension or revocation of a license as
173	173	provided by Section 2306.930, to relocate or provide for the
174	174	relocation of the occupants of the facility to another facility
175	175	that:
176	176	(1) meets the occupancy standards of this subchapter;
177	177	and
178	178	(2) is located in the same area as the vacated
179	179	facility.
180	180	(b) An owner or provider required to relocate an occupant
181	181	under Subsection (a) shall pay any rental cost of the relocation
182	182	facility that exceeds the rent of the vacated facility.
183	183	SECTION 11. The heading to Section 2306.931, Government
184	184	Code, is amended to read as follows:
185	185	Sec. 2306.931. ENFORCEMENT; ADOPTION OF RULES REGARDING
186	186	HEALTH AND SAFETY AND LICENSING.
187	187	SECTION 12. Section 2306.931(e), Government Code, is
188	188	amended to read as follows:
189	189	(e) The board by rule shall adopt minimum standards for
190	190	issuing, revoking, or suspending a license issued under this
191	191	subchapter, including rules that provide for the immediate
192	192	suspension or revocation of a license for certain violations that
193	193	constitute severe threats to the health and safety of persons
194	194	living in migrant labor housing facilities.
195	195	SECTION 13. Subchapter LL, Chapter 2306, Government Code,
196	196	is amended by amending Section 2306.933 and adding Sections
197	197	2306.934, 2306.935, and 2306.936 to read as follows:
198	198	Sec. 2306.933. CIVIL PENALTY. (a) A person who violates
199	199	this subchapter or a rule adopted under this subchapter is subject
200	200	to a civil penalty of not less than $50 for each person occupying
201	201	the migrant labor housing facility in violation of this subchapter
202	202	[$200] for each day that the violation occurs.
203	203	(b) An [The county attorney for the county in which the
204	204	violation occurred, or the attorney general, at the request of the
205	205	department, shall bring an] action [in the name of the state] to
206	206	collect a [the] penalty under this section may be brought by:
207	207	(1) the department through the contested case hearing
208	208	process described by Section 2306.930(b);
209	209	(2) the county attorney for the county in which the
210	210	violation occurred, or the attorney general, at the request of the
211	211	department; or
212	212	(3) a migrant agricultural worker who, at the time of
213	213	the violation, lived in the migrant labor housing facility that is
214	214	the subject of the violation.
215	215	(c) The department by rule shall adopt a penalty schedule
216	216	that increases the amount of the penalty assessed against a person
217	217	who repeatedly violates this subchapter or rules adopted under this
218	218	subchapter.
219	219	(d) A penalty collected under Subsection (b)(1) or (2) shall
220	220	be deposited to the credit of the general revenue fund and may be
221	221	appropriated only to the department for the enforcement of this
222	222	subchapter.
223	223	Sec. 2306.934. RETALIATION PROHIBITED. A person who owns,
224	224	establishes, maintains, operates, or otherwise provides a migrant
225	225	labor housing facility, a person who employs a migrant agricultural
226	226	worker who occupies a migrant labor housing facility, or a farm
227	227	labor contractor may not retaliate against a person for filing a
228	228	complaint or providing information in good faith relating to a
229	229	possible violation of this subchapter.
230	230	Sec. 2306.935. ATTORNEY'S FEES. The court in a suit brought
231	231	under this subchapter may award reasonable attorney's fees to the
232	232	prevailing party.
233	233	Sec. 2306.936. OUTREACH AND EDUCATION. (a) The department
234	234	shall provide:
235	235	(1) to migrant agricultural workers in different
236	236	regions of the state, educational materials or programs in English
237	237	and Spanish informing the workers of their rights and remedies
238	238	under this subchapter; and
239	239	(2) to persons who own, establish, maintain, operate,
240	240	or otherwise provide migrant labor housing facilities, educational
241	241	materials or programs in English and Spanish informing the persons
242	242	of their obligations under this subchapter.
243	243	(b) To better provide the services described by Subsection
244	244	(a), the department shall:
245	245	(1) ensure that, in each region of the state where
246	246	migrant labor housing facilities are most common, there are persons
247	247	capable of providing in English and Spanish the information
248	248	described by Subsection (a); and
249	249	(2) conduct research, including by surveying migrant
250	250	agricultural workers, concerning:
251	251	(A) what types of migrant labor housing
252	252	facilities are most common in different regions of the state; and
253	253	(B) what regions of the state most need
254	254	additional or improved migrant labor housing facilities.
255	255	SECTION 14. Not later than March 1, 2018, the Texas
256	256	Department of Housing and Community Affairs shall adopt the rules
257	257	necessary to implement Subchapter LL, Chapter 2306, Government
258	258	Code, as amended by this Act.
259	259	SECTION 15. (a) Except as provided by Subsection (b) of
260	260	this section, the change in law made by this Act applies only to an
261	261	administrative or regulatory action taken on or after the effective
262	262	date of this Act. An administrative or regulatory action taken
263	263	before the effective date of this Act is governed by the law
264	264	applicable to the administrative or regulatory action immediately
265	265	before the effective date of this Act, and that law is continued in
266	266	effect for that purpose.
267	267	(b) The change in law made by this Act in amending Section
268	268	2306.933, Government Code, and adding Section 2306.935, Government
269	269	Code, applies only to a violation that occurs on or after the
270	270	effective date of this Act. A violation occurs before the effective
271	271	date of this Act if any element of the violation occurs before that
272	272	date. A violation that occurs before the effective date of this Act
273	273	is governed by the law in effect on the date the violation occurred,
274	274	and the former law is continued in effect for that purpose.
275	275	SECTION 16. This Act takes effect September 1, 2017.