| 1 | 1 | | By: Bernal H.B. No. 195 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the regulation of migrant labor housing facilities; |
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| 7 | 7 | | changing the amount of a civil penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter LL, Chapter 2306, Government Code, is |
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| 10 | 10 | | amended by amending Section 2306.933 and adding Sections 2306.934 |
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| 11 | 11 | | and 2306.935 to read as follows: |
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| 12 | 12 | | Sec. 2306.933. CIVIL PENALTY. (a) A person who violates |
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| 13 | 13 | | this subchapter or a rule adopted under this subchapter is subject |
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| 14 | 14 | | to a civil penalty of not less than $50 for each person occupying |
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| 15 | 15 | | the migrant labor housing facility in violation of this subchapter |
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| 16 | 16 | | [$200] for each day that the violation occurs. |
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| 17 | 17 | | (b) An [The county attorney for the county in which the |
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| 18 | 18 | | violation occurred, or the attorney general, at the request of the |
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| 19 | 19 | | department, shall bring an] action [in the name of the state] to |
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| 20 | 20 | | collect a [the] penalty under this section may be brought by: |
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| 21 | 21 | | (1) the department through the contested case hearing |
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| 22 | 22 | | process described by Section 2306.930(b); |
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| 23 | 23 | | (2) the county attorney for the county in which the |
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| 24 | 24 | | violation occurred, or the attorney general, at the request of the |
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| 25 | 25 | | department; or |
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| 26 | 26 | | (3) a migrant agricultural worker who, at the time of |
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| 27 | 27 | | the violation, lived in the migrant labor housing facility that is |
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| 28 | 28 | | the subject of the violation. |
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| 29 | 29 | | (c) The department by rule shall adopt a penalty schedule |
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| 30 | 30 | | that increases the amount of the penalty assessed against a person |
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| 31 | 31 | | who repeatedly violates this subchapter or rules adopted under this |
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| 32 | 32 | | subchapter. |
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| 33 | 33 | | (d) A penalty collected under Subsection (b)(1) or (2) shall |
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| 34 | 34 | | be deposited to the credit of the general revenue fund and may be |
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| 35 | 35 | | appropriated only to the department for the enforcement of this |
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| 36 | 36 | | subchapter. |
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| 37 | 37 | | Sec. 2306.934. RETALIATION PROHIBITED. A person who owns, |
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| 38 | 38 | | establishes, maintains, operates, or otherwise provides a migrant |
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| 39 | 39 | | labor housing facility, a person who employs a migrant agricultural |
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| 40 | 40 | | worker who occupies a migrant labor housing facility, or a farm |
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| 41 | 41 | | labor contractor may not retaliate against a person for filing a |
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| 42 | 42 | | complaint or providing information in good faith relating to a |
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| 43 | 43 | | possible violation of this subchapter. |
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| 44 | 44 | | Sec. 2306.935. ATTORNEY'S FEES. The court in a suit brought |
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| 45 | 45 | | under this subchapter may award reasonable attorney's fees to the |
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| 46 | 46 | | prevailing party. |
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| 47 | 47 | | SECTION 2. Not later than March 1, 2022, the Texas |
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| 48 | 48 | | Department of Housing and Community Affairs shall adopt the rules |
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| 49 | 49 | | necessary to implement Subchapter LL, Chapter 2306, Government |
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| 50 | 50 | | Code, as amended by this Act. |
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| 51 | 51 | | SECTION 3. The change in law made by this Act in amending |
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| 52 | 52 | | Section 2306.933, Government Code, and adding Section 2306.935, |
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| 53 | 53 | | Government Code, applies only to a violation that occurs on or after |
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| 54 | 54 | | the effective date of this Act. A violation that occurs before the |
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| 55 | 55 | | effective date of this Act is governed by the law in effect on the |
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| 56 | 56 | | date the violation occurred, and the former law is continued in |
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| 57 | 57 | | effect for that purpose. For purposes of this section, a violation |
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| 58 | 58 | | occurs before the effective date of this Act if any element of the |
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| 59 | 59 | | violation occurs before that date. |
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| 60 | 60 | | SECTION 4. This Act takes effect September 1, 2021. |
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