Texas 2021 - 87th Regular

Texas House Bill HB862 Compare Versions

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

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1	1	87R3733 JAM-F
2	2	By: Romero, Jr. H.B. No. 862
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	authorizing an increase in the amount of a fee; changing the amount
9	9	of a civil penalty.
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 Subsections (e), (f), and (g) to
27	27	read as follows:
28	28	(d) An applicant who seeks to substitute an inspection
29	29	conducted by the United States Department of Labor or the Texas
30	30	Workforce Commission for a pre-occupation inspection conducted by
31	31	the department under Section 2306.924 must include with the
32	32	application:
33	33	(1) individualized affirmations regarding the
34	34	facility's compliance with each state standard established by this
35	35	subchapter; and
36	36	(2) electronically submitted digital images of the
37	37	facility that hold metadata verifying when and where the images
38	38	were taken.
39	39	(e) The department shall prescribe the form and manner of an
40	40	application made under this section.
41	41	(f) The application must be accompanied by a reasonable
42	42	[the] license fee established by the board by rule in an amount
43	43	sufficient to cover the costs of administering this subchapter,
44	44	including costs associated with conducting inspections and
45	45	reinspections under this subchapter.
46	46	(g) A fee collected under this section shall be deposited to
47	47	the credit of the general revenue fund and may be appropriated to
48	48	the department for the administration of this subchapter.
49	49	SECTION 4. The heading to Section 2306.924, Government
50	50	Code, is amended to read as follows:
51	51	Sec. 2306.924. PRE-OCCUPATION INSPECTION.
52	52	SECTION 5. Section 2306.925(a), Government Code, is amended
53	53	to read as follows:
54	54	(a) If a migrant labor housing facility for which a license
55	55	application is made does not meet the reasonable minimum standards
56	56	of construction, sanitation, equipment, and operation required by
57	57	rules adopted under this subchapter, the department at the time of
58	58	inspection shall give the license applicant in writing the reasons
59	59	that the facility does not meet those standards. The applicant may
60	60	remedy the deficiency and request the department to reinspect the
61	61	facility not later than the 10th [60th] day after the date on which
62	62	the reasons are given.
63	63	SECTION 6. Section 2306.926(b), Government Code, is amended
64	64	to read as follows:
65	65	(b) The license expires on the first anniversary of the date
66	66	of issuance. Not later than the 60th day before the date a license
67	67	is scheduled to expire, the department shall give notice of the
68	68	expiration to the license holder.
69	69	SECTION 7. Subchapter LL, Chapter 2306, Government Code, is
70	70	amended by adding Section 2306.9261 to read as follows:
71	71	Sec. 2306.9261. THIRD-PARTY APPEAL OF LICENSE
72	72	DETERMINATION. The department by rule shall adopt procedures
73	73	through which third parties, including migrant agricultural
74	74	workers and advocacy groups, may appeal the issuance or denial of a
75	75	license or the imposition of a condition on a license.
76	76	SECTION 8. Subchapter LL, Chapter 2306, Government Code, is
77	77	amended by amending Sections 2306.927, 2306.928, and 2306.929 and
78	78	adding Section 2306.9281 to read as follows:
79	79	Sec. 2306.927. [LICENSE] POSTING OF LICENSE AND COMPLAINT
80	80	INFORMATION. A person who holds a license issued under this
81	81	subchapter shall post [the license] in the licensed migrant labor
82	82	housing facility at all times during the maintenance or operation
83	83	of the facility a copy of:
84	84	(1) the license; and
85	85	(2) information describing in English and Spanish the
86	86	complaint procedures provided by Section 2306.929.
87	87	Sec. 2306.928. INSPECTION OF FACILITIES. (a) Before
88	88	conducting an inspection of a migrant labor housing facility under
89	89	this section, an authorized representative of the department must
90	90	give or make a reasonable attempt to give notice to the persons who:
91	91	(1) are the providers of the facility, based on
92	92	evidence available to the department; and
93	93	(2) if applicable, are alleged to be the providers of
94	94	the facility in any complaint filed under this chapter.
95	95	(b) An authorized representative of the department, after
96	96	giving or making a reasonable attempt to give notice under
97	97	Subsection (a):
98	98	(1) shall inspect the facility:
99	99	(A) on receipt of a complaint under Section
100	100	2306.929, including a report of an unlicensed migrant labor housing
101	101	facility; and
102	102	(B) at least once during the probable period of
103	103	use of the facility as stated under Section 2306.923(c)(3); and
104	104	(2) [to the operator of a migrant labor housing
105	105	facility,] may otherwise enter and inspect the facility during
106	106	reasonable hours and investigate conditions, practices, or other
107	107	matters as necessary or appropriate to determine whether a person
108	108	has violated this subchapter or a rule adopted under this
109	109	subchapter.
110	110	(c) In addition to the inspections required under
111	111	Subsection (b)(1), the department by rule shall establish an annual
112	112	quota of proactive inspections of suspected unlicensed or
113	113	noncompliant migrant labor housing facilities. The quota
114	114	established under this subsection may not be less than 50 percent of
115	115	the number of migrant labor housing facilities licensed under this
116	116	subchapter in the preceding state fiscal year.
117	117	(d) During an inspection conducted under Subsection (b)(1),
118	118	the inspector shall:
119	119	(1) conduct interviews with not less than 10 percent
120	120	of the occupants of the facility, including any person who
121	121	submitted a complaint requiring the inspection under Subsection
122	122	(b)(1)(A), if known;
123	123	(2) make written notes regarding the inspection at the
124	124	time of the inspection or immediately after the inspection; and
125	125	(3) take photographs of any violations.
126	126	(e) An interview under Subsection (d)(1) must be conducted:
127	127	(1) after working hours or on rest days, to the extent
128	128	possible; and
129	129	(2) out of the presence of any person who owns or
130	130	establishes or who maintains, operates, or otherwise provides the
131	131	migrant labor housing facility or any person who employs the
132	132	migrant agricultural workers occupying the facility.
133	133	Sec. 2306.9281. INSPECTION REPORT. (a) After an
134	134	inspection, the inspector shall submit to the department a report
135	135	containing:
136	136	(1) a narrative regarding the alleged violation and
137	137	the methods used to investigate the alleged violation;
138	138	(2) a determination of whether the alleged violation,
139	139	or any other violation, exists; and
140	140	(3) evidence supporting the determination made under
141	141	Subdivision (2), including any photographs taken under Section
142	142	2306.928(d)(3).
143	143	(b) A report under Subsection (a) must be made available to
144	144	the public on the department's Internet website. The department
145	145	shall redact each migrant agricultural worker's name and other
146	146	personal information contained in a report made available under
147	147	this subsection.
148	148	(c) The department by rule shall establish and require the
149	149	use of a standardized inspection report form for conducting
150	150	inspections under Section 2306.928.
151	151	Sec. 2306.929. COMPLAINTS [FEE]. (a) The department by
152	152	rule shall:
153	153	(1) establish procedures for the submission,
154	154	investigation, and resolution of complaints of alleged violations
155	155	of this subchapter, including a procedure through which other state
156	156	agencies that receive a complaint under Subsection (b)(2) can
157	157	report the complaint to the department; and
158	158	(2) adopt a standardized complaint form.
159	159	(b) The procedures established under Subsection (a)(1) must
160	160	allow the submission of complaints:
161	161	(1) anonymously or by a third party; and
162	162	(2) through the department's Internet website, in
163	163	person at any nonprofit organization that assists migrant
164	164	agricultural workers in finding employment or at any state agency,
165	165	by telephone, or in writing.
166	166	(c) The form adopted under Subsection (a)(2) must allow for
167	167	the collection of information regarding:
168	168	(1) the name, address, and contact information of:
169	169	(A) the employer;
170	170	(B) the farm labor contractor; and
171	171	(C) the migrant labor housing facility provider;
172	172	(2) the address, including a unit number, and location
173	173	of the facility and directions to the facility;
174	174	(3) the number of migrant agricultural workers:
175	175	(A) currently occupying the facility; and
176	176	(B) occupying the facility during the peak period
177	177	of occupancy;
178	178	(4) the dates the facility has been occupied and the
179	179	approximate length of the season for which the facility will be
180	180	occupied;
181	181	(5) the type of work performed by the workers
182	182	occupying the facility;
183	183	(6) whether the postings required under Section
184	184	2306.927 are displayed;
185	185	(7) complaints about the facility; and
186	186	(8) any other information the department considers
187	187	necessary.
188	188	(d) The department shall consider a report regarding an
189	189	unlicensed migrant labor housing facility to be a complaint under
190	190	this section.
191	191	(e) The department shall make available to a person
192	192	submitting a complaint, if the identity of that person is known,
193	193	information regarding other housing and transportation resources
194	194	available to the person [The board shall set the license fee in an
195	195	amount not to exceed $250].
196	196	SECTION 9. Subchapter LL, Chapter 2306, Government Code, is
197	197	amended by adding Section 2306.9305 to read as follows:
198	198	Sec. 2306.9305. DUTY TO PROVIDE HOUSING ON SUSPENSION OR
199	199	REVOCATION OF LICENSE. (a) The department by rule shall establish
200	200	procedures requiring the owner or provider of a migrant labor
201	201	housing facility, on suspension or revocation of a license as
202	202	provided by Section 2306.930, to relocate or provide for the
203	203	relocation of the occupants of the facility to another facility
204	204	that:
205	205	(1) meets the occupancy standards of this subchapter;
206	206	and
207	207	(2) is located in the same area as the vacated
208	208	facility.
209	209	(b) An owner or provider required to relocate an occupant
210	210	under Subsection (a) shall pay any rental cost of the relocation
211	211	facility that exceeds the rent of the vacated facility.
212	212	SECTION 10. The heading to Section 2306.931, Government
213	213	Code, is amended to read as follows:
214	214	Sec. 2306.931. ENFORCEMENT; ADOPTION OF RULES REGARDING
215	215	HEALTH AND SAFETY AND LICENSING.
216	216	SECTION 11. Section 2306.931(e), Government Code, is
217	217	amended to read as follows:
218	218	(e) The board by rule shall adopt minimum standards for
219	219	issuing, revoking, or suspending a license issued under this
220	220	subchapter, including rules that provide for the immediate
221	221	suspension or revocation of a license for certain violations that
222	222	constitute threats to the health and safety of persons living in
223	223	migrant labor housing facilities.
224	224	SECTION 12. Subchapter LL, Chapter 2306, Government Code,
225	225	is amended by amending Section 2306.933 and adding Sections
226	226	2306.934, 2306.935, and 2306.936 to read as follows:
227	227	Sec. 2306.933. CIVIL PENALTY. (a) A person who violates
228	228	this subchapter or a rule adopted under this subchapter is subject
229	229	to a civil penalty of not less than $50 for each person occupying
230	230	the migrant labor housing facility in violation of this subchapter
231	231	[$200] for each day that the violation occurs.
232	232	(b) An [The county attorney for the county in which the
233	233	violation occurred, or the attorney general, at the request of the
234	234	department, shall bring an] action [in the name of the state] to
235	235	collect a [the] penalty under this section may be brought by:
236	236	(1) the department through the contested case hearing
237	237	process described by Section 2306.930(b);
238	238	(2) the county attorney for the county in which the
239	239	violation occurred, or the attorney general, at the request of the
240	240	department; or
241	241	(3) a migrant agricultural worker who, at the time of
242	242	the violation, lived in the migrant labor housing facility that is
243	243	the subject of the violation.
244	244	(c) The department by rule shall adopt a penalty schedule
245	245	that increases the amount of the penalty assessed against a person
246	246	who repeatedly violates this subchapter or rules adopted under this
247	247	subchapter.
248	248	(d) A penalty collected under Subsection (b)(1) or (2) shall
249	249	be deposited to the credit of the general revenue fund and may be
250	250	appropriated only to the department for the enforcement of this
251	251	subchapter.
252	252	Sec. 2306.934. ATTORNEY'S FEES. A person against whom a
253	253	civil penalty is assessed under Section 2306.933 is liable for
254	254	paying the costs and attorney's fees of the person who brought the
255	255	action under Section 2306.933(b).
256	256	Sec. 2306.935. RETALIATION PROHIBITED. A person who owns,
257	257	establishes, maintains, operates, procures, makes arrangements
258	258	for, or otherwise provides a migrant labor housing facility, a
259	259	person who employs a migrant agricultural worker who occupies a
260	260	migrant labor housing facility, or a farm labor contractor may not
261	261	retaliate against a person for filing a complaint or providing
262	262	information in good faith relating to a possible violation of this
263	263	subchapter.
264	264	Sec. 2306.936. OUTREACH AND EDUCATION. (a) The department
265	265	shall provide:
266	266	(1) to migrant agricultural workers in different
267	267	regions of the state, educational materials or programs that are
268	268	presented in English, Spanish, and other languages as appropriate
269	269	and that inform the workers of their rights and remedies under this
270	270	subchapter; and
271	271	(2) to persons who own, establish, maintain, operate,
272	272	procure, make arrangements for, or otherwise provide migrant labor
273	273	housing facilities, educational materials or programs that are
274	274	presented in English, Spanish, and other languages as appropriate
275	275	and that inform the persons of their obligations under this
276	276	subchapter.
277	277	(b) To better provide the services described by Subsection
278	278	(a), the department shall:
279	279	(1) ensure that, in each region of the state where
280	280	migrant labor housing facilities are most common, there are persons
281	281	capable of providing the information described by Subsection (a) in
282	282	English, Spanish, and other languages as appropriate; and
283	283	(2) conduct research, including by surveying migrant
284	284	agricultural workers, concerning:
285	285	(A) what types of migrant labor housing
286	286	facilities are most common in different regions of the state; and
287	287	(B) what regions of the state most need
288	288	additional or improved migrant labor housing facilities.
289	289	SECTION 13. Not later than March 1, 2022, the Texas
290	290	Department of Housing and Community Affairs shall adopt the rules
291	291	necessary to implement Subchapter LL, Chapter 2306, Government
292	292	Code, as amended by this Act.
293	293	SECTION 14. (a) Except as provided by Subsection (b) of
294	294	this section, the change in law made by this Act applies only to an
295	295	administrative or regulatory action taken on or after the effective
296	296	date of this Act. An administrative or regulatory action taken
297	297	before the effective date of this Act is governed by the law
298	298	applicable to the administrative or regulatory action immediately
299	299	before the effective date of this Act, and that law is continued in
300	300	effect for that purpose.
301	301	(b) The change in law made by this Act in amending Section
302	302	2306.933, Government Code, and adding Section 2306.934, Government
303	303	Code, applies only to a violation that occurs on or after the
304	304	effective date of this Act. A violation occurs before the effective
305	305	date of this Act if any element of the violation occurs before that
306	306	date. A violation that occurs before the effective date of this Act
307	307	is governed by the law in effect on the date the violation occurred,
308	308	and the former law is continued in effect for that purpose.
309	309	SECTION 15. This Act takes effect September 1, 2021.