Bill Text: TX HB2677 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the regulation of migrant labor housing facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-01 - Committee report sent to Calendars [HB2677 Detail]
Download: Texas-2017-HB2677-Introduced.html
85R12488 JAM-F | ||
By: Bernal | H.B. No. 2677 |
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relating to the regulation of migrant labor housing facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter LL, Chapter 2306, Government Code, is | ||
amended by amending Section 2306.933 and adding Sections 2306.934 | ||
and 2306.935 to read as follows: | ||
Sec. 2306.933. CIVIL PENALTY. (a) A person who violates | ||
this subchapter or a rule adopted under this subchapter is subject | ||
to a civil penalty of not less than $50 for each person occupying | ||
the migrant labor housing facility in violation of this subchapter | ||
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(b) An [ |
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collect a [ |
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(1) the department through the contested case hearing | ||
process described by Section 2306.930(b); | ||
(2) the county attorney for the county in which the | ||
violation occurred, or the attorney general, at the request of the | ||
department; or | ||
(3) a migrant agricultural worker who, at the time of | ||
the violation, lived in the migrant labor housing facility that is | ||
the subject of the violation. | ||
(c) The department by rule shall adopt a penalty schedule | ||
that increases the amount of the penalty assessed against a person | ||
who repeatedly violates this subchapter or rules adopted under this | ||
subchapter. | ||
(d) A penalty collected under Subsection (b)(1) or (2) shall | ||
be deposited to the credit of the general revenue fund and may be | ||
appropriated only to the department for the enforcement of this | ||
subchapter. | ||
Sec. 2306.934. RETALIATION PROHIBITED. A person who owns, | ||
establishes, maintains, operates, or otherwise provides a migrant | ||
labor housing facility, a person who employs a migrant agricultural | ||
worker who occupies a migrant labor housing facility, or a farm | ||
labor contractor may not retaliate against a person for filing a | ||
complaint or providing information in good faith relating to a | ||
possible violation of this subchapter. | ||
Sec. 2306.935. ATTORNEY'S FEES. The court in a suit brought | ||
under this subchapter may award reasonable attorney's fees to the | ||
prevailing party. | ||
SECTION 2. Not later than March 1, 2018, the Texas | ||
Department of Housing and Community Affairs shall adopt the rules | ||
necessary to implement Subchapter LL, Chapter 2306, Government | ||
Code, as amended by this Act. | ||
SECTION 3. The change in law made by this Act in amending | ||
Section 2306.933, Government Code, and adding Section 2306.935, | ||
Government Code, applies only to a violation that occurs on or after | ||
the effective date of this Act. A violation that occurs before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the violation occurred, and the former law is continued in | ||
effect for that purpose. For purposes of this section, a violation | ||
occurs before the effective date of this Act if any element of the | ||
violation occurs before that date. | ||
SECTION 4. This Act takes effect September 1, 2017. |