Texas 2023 - 88th Regular

Texas House Bill HB238 Compare Versions

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1	1	By: Bernal, et al. (Senate Sponsor - Flores) H.B. No. 238
2	2	(In the Senate - Received from the House May 1, 2023;
3	3	May 1, 2023, read first time and referred to Committee on Water,
4	4	Agriculture & Rural Affairs; May 19, 2023, reported favorably by
5	5	the following vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the regulation of migrant labor housing facilities;
12	12	changing the amount of a civil penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter LL, Chapter 2306, Government Code, is
15	15	amended by amending Section 2306.933 and adding Sections 2306.934,
16	16	2306.935, 2306.936, 2306.937, 2306.938, 2306.939, and 2306.940 to
17	17	read as follows:
18	18	Sec. 2306.933. CIVIL PENALTY. (a) A person who violates
19	19	this subchapter or a rule adopted under this subchapter is subject
20	20	to a civil penalty of not less than $50 for each person occupying
21	21	the migrant labor housing facility in violation of this subchapter
22	22	[$200] for each day that the violation occurs.
23	23	(b) An [The county attorney for the county in which the
24	24	violation occurred, or the attorney general, at the request of the
25	25	department, shall bring an] action [in the name of the state] to
26	26	collect a civil [the] penalty under this section may be brought by:
27	27	(1) the department through the contested case hearing
28	28	process described by Section 2306.930(b);
29	29	(2) the county attorney for the county in which the
30	30	violation occurred, or the attorney general, at the request of the
31	31	department; or
32	32	(3) a migrant agricultural worker if:
33	33	(A) a complaint regarding the violation for which
34	34	the civil penalty is sought has been submitted under Section
35	35	2306.934; and
36	36	(B) at the time the complaint described by
37	37	Paragraph (A) is submitted, the worker:
38	38	(i) lives in the migrant labor housing
39	39	facility that is the subject of the complaint; and
40	40	(ii) is not temporarily in the United
41	41	States under an H2-A visa authorized by 8 U.S.C. Section
42	42	1101(a)(15)(H)(ii)(a).
43	43	(c) An action to collect a civil penalty under this section
44	44	may not be brought while:
45	45	(1) a contested case hearing, brought by the
46	46	department under Section 2306.930(b) and relating to the same
47	47	migrant labor housing facility, is pending;
48	48	(2) an action for injunctive relief relating to the
49	49	same violation is pending under Section 2306.932;
50	50	(3) an action brought by a county attorney or the
51	51	attorney general and relating to the same migrant labor housing
52	52	facility is pending; or
53	53	(4) the operator of the migrant labor housing facility
54	54	that is the subject of the action is:
55	55	(A) waiting for the facility to be inspected
56	56	under Section 2306.935(c) to confirm remediation of the violation
57	57	that is the subject of the action; or
58	58	(B) providing housing at a facility under Section
59	59	2306.936(d) to which the migrant agricultural workers who occupied
60	60	the facility that is the subject of the action have been relocated.
61	61	(d) A civil penalty under this section begins accruing on
62	62	the earlier of:
63	63	(1) for a violation with a remediation period
64	64	described by Section 2306.935, the day that:
65	65	(A) the department determines based on
66	66	information submitted under Section 2306.935(b) that the operator
67	67	has failed to remedy the violation; or
68	68	(B) an inspection described by Section
69	69	2306.935(c) establishes that the migrant housing facility operator
70	70	has failed to remedy the violation; or
71	71	(2) for a violation with a remediation period
72	72	described by Section 2306.936, the 31st day following the date that
73	73	notification of the complaint is received from the department,
74	74	unless the operator has relocated under Section 2306.936(d) the
75	75	migrant agricultural workers who occupied the facility that is the
76	76	subject of the complaint.
77	77	(e) The department by rule shall adopt a penalty schedule
78	78	that increases the amount of the penalty assessed against a person
79	79	who repeatedly violates this subchapter or rules adopted under this
80	80	subchapter.
81	81	(f) A penalty collected under Subsection (b)(1) or (2) shall
82	82	be deposited to the credit of the general revenue fund and may be
83	83	appropriated only to the department for the enforcement of this
84	84	subchapter.
85	85	Sec. 2306.934. COMPLAINT; NOTICE; DISMISSAL. (a) In this
86	86	section, "designated representative" means an individual or
87	87	organization to whom a migrant agricultural worker has given
88	88	written authorization to exercise the worker's right to file a
89	89	complaint under this section.
90	90	(a-1) The department by rule shall establish a process for:
91	91	(1) the submission to the department of a complaint
92	92	regarding a migrant labor housing facility;
93	93	(2) determining whether a complaint is unfounded or
94	94	does not violate the standards adopted by the department; and
95	95	(3) the investigation, resolution, or dismissal of a
96	96	complaint submitted under Subdivision (1), including confirmation
97	97	of remediation through the methods described by Sections 2306.935
98	98	and 2306.936.
99	99	(a-2) The process established under Subsection (a-1)(1)
100	100	must allow the submission of complaints:
101	101	(1) only by:
102	102	(A) an occupant of the migrant labor housing
103	103	facility that is the subject of the complaint;
104	104	(B) a prospective occupant of the migrant labor
105	105	housing facility that is the subject of the complaint;
106	106	(C) the designated representative of a person
107	107	described by Paragraph (A) or (B); or
108	108	(D) an individual, including the owner or tenant
109	109	of an adjacent property, that has observed a clear violation of this
110	110	subchapter; and
111	111	(2) through the department's Internet website, in
112	112	person at any department office, or by telephone or written notice
113	113	to the department.
114	114	(b) Not later than the fifth day after the date on which the
115	115	department receives a complaint, the department shall notify the
116	116	operator of the migrant labor housing facility that is the subject
117	117	of the complaint. Notice under this subsection must include:
118	118	(1) the date that the complaint was received;
119	119	(2) the subject matter of the complaint;
120	120	(3) the name of each person contacted in relation to
121	121	the complaint, if any; and
122	122	(4) the timeline for remedying a complaint that is not
123	123	otherwise dismissed by the department.
124	124	(c) If the department is unable to make contact with an
125	125	operator of a migrant labor housing facility for the purpose of
126	126	serving a notification of a complaint, the department shall serve
127	127	the notification of the complaint via registered or certified mail,
128	128	return receipt requested.
129	129	(d) If the department determines that a complaint is
130	130	unfounded or does not violate the standards adopted by rule, the
131	131	department may dismiss the complaint and shall include a statement
132	132	of the reason for the dismissal in the record of the complaint. The
133	133	department shall provide timely notice of any dismissal of the
134	134	complaint, including the explanation for the dismissal, to the
135	135	operator of the migrant labor housing facility that is the subject
136	136	of the complaint.
137	137	(e) A designated representative may not be required to
138	138	reveal the name of any migrant agricultural worker on whose behalf
139	139	the representative submitted a complaint under this section if the
140	140	department reviews the written authorization establishing the
141	141	representation and verifies that the representative is authorized
142	142	to submit the complaint.
143	143	Sec. 2306.935. REMEDIATION OF COMPLAINT IN GENERAL. (a)
144	144	Subject to Section 2306.936, not later than the seventh day after
145	145	the date that notice is received under Section 2306.934, the
146	146	operator of a migrant labor housing facility shall remedy the
147	147	complaint.
148	148	(b) The department by rule shall establish a procedure by
149	149	which the operator of a migrant labor housing facility may submit
150	150	proof of remediation of a complaint through visual evidence and a
151	151	sworn affidavit.
152	152	(c) For an operator of a migrant labor housing facility who
153	153	receives notice under Section 2306.934(c) or who does not submit
154	154	proof of remediation in the manner provided by Subsection (b), the
155	155	department shall have the facility inspected as soon as possible
156	156	following the seventh day after the date that notice is received
157	157	under Section 2306.934, to ensure remediation of the complaint.
158	158	Sec. 2306.936. REMEDIATION OF COMPLAINT REGARDING CERTAIN
159	159	VIOLATIONS. (a) This section applies only to a complaint that
160	160	alleges a violation that the department determines poses an
161	161	imminent hazard or threat to the health and safety of the occupants
162	162	of the facility, including violations of rules adopted by the
163	163	department concerning sanitation.
164	164	(b) Subject to Subsection (d), not later than the 30th day
165	165	after the date that notice is received under Section 2306.934, the
166	166	operator of a migrant labor housing facility that is the subject of
167	167	a complaint described by Subsection (a) shall remedy the complaint.
168	168	(c) The department may refer a complaint described by
169	169	Subsection (a) to a local authority for immediate inspection of the
170	170	migrant labor housing facility.
171	171	(d) The department by rule shall establish a procedure for
172	172	requiring the owner of a migrant labor housing facility to relocate
173	173	or provide for the relocation to another housing facility of the
174	174	occupants of a facility that is the subject of a complaint under
175	175	Subsection (a) if the remediation of that complaint is projected to
176	176	take longer than a period of 30 days. A housing facility to which a
177	177	person is relocated under this subsection:
178	178	(1) must meet the occupancy standards adopted under
179	179	this subchapter;
180	180	(2) must be located in the same vicinity as the vacated
181	181	facility; and
182	182	(3) may not require a rent payment from a displaced
183	183	migrant agricultural worker that exceeds the rent charged for the
184	184	vacated facility.
185	185	(e) Subsection (d) does not apply to a migrant agricultural
186	186	worker who is temporarily in the United States under an H2-A visa
187	187	authorized under 8 U.S.C. Section 1101(a)(15)(H)(ii)(a).
188	188	Sec. 2306.937. RETALIATION PROHIBITED. A person who owns,
189	189	establishes, maintains, operates, or otherwise provides a migrant
190	190	labor housing facility, a person who employs a migrant agricultural
191	191	worker who occupies a migrant labor housing facility, or a farm
192	192	labor contractor may not retaliate against a person for filing a
193	193	complaint or providing information in good faith relating to a
194	194	possible violation of this subchapter.
195	195	Sec. 2306.938. ATTORNEY'S FEES. The court in a suit brought
196	196	under this subchapter may award reasonable attorney's fees to the
197	197	prevailing party.
198	198	Sec. 2306.939. INTERAGENCY COOPERATION. (a) The
199	199	department shall identify other state agencies that may interact
200	200	with occupants of migrant housing facilities to assist the
201	201	department in identifying and locating unlicensed migrant labor
202	202	housing facilities.
203	203	(b) Information provided to the department under this
204	204	section:
205	205	(1) may be used only for the purposes of identifying
206	206	and locating unlicensed migrant labor housing facilities;
207	207	(2) must be free of identification information
208	208	relating to individual migrant agricultural workers; and
209	209	(3) is confidential and not subject to disclosure
210	210	under Chapter 552.
211	211	Sec. 2306.940. OUTREACH AND EDUCATION. (a) The department
212	212	shall provide:
213	213	(1) to migrant agricultural workers in different
214	214	regions of the state, educational materials or programs that are
215	215	presented in English, Spanish, and other languages as appropriate
216	216	and that inform the workers of their rights and remedies under this
217	217	subchapter; and
218	218	(2) to persons who own, establish, maintain, operate,
219	219	procure, make arrangements for, or otherwise provide migrant labor
220	220	housing facilities, educational materials or programs that are
221	221	presented in English, Spanish, and other languages as appropriate
222	222	and that inform the persons of their obligations under this
223	223	subchapter.
224	224	(b) To better provide the services described by Subsection
225	225	(a), the department shall:
226	226	(1) ensure that, in each region of the state where
227	227	migrant labor housing facilities are most common, there are persons
228	228	capable of providing the information described by Subsection (a) in
229	229	English, Spanish, and other languages as appropriate; and
230	230	(2) conduct research, including by surveying migrant
231	231	agricultural workers, concerning:
232	232	(A) what types of migrant labor housing
233	233	facilities are most common in different regions of the state; and
234	234	(B) what regions of the state most need
235	235	additional or improved migrant labor housing facilities.
236	236	SECTION 2. Not later than March 1, 2024, the Texas
237	237	Department of Housing and Community Affairs shall adopt the rules
238	238	necessary to implement Subchapter LL, Chapter 2306, Government
239	239	Code, as amended by this Act.
240	240	SECTION 3. The change in law made by this Act in amending
241	241	Section 2306.933, Government Code, and adding Sections 2306.934,
242	242	2306.935, 2306.936, 2306.938, and 2306.939, Government Code,
243	243	applies only to a violation that occurs on or after the effective
244	244	date of this Act. A violation that occurs before the effective date
245	245	of this Act is governed by the law in effect on the date the
246	246	violation occurred, and the former law is continued in effect for
247	247	that purpose. For purposes of this section, a violation occurs
248	248	before the effective date of this Act if any element of the
249	249	violation occurs before that date.
250	250	SECTION 4. This Act takes effect September 1, 2023.
251	251	* * * * *