Texas 2021 - 87th Regular

Texas Senate Bill SB682 Compare Versions

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

Old	New	Differences
1	1	87R1844 JAM-F
2	2	By: Blanco S.B. No. 682
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 2306.922, Government Code, is amended to
10	10	read as follows:
11	11	Sec. 2306.922. LICENSE REQUIRED. A person may not:
12	12	(1) establish, maintain, or operate a migrant labor
13	13	housing facility without obtaining a license for the facility from
14	14	the department; or
15	15	(2) procure, make arrangements for, or otherwise
16	16	provide housing for migrant agricultural workers without ensuring
17	17	that the applicable migrant labor housing facility is licensed
18	18	under this subchapter.
19	19	SECTION 2. The heading to Section 2306.923, Government
20	20	Code, is amended to read as follows:
21	21	Sec. 2306.923. LICENSE APPLICATION; FEE [APPLICATION
22	22	INSPECTION].
23	23	SECTION 3. Section 2306.923, Government Code, is amended by
24	24	amending Subsection (d) and adding Subsection (e) to read as
25	25	follows:
26	26	(d) The application must be accompanied by a [the] license
27	27	fee in an amount established by board rule.
28	28	(e) A fee collected under this section shall be deposited to
29	29	the credit of the general revenue fund and may be appropriated to
30	30	the department for the enforcement of this subchapter.
31	31	SECTION 4. The heading to Section 2306.924, Government
32	32	Code, is amended to read as follows:
33	33	Sec. 2306.924. PRE-OCCUPATION INSPECTION.
34	34	SECTION 5. Section 2306.925(a), Government Code, is amended
35	35	to read as follows:
36	36	(a) If a migrant labor housing facility for which a license
37	37	application is made does not meet the reasonable minimum standards
38	38	of construction, sanitation, equipment, and operation required by
39	39	rules adopted under this subchapter, the department at the time of
40	40	inspection shall give the license applicant in writing the reasons
41	41	that the facility does not meet those standards. The applicant may
42	42	remedy the deficiency and request the department to reinspect the
43	43	facility not later than the 10th [60th] day after the date on which
44	44	the reasons are given.
45	45	SECTION 6. Section 2306.926(b), Government Code, is amended
46	46	to read as follows:
47	47	(b) The license expires on the first anniversary of the date
48	48	of issuance. Not later than the 60th day before the date a license
49	49	is scheduled to expire, the department shall give notice of the
50	50	expiration to the license holder.
51	51	SECTION 7. Subchapter LL, Chapter 2306, Government Code, is
52	52	amended by adding Section 2306.9261 to read as follows:
53	53	Sec. 2306.9261. THIRD-PARTY APPEAL OF LICENSE
54	54	DETERMINATION. The department by rule shall adopt procedures
55	55	through which third parties, including migrant agricultural
56	56	workers and advocacy groups, may appeal the issuance or denial of a
57	57	license or the imposition of a condition on a license.
58	58	SECTION 8. Subchapter LL, Chapter 2306, Government Code, is
59	59	amended by amending Sections 2306.927, 2306.928, and 2306.929 and
60	60	adding Section 2306.9281 to read as follows:
61	61	Sec. 2306.927. [LICENSE] POSTING OF LICENSE AND COMPLAINT
62	62	INFORMATION. A person who holds a license issued under this
63	63	subchapter shall post [the license] in the licensed migrant labor
64	64	housing facility at all times during the maintenance or operation
65	65	of the facility a copy of:
66	66	(1) the license; and
67	67	(2) information describing in English and Spanish the
68	68	complaint procedures provided by Section 2306.929.
69	69	Sec. 2306.928. INSPECTION OF FACILITIES. (a) Before
70	70	conducting an inspection of a migrant labor housing facility under
71	71	this section, an authorized representative of the department must
72	72	give or make a reasonable attempt to give notice to the persons who:
73	73	(1) are the providers of the facility, based on
74	74	evidence available to the department; and
75	75	(2) if applicable, are alleged to be the providers of
76	76	the facility in any complaint filed under this chapter.
77	77	(b) An authorized representative of the department, after
78	78	giving or making a reasonable attempt to give notice under
79	79	Subsection (a):
80	80	(1) shall inspect the facility:
81	81	(A) on receipt of a complaint under Section
82	82	2306.929, including a report of an unlicensed migrant labor housing
83	83	facility; and
84	84	(B) at least once during the probable period of
85	85	use of the facility as stated under Section 2306.923(c)(3); and
86	86	(2) [to the operator of a migrant labor housing
87	87	facility,] may otherwise enter and inspect the facility during
88	88	reasonable hours and investigate conditions, practices, or other
89	89	matters as necessary or appropriate to determine whether a person
90	90	has violated this subchapter or a rule adopted under this
91	91	subchapter.
92	92	(c) In addition to the inspections required under
93	93	Subsection (b)(1), the department by rule shall establish an annual
94	94	quota of proactive inspections of suspected unlicensed or
95	95	noncompliant migrant labor housing facilities. The quota
96	96	established under this subsection may not be less than 50 percent of
97	97	the number of migrant labor housing facilities licensed under this
98	98	subchapter in the preceding state fiscal year.
99	99	(d) During an inspection conducted under Subsection (b)(1),
100	100	the inspector shall:
101	101	(1) conduct interviews with not less than 10 percent
102	102	of the occupants of the facility, including any person who
103	103	submitted a complaint requiring the inspection under Subsection
104	104	(b)(1)(A), if known;
105	105	(2) make written notes regarding the inspection at the
106	106	time of the inspection or immediately after the inspection; and
107	107	(3) take photographs of any violations.
108	108	(e) An interview under Subsection (d)(1) must be conducted:
109	109	(1) after working hours or on rest days, to the extent
110	110	possible; and
111	111	(2) out of the presence of any person who owns or
112	112	establishes or who maintains, operates, or otherwise provides the
113	113	migrant labor housing facility or any person who employs the
114	114	migrant agricultural workers occupying the facility.
115	115	Sec. 2306.9281. INSPECTION REPORT. (a) After an
116	116	inspection, the inspector shall submit to the department a report
117	117	containing:
118	118	(1) a narrative regarding the alleged violation and
119	119	the methods used to investigate the alleged violation;
120	120	(2) a determination of whether the alleged violation,
121	121	or any other violation, exists; and
122	122	(3) evidence supporting the determination made under
123	123	Subdivision (2), including any photographs taken under Section
124	124	2306.928(d)(3).
125	125	(b) A report under Subsection (a) must be made available to
126	126	the public on the department's Internet website. The department
127	127	shall redact each migrant agricultural worker's name and other
128	128	personal information contained in a report made available under
129	129	this subsection.
130	130	(c) The department by rule shall establish and require the
131	131	use of a standardized inspection report form for conducting
132	132	inspections under Section 2306.928.
133	133	Sec. 2306.929. COMPLAINTS [FEE]. (a) The department by
134	134	rule shall:
135	135	(1) establish procedures for the submission,
136	136	investigation, and resolution of complaints of alleged violations
137	137	of this subchapter, including a procedure through which other state
138	138	agencies that receive a complaint under Subsection (b)(2) can
139	139	report the complaint to the department; and
140	140	(2) adopt a standardized complaint form.
141	141	(b) The procedure established under Subsection (a)(1) must
142	142	allow the submission of complaints:
143	143	(1) anonymously or by a third party; and
144	144	(2) through the department's Internet website, in
145	145	person at any nonprofit organization that assists migrant
146	146	agricultural workers in finding employment or at any state agency,
147	147	by phone, or in writing.
148	148	(c) The form adopted under Subsection (a)(2) must allow for
149	149	the collection of information regarding:
150	150	(1) the name, address, and contact information of:
151	151	(A) the employer;
152	152	(B) the farm labor contractor; and
153	153	(C) the migrant labor housing facility provider;
154	154	(2) the address, including a unit number, and location
155	155	of the facility and directions to the facility;
156	156	(3) the number of migrant agricultural workers:
157	157	(A) currently occupying the facility; and
158	158	(B) occupying the facility during the peak period
159	159	of occupancy;
160	160	(4) the dates the facility has been occupied and the
161	161	approximate length of the season for which the facility will be
162	162	occupied;
163	163	(5) the type of work performed by the workers
164	164	occupying the facility;
165	165	(6) whether the postings required under Section
166	166	2306.927 are displayed;
167	167	(7) complaints about the facility; and
168	168	(8) any other information the department considers
169	169	necessary.
170	170	(d) The department shall consider a report regarding an
171	171	unlicensed migrant labor housing facility to be a complaint under
172	172	this section.
173	173	(e) The department shall make available to a person
174	174	submitting a complaint, if the identity of that person is known,
175	175	information regarding other housing and transportation resources
176	176	available to the person [The board shall set the license fee in an
177	177	amount not to exceed $250].
178	178	SECTION 9. Subchapter LL, Chapter 2306, Government Code, is
179	179	amended by adding Section 2306.9305 to read as follows:
180	180	Sec. 2306.9305. DUTY TO PROVIDE HOUSING ON SUSPENSION OR
181	181	REVOCATION OF LICENSE. (a) The department by rule shall establish
182	182	procedures requiring the owner or provider of a migrant labor
183	183	housing facility, on suspension or revocation of a license as
184	184	provided by Section 2306.930, to relocate or provide for the
185	185	relocation of the occupants of the facility to another facility
186	186	that:
187	187	(1) meets the occupancy standards of this subchapter;
188	188	and
189	189	(2) is located in the same area as the vacated
190	190	facility.
191	191	(b) An owner or provider required to relocate an occupant
192	192	under Subsection (a) shall pay any rental cost of the relocation
193	193	facility that exceeds the rent of the vacated facility.
194	194	SECTION 10. The heading to Section 2306.931, Government
195	195	Code, is amended to read as follows:
196	196	Sec. 2306.931. ENFORCEMENT; ADOPTION OF RULES REGARDING
197	197	HEALTH AND SAFETY AND LICENSING.
198	198	SECTION 11. Section 2306.931(e), Government Code, is
199	199	amended to read as follows:
200	200	(e) The board by rule shall adopt minimum standards for
201	201	issuing, revoking, or suspending a license issued under this
202	202	subchapter, including rules that provide for the immediate
203	203	suspension or revocation of a license for certain violations that
204	204	constitute threats to the health and safety of persons living in
205	205	migrant labor housing facilities.
206	206	SECTION 12. Subchapter LL, Chapter 2306, Government Code,
207	207	is amended by amending Section 2306.933 and adding Sections
208	208	2306.934, 2306.935, and 2306.936 to read as follows:
209	209	Sec. 2306.933. CIVIL PENALTY. (a) A person who violates
210	210	this subchapter or a rule adopted under this subchapter is subject
211	211	to a civil penalty of not less than $50 for each person occupying
212	212	the migrant labor housing facility in violation of this subchapter
213	213	[$200] for each day that the violation occurs.
214	214	(b) An [The county attorney for the county in which the
215	215	violation occurred, or the attorney general, at the request of the
216	216	department, shall bring an] action [in the name of the state] to
217	217	collect a [the] penalty under this section may be brought by:
218	218	(1) the department through the contested case hearing
219	219	process described by Section 2306.930(b);
220	220	(2) the county attorney for the county in which the
221	221	violation occurred, or the attorney general, at the request of the
222	222	department; or
223	223	(3) a migrant agricultural worker who, at the time of
224	224	the violation, lived in the migrant labor housing facility that is
225	225	the subject of the violation.
226	226	(c) The department by rule shall adopt a penalty schedule
227	227	that increases the amount of the penalty assessed against a person
228	228	who repeatedly violates this subchapter or rules adopted under this
229	229	subchapter.
230	230	(d) A penalty collected under Subsection (b)(1) or (2) shall
231	231	be deposited to the credit of the general revenue fund and may be
232	232	appropriated only to the department for the enforcement of this
233	233	subchapter.
234	234	Sec. 2306.934. ATTORNEY'S FEES. A person against whom a
235	235	civil penalty is assessed under Section 2306.933 is liable for
236	236	paying the costs and attorney's fees of the person who brought the
237	237	action under Section 2306.933(b).
238	238	Sec. 2306.935. RETALIATION PROHIBITED. A person who owns,
239	239	establishes, maintains, operates, procures, makes arrangements
240	240	for, or otherwise provides a migrant labor housing facility, a
241	241	person who employs a migrant agricultural worker who occupies a
242	242	migrant labor housing facility, or a farm labor contractor may not
243	243	retaliate against a person for filing a complaint or providing
244	244	information in good faith relating to a possible violation of this
245	245	subchapter.
246	246	Sec. 2306.936. OUTREACH AND EDUCATION. (a) The department
247	247	shall provide:
248	248	(1) to migrant agricultural workers in different
249	249	regions of the state, educational materials or programs that are
250	250	presented in English, Spanish, and other languages as appropriate
251	251	and that inform the workers of their rights and remedies under this
252	252	subchapter; and
253	253	(2) to persons who own, establish, maintain, operate,
254	254	procure, make arrangements for, or otherwise provide migrant labor
255	255	housing facilities, educational materials or programs that are
256	256	presented in English, Spanish, and other languages as appropriate
257	257	and that inform the persons of their obligations under this
258	258	subchapter.
259	259	(b) To better provide the services described by Subsection
260	260	(a), the department shall:
261	261	(1) ensure that, in each region of the state where
262	262	migrant labor housing facilities are most common, there are persons
263	263	capable of providing the information described by Subsection (a) in
264	264	English, Spanish, and other languages as appropriate; and
265	265	(2) conduct research, including by surveying migrant
266	266	agricultural workers, concerning:
267	267	(A) what types of migrant labor housing
268	268	facilities are most common in different regions of the state; and
269	269	(B) what regions of the state most need
270	270	additional or improved migrant labor housing facilities.
271	271	SECTION 13. Not later than March 1, 2022, the Texas
272	272	Department of Housing and Community Affairs shall adopt the rules
273	273	necessary to implement Subchapter LL, Chapter 2306, Government
274	274	Code, as amended by this Act.
275	275	SECTION 14. (a) Except as provided by Subsection (b) of
276	276	this section, the change in law made by this Act applies only to an
277	277	administrative or regulatory action taken on or after the effective
278	278	date of this Act. An administrative or regulatory action taken
279	279	before the effective date of this Act is governed by the law
280	280	applicable to the administrative or regulatory action immediately
281	281	before the effective date of this Act, and that law is continued in
282	282	effect for that purpose.
283	283	(b) The change in law made by this Act in amending Section
284	284	2306.933, Government Code, and adding Section 2306.934, Government
285	285	Code, applies only to a violation that occurs on or after the
286	286	effective date of this Act. A violation occurs before the effective
287	287	date of this Act if any element of the violation occurs before that
288	288	date. A violation that occurs before the effective date of this Act
289	289	is governed by the law in effect on the date the violation occurred,
290	290	and the former law is continued in effect for that purpose.
291	291	SECTION 15. This Act takes effect September 1, 2021.