Texas 2023 - 88th Regular

Texas House Bill HB883 Compare Versions

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1	1	88R20427 JAM-F
2	2	By: Romero, Jr., Bernal H.B. No. 883
3	3	Substitute the following for H.B. No. 883:
4	4	By: Lozano C.S.H.B. No. 883
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of migrant labor housing facilities;
10	10	authorizing an increase in the amount of a fee; changing the amount
11	11	of a civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 2306.922, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 2306.922. LICENSE REQUIRED. A person may not:
16	16	(1) establish, maintain, or operate a migrant labor
17	17	housing facility without obtaining a license for the facility from
18	18	the department; or
19	19	(2) procure or otherwise provide housing for migrant
20	20	agricultural workers without ensuring that the applicable migrant
21	21	labor housing facility is licensed under this subchapter.
22	22	SECTION 2. The heading to Section 2306.923, Government
23	23	Code, is amended to read as follows:
24	24	Sec. 2306.923. LICENSE APPLICATION; FEE [APPLICATION
25	25	INSPECTION].
26	26	SECTION 3. Section 2306.923, Government Code, is amended by
27	27	amending Subsection (d) and adding Subsections (e), (f), and (g) to
28	28	read as follows:
29	29	(d) An applicant who seeks to substitute an inspection
30	30	conducted by the United States Department of Labor or the Texas
31	31	Workforce Commission for a pre-occupation inspection conducted by
32	32	the department under Section 2306.924 must include with the
33	33	application:
34	34	(1) individualized affirmations regarding the
35	35	facility's compliance with each state standard established by this
36	36	subchapter; and
37	37	(2) electronically submitted digital images of the
38	38	facility that hold metadata verifying when and where the images
39	39	were taken.
40	40	(e) The department shall prescribe the form and manner of an
41	41	application made under this section.
42	42	(f) The application must be accompanied by a reasonable
43	43	[the] license fee established by the board by rule in an amount
44	44	sufficient to cover the costs of administering this subchapter,
45	45	including costs associated with conducting inspections and
46	46	reinspections under this subchapter. The license fee may not
47	47	exceed $75.
48	48	(g) A fee collected under this section shall be deposited to
49	49	the credit of the general revenue fund and may be appropriated to
50	50	the department for the administration of this subchapter.
51	51	SECTION 4. The heading to Section 2306.924, Government
52	52	Code, is amended to read as follows:
53	53	Sec. 2306.924. PRE-OCCUPATION INSPECTION.
54	54	SECTION 5. Section 2306.925, Government Code, is amended by
55	55	amending Subsection (a) and adding Subsection (a-1) to read as
56	56	follows:
57	57	(a) The department may not issue a license for a migrant
58	58	labor housing facility that does not meet the reasonable minimum
59	59	standards of construction, sanitation, equipment, and operation
60	60	required by rules adopted under this subchapter.
61	61	(a-1) If a migrant labor housing facility for which a
62	62	license application is made does not meet the [reasonable] minimum
63	63	standards described by Subsection (a) [of construction,
64	64	sanitation, equipment, and operation required by rules adopted
65	65	under this subchapter], the department at the time of inspection
66	66	shall give the license applicant in writing the reasons that the
67	67	facility does not meet those standards. The applicant may remedy
68	68	the deficiency and request the department to reinspect the facility
69	69	[not later than the 60th day after the date on which the reasons are
70	70	given].
71	71	SECTION 6. Section 2306.926(b), Government Code, is amended
72	72	to read as follows:
73	73	(b) The license expires on the first anniversary of the date
74	74	of issuance. Not later than the 60th day before the date a license
75	75	is scheduled to expire, the department shall give notice of the
76	76	expiration to the license holder.
77	77	SECTION 7. Subchapter LL, Chapter 2306, Government Code, is
78	78	amended by amending Sections 2306.927, 2306.928, and 2306.929 and
79	79	adding Section 2306.9281 to read as follows:
80	80	Sec. 2306.927. [LICENSE] POSTING OF LICENSE AND COMPLAINT
81	81	INFORMATION. A person who holds a license issued under this
82	82	subchapter shall post [the license] in the licensed migrant labor
83	83	housing facility at all times during the maintenance or operation
84	84	of the facility a copy of:
85	85	(1) the license; and
86	86	(2) information describing in English and Spanish the
87	87	complaint procedures provided by Section 2306.929.
88	88	Sec. 2306.928. INSPECTION OF FACILITIES. (a) Before
89	89	conducting an inspection of a migrant labor housing facility under
90	90	this section, an authorized representative of the department must
91	91	give or make a reasonable attempt to give notice to the persons who:
92	92	(1) are the providers of the facility, based on
93	93	evidence available to the department; and
94	94	(2) if applicable, are alleged to be the providers of
95	95	the facility in any complaint filed under this chapter.
96	96	(b) An authorized representative of the department, after
97	97	giving or making a reasonable attempt to give notice under
98	98	Subsection (a):
99	99	(1) shall inspect the facility on receipt of a
100	100	complaint under Section 2306.929, including a report of an
101	101	unlicensed migrant labor housing facility; and
102	102	(2) [to the operator of a migrant labor housing
103	103	facility,] may otherwise enter and inspect the facility during
104	104	reasonable hours and investigate conditions, practices, or other
105	105	matters as necessary or appropriate to determine whether a person
106	106	has violated this subchapter or a rule adopted under this
107	107	subchapter.
108	108	(c) In addition to the inspection required under Subsection
109	109	(b)(1), the department by rule shall:
110	110	(1) prioritize the inspection of migrant labor housing
111	111	facilities during the probable period of use of the facility as
112	112	stated under Section 2306.923(c)(3); and
113	113	(2) establish an annual quota of proactive inspections
114	114	of suspected unlicensed or noncompliant migrant labor housing
115	115	facilities.
116	116	(d) The quota established under Subsection (c)(2) may not be
117	117	less than 15 percent of the number of migrant labor housing
118	118	facilities licensed under this subchapter in the preceding state
119	119	fiscal year. An inspection conducted under Subsection (c)(1) may
120	120	be used to satisfy the quota established by Subsection (c)(2).
121	121	(e) During an inspection conducted under Subsection (b)(1),
122	122	the inspector shall:
123	123	(1) conduct interviews with occupants of the facility,
124	124	including any person who submitted a complaint requiring the
125	125	inspection under Subsection (b)(1);
126	126	(2) make written notes regarding the inspection at the
127	127	time of the inspection or immediately after the inspection; and
128	128	(3) take photographs of any violations.
129	129	(f) An interview under Subsection (e)(1) must be conducted:
130	130	(1) after working hours or on rest days, to the extent
131	131	possible; and
132	132	(2) out of the presence of any person who owns or
133	133	establishes or who maintains, operates, or otherwise provides the
134	134	migrant labor housing facility or any person who employs the
135	135	migrant agricultural workers occupying the facility.
136	136	Sec. 2306.9281. INSPECTION REPORT. (a) After an
137	137	inspection, the inspector shall submit to the department a report
138	138	containing:
139	139	(1) a narrative regarding the alleged violation and
140	140	the methods used to investigate the alleged violation;
141	141	(2) a determination of whether the alleged violation,
142	142	or any other violation, exists; and
143	143	(3) evidence supporting the determination made under
144	144	Subdivision (2), including any photographs taken under Section
145	145	2306.928(e)(3).
146	146	(b) The department by rule shall establish and require the
147	147	use of a standardized inspection report form for conducting
148	148	inspections under Section 2306.928.
149	149	Sec. 2306.929. COMPLAINTS [FEE]. (a) The department by
150	150	rule shall:
151	151	(1) establish procedures for the submission,
152	152	investigation, and resolution of complaints of alleged violations
153	153	of this subchapter, including a procedure through which other state
154	154	agencies that receive a complaint under Subsection (b)(2) can
155	155	report the complaint to the department; and
156	156	(2) adopt a standardized complaint form.
157	157	(b) The procedures established under Subsection (a)(1) must
158	158	allow the submission of complaints:
159	159	(1) by a third party; and
160	160	(2) through the department's Internet website, at any
161	161	state agency, by telephone, or in writing.
162	162	(c) The form adopted under Subsection (a)(2) must allow for
163	163	the collection of information regarding:
164	164	(1) the name, address, and contact information of:
165	165	(A) the employer;
166	166	(B) the farm labor contractor; and
167	167	(C) the migrant labor housing facility provider;
168	168	(2) the address, including a unit number, and location
169	169	of the facility and directions to the facility;
170	170	(3) the number of migrant agricultural workers:
171	171	(A) currently occupying the facility; and
172	172	(B) occupying the facility during the peak period
173	173	of occupancy;
174	174	(4) the dates the facility has been occupied and the
175	175	approximate length of the season for which the facility will be
176	176	occupied;
177	177	(5) the type of work performed by the workers
178	178	occupying the facility;
179	179	(6) whether the postings required under Section
180	180	2306.927 are displayed;
181	181	(7) complaints about the facility; and
182	182	(8) any other information the department considers
183	183	necessary.
184	184	(d) The department shall consider a report regarding an
185	185	unlicensed migrant labor housing facility to be a complaint under
186	186	this section.
187	187	(e) The department shall make available to a person
188	188	submitting a complaint information regarding other housing and
189	189	transportation resources available to the person.
190	190	(f) Personal identifying information of a person submitting
191	191	a complaint under this section is confidential and not subject to
192	192	disclosure under Chapter 552.
193	193	(g) If a complaint filed under this section is dismissed or
194	194	not yet resolved before the 181st day after the date the complaint
195	195	was filed, the department shall provide timely written notice of
196	196	the dismissal or failure to resolve the complaint to the person
197	197	filing the complaint. The notice must be sent by certified mail [The
198	198	board shall set the license fee in an amount not to exceed $250].
199	199	SECTION 8. The heading to Section 2306.931, Government
200	200	Code, is amended to read as follows:
201	201	Sec. 2306.931. ENFORCEMENT; ADOPTION OF RULES REGARDING
202	202	HEALTH AND SAFETY AND LICENSING.
203	203	SECTION 9. Section 2306.931(e), Government Code, is amended
204	204	to read as follows:
205	205	(e) The board by rule shall adopt minimum standards for
206	206	issuing, revoking, or suspending a license issued under this
207	207	subchapter, including rules that provide for the immediate
208	208	suspension or revocation of a license for certain violations that
209	209	constitute threats to the health and safety of persons living in
210	210	migrant labor housing facilities.
211	211	SECTION 10. Subchapter LL, Chapter 2306, Government Code,
212	212	is amended by amending Section 2306.933 and adding Sections
213	213	2306.934, 2306.935, and 2306.936 to read as follows:
214	214	Sec. 2306.933. CIVIL PENALTY. (a) A person who violates
215	215	this subchapter or a rule adopted under this subchapter is subject
216	216	to a civil penalty of not less than $50 for each person occupying
217	217	the migrant labor housing facility in violation of this subchapter
218	218	[$200] for each day that the violation occurs.
219	219	(b) An [The county attorney for the county in which the
220	220	violation occurred, or the attorney general, at the request of the
221	221	department, shall bring an] action [in the name of the state] to
222	222	collect a [the] penalty under this section may be brought by:
223	223	(1) the department through the contested case hearing
224	224	process described by Section 2306.930(b);
225	225	(2) the county attorney for the county in which the
226	226	violation occurred, or the attorney general, at the request of the
227	227	department; or
228	228	(3) a migrant agricultural worker who, at the time of
229	229	the violation, lived in the migrant labor housing facility that is
230	230	the subject of the violation.
231	231	(c) An action may be brought under Subsection (b)(3) only
232	232	if:
233	233	(1) before the 181st day after the date the complaint
234	234	was filed, the department dismisses a complaint filed under Section
235	235	2306.929 or does not resolve the complaint; and
236	236	(2) the complainant receives approval from the
237	237	department in the manner provided by Subsection (d).
238	238	(d) Beginning on the 181st day after a complaint is filed
239	239	under Section 2306.929, a complainant whose complaint has not yet
240	240	been dismissed or otherwise resolved is entitled to request from
241	241	the department a written notice of the complainant's right to file a
242	242	civil action. The complainant must request the notice in writing.
243	243	The executive director may issue the notice. Failure to issue the
244	244	notice of a complainant's right to file a civil action does not
245	245	affect the complainant's right under this section to bring a civil
246	246	action against the respondent.
247	247	(e) The department by rule shall adopt a penalty schedule
248	248	that increases the amount of the penalty assessed against a person
249	249	who repeatedly violates this subchapter or rules adopted under this
250	250	subchapter.
251	251	(f) A penalty collected under Subsection (b)(1) or (2) shall
252	252	be deposited to the credit of the general revenue fund and may be
253	253	appropriated only to the department for the enforcement of this
254	254	subchapter.
255	255	Sec. 2306.934. ATTORNEY'S FEES. In an action under this
256	256	subchapter, the court may award reasonable attorney's fees to the
257	257	prevailing party.
258	258	Sec. 2306.935. RETALIATION PROHIBITED. A person who owns,
259	259	establishes, maintains, operates, procures, makes arrangements
260	260	for, or otherwise provides a migrant labor housing facility, a
261	261	person who employs a migrant agricultural worker who occupies a
262	262	migrant labor housing facility, or a farm labor contractor may not
263	263	retaliate against a person for filing a complaint or providing
264	264	information in good faith relating to a possible violation of this
265	265	subchapter.
266	266	Sec. 2306.936. OUTREACH AND EDUCATION. (a) The department
267	267	shall provide:
268	268	(1) to migrant agricultural workers in different
269	269	regions of the state, educational materials or programs that are
270	270	presented in English, Spanish, and other languages as appropriate
271	271	and that inform the workers of their rights and remedies under this
272	272	subchapter; and
273	273	(2) to persons who own, establish, maintain, operate,
274	274	procure, make arrangements for, or otherwise provide migrant labor
275	275	housing facilities, educational materials or programs that are
276	276	presented in English, Spanish, and other languages as appropriate
277	277	and that inform the persons of their obligations under this
278	278	subchapter.
279	279	(b) To better provide the services described by Subsection
280	280	(a), the department shall:
281	281	(1) ensure that, in each region of the state where
282	282	migrant labor housing facilities are most common, there are persons
283	283	capable of providing the information described by Subsection (a) in
284	284	English, Spanish, and other languages as appropriate; and
285	285	(2) conduct research, including by surveying migrant
286	286	agricultural workers, concerning:
287	287	(A) what types of migrant labor housing
288	288	facilities are most common in different regions of the state; and
289	289	(B) what regions of the state most need
290	290	additional or improved migrant labor housing facilities.
291	291	SECTION 11. Not later than March 1, 2024, the Texas
292	292	Department of Housing and Community Affairs shall adopt the rules
293	293	necessary to implement Subchapter LL, Chapter 2306, Government
294	294	Code, as amended by this Act.
295	295	SECTION 12. (a) Except as provided by Subsection (b) of
296	296	this section, the change in law made by this Act applies only to an
297	297	administrative or regulatory action taken on or after the effective
298	298	date of this Act. An administrative or regulatory action taken
299	299	before the effective date of this Act is governed by the law
300	300	applicable to the administrative or regulatory action immediately
301	301	before the effective date of this Act, and that law is continued in
302	302	effect for that purpose.
303	303	(b) The change in law made by this Act in amending Section
304	304	2306.933, Government Code, and adding Section 2306.934, Government
305	305	Code, applies only to a violation that occurs on or after the
306	306	effective date of this Act. A violation occurs before the effective
307	307	date of this Act if any element of the violation occurs before that
308	308	date. A violation that occurs before the effective date of this Act
309	309	is governed by the law in effect on the date the violation occurred,
310	310	and the former law is continued in effect for that purpose.
311	311	SECTION 13. This Act takes effect January 1, 2024.