Bill Text: TX HB862 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the regulation of migrant labor housing facilities; authorizing an increase in the amount of a fee; changing the amount of a civil penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB862 Detail]

Download: Texas-2021-HB862-Introduced.html
  87R3733 JAM-F
 
  By: Romero, Jr. H.B. No. 862
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of migrant labor housing facilities;
  authorizing an increase in the amount of a fee; changing the amount
  of a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2306.922, Government Code, is amended to
  read as follows:
         Sec. 2306.922.  LICENSE REQUIRED. A person may not:
               (1)  establish, maintain, or operate a migrant labor
  housing facility without obtaining a license for the facility from
  the department; or
               (2)  procure, make arrangements for, or otherwise
  provide housing for migrant agricultural workers without ensuring
  that the applicable migrant labor housing facility is licensed
  under this subchapter.
         SECTION 2.  The heading to Section 2306.923, Government
  Code, is amended to read as follows:
         Sec. 2306.923.  LICENSE APPLICATION; FEE [APPLICATION
  INSPECTION].
         SECTION 3.  Section 2306.923, Government Code, is amended by
  amending Subsection (d) and adding Subsections (e), (f), and (g) to
  read as follows:
         (d)  An applicant who seeks to substitute an inspection
  conducted by the United States Department of Labor or the Texas
  Workforce Commission for a pre-occupation inspection conducted by
  the department under Section 2306.924 must include with the
  application:
               (1)  individualized affirmations regarding the
  facility's compliance with each state standard established by this
  subchapter; and
               (2)  electronically submitted digital images of the
  facility that hold metadata verifying when and where the images
  were taken. 
         (e)  The department shall prescribe the form and manner of an
  application made under this section.
         (f)  The application must be accompanied by a reasonable
  [the] license fee established by the board by rule in an amount
  sufficient to cover the costs of administering this subchapter,
  including costs associated with conducting inspections and
  reinspections under this subchapter.
         (g)  A fee collected under this section shall be deposited to
  the credit of the general revenue fund and may be appropriated to
  the department for the administration of this subchapter.
         SECTION 4.  The heading to Section 2306.924, Government
  Code, is amended to read as follows:
         Sec. 2306.924.  PRE-OCCUPATION INSPECTION.
         SECTION 5.  Section 2306.925(a), Government Code, is amended
  to read as follows:
         (a)  If a migrant labor housing facility for which a license
  application is made does not meet the reasonable minimum standards
  of construction, sanitation, equipment, and operation required by
  rules adopted under this subchapter, the department at the time of
  inspection shall give the license applicant in writing the reasons
  that the facility does not meet those standards. The applicant may
  remedy the deficiency and request the department to reinspect the
  facility not later than the 10th [60th] day after the date on which
  the reasons are given.
         SECTION 6.  Section 2306.926(b), Government Code, is amended
  to read as follows:
         (b)  The license expires on the first anniversary of the date
  of issuance. Not later than the 60th day before the date a license
  is scheduled to expire, the department shall give notice of the
  expiration to the license holder.
         SECTION 7.  Subchapter LL, Chapter 2306, Government Code, is
  amended by adding Section 2306.9261 to read as follows:
         Sec. 2306.9261.  THIRD-PARTY APPEAL OF LICENSE
  DETERMINATION. The department by rule shall adopt procedures
  through which third parties, including migrant agricultural
  workers and advocacy groups, may appeal the issuance or denial of a
  license or the imposition of a condition on a license.
         SECTION 8.  Subchapter LL, Chapter 2306, Government Code, is
  amended by amending Sections 2306.927, 2306.928, and 2306.929 and
  adding Section 2306.9281 to read as follows:
         Sec. 2306.927.  [LICENSE] POSTING OF LICENSE AND COMPLAINT
  INFORMATION. A person who holds a license issued under this
  subchapter shall post [the license] in the licensed migrant labor
  housing facility at all times during the maintenance or operation
  of the facility a copy of:
               (1)  the license; and 
               (2)  information describing in English and Spanish the
  complaint procedures provided by Section 2306.929.
         Sec. 2306.928.  INSPECTION OF FACILITIES. (a)  Before
  conducting an inspection of a migrant labor housing facility under
  this section, an authorized representative of the department must
  give or make a reasonable attempt to give notice to the persons who:
               (1)  are the providers of the facility, based on
  evidence available to the department; and
               (2)  if applicable, are alleged to be the providers of
  the facility in any complaint filed under this chapter.
         (b)  An authorized representative of the department, after
  giving or making a reasonable attempt to give notice under
  Subsection (a):
               (1)  shall inspect the facility:
                     (A)  on receipt of a complaint under Section
  2306.929, including a report of an unlicensed migrant labor housing
  facility; and
                     (B)  at least once during the probable period of
  use of the facility as stated under Section 2306.923(c)(3); and
               (2)  [to the operator of a migrant labor housing
  facility,] may otherwise enter and inspect the facility during
  reasonable hours and investigate conditions, practices, or other
  matters as necessary or appropriate to determine whether a person
  has violated this subchapter or a rule adopted under this
  subchapter.
         (c)  In addition to the inspections required under
  Subsection (b)(1), the department by rule shall establish an annual
  quota of proactive inspections of suspected unlicensed or
  noncompliant migrant labor housing facilities. The quota
  established under this subsection may not be less than 50 percent of
  the number of migrant labor housing facilities licensed under this
  subchapter in the preceding state fiscal year.
         (d)  During an inspection conducted under Subsection (b)(1),
  the inspector shall:
               (1)  conduct interviews with not less than 10 percent
  of the occupants of the facility, including any person who
  submitted a complaint requiring the inspection under Subsection
  (b)(1)(A), if known;
               (2)  make written notes regarding the inspection at the
  time of the inspection or immediately after the inspection; and
               (3)  take photographs of any violations.
         (e)  An interview under Subsection (d)(1) must be conducted:
               (1)  after working hours or on rest days, to the extent
  possible; and
               (2)  out of the presence of any person who owns or
  establishes or who maintains, operates, or otherwise provides the
  migrant labor housing facility or any person who employs the
  migrant agricultural workers occupying the facility.
         Sec. 2306.9281.  INSPECTION REPORT. (a) After an
  inspection, the inspector shall submit to the department a report
  containing:
               (1)  a narrative regarding the alleged violation and
  the methods used to investigate the alleged violation;
               (2)  a determination of whether the alleged violation,
  or any other violation, exists; and
               (3)  evidence supporting the determination made under
  Subdivision (2), including any photographs taken under Section
  2306.928(d)(3).
         (b)  A report under Subsection (a) must be made available to
  the public on the department's Internet website. The department
  shall redact each migrant agricultural worker's name and other
  personal information contained in a report made available under
  this subsection.
         (c)  The department by rule shall establish and require the
  use of a standardized inspection report form for conducting
  inspections under Section 2306.928.
         Sec. 2306.929.  COMPLAINTS [FEE]. (a) The department by
  rule shall:
               (1)  establish procedures for the submission,
  investigation, and resolution of complaints of alleged violations
  of this subchapter, including a procedure through which other state
  agencies that receive a complaint under Subsection (b)(2) can
  report the complaint to the department; and
               (2)  adopt a standardized complaint form.
         (b)  The procedures established under Subsection (a)(1) must
  allow the submission of complaints:
               (1)  anonymously or by a third party; and
               (2)  through the department's Internet website, in
  person at any nonprofit organization that assists migrant
  agricultural workers in finding employment or at any state agency,
  by telephone, or in writing.
         (c)  The form adopted under Subsection (a)(2) must allow for
  the collection of information regarding:
               (1)  the name, address, and contact information of:
                     (A)  the employer; 
                     (B)  the farm labor contractor; and
                     (C)  the migrant labor housing facility provider;
               (2)  the address, including a unit number, and location
  of the facility and directions to the facility;
               (3)  the number of migrant agricultural workers:
                     (A)  currently occupying the facility; and
                     (B)  occupying the facility during the peak period
  of occupancy;
               (4)  the dates the facility has been occupied and the
  approximate length of the season for which the facility will be
  occupied; 
               (5)  the type of work performed by the workers
  occupying the facility;
               (6)  whether the postings required under Section
  2306.927 are displayed;
               (7)  complaints about the facility; and
               (8)  any other information the department considers
  necessary.
         (d)  The department shall consider a report regarding an
  unlicensed migrant labor housing facility to be a complaint under
  this section.
         (e)  The department shall make available to a person
  submitting a complaint, if the identity of that person is known,
  information regarding other housing and transportation resources
  available to the person [The board shall set the license fee in an
  amount not to exceed $250].
         SECTION 9.  Subchapter LL, Chapter 2306, Government Code, is
  amended by adding Section 2306.9305 to read as follows:
         Sec. 2306.9305.  DUTY TO PROVIDE HOUSING ON SUSPENSION OR
  REVOCATION OF LICENSE. (a) The department by rule shall establish
  procedures requiring the owner or provider of a migrant labor
  housing facility, on suspension or revocation of a license as
  provided by Section 2306.930, to relocate or provide for the
  relocation of the occupants of the facility to another facility
  that:
               (1)  meets the occupancy standards of this subchapter;
  and
               (2)  is located in the same area as the vacated
  facility.
         (b)  An owner or provider required to relocate an occupant
  under Subsection (a) shall pay any rental cost of the relocation
  facility that exceeds the rent of the vacated facility.
         SECTION 10.  The heading to Section 2306.931, Government
  Code, is amended to read as follows:
         Sec. 2306.931.  ENFORCEMENT; ADOPTION OF RULES REGARDING
  HEALTH AND SAFETY AND LICENSING.
         SECTION 11.  Section 2306.931(e), Government Code, is
  amended to read as follows:
         (e)  The board by rule shall adopt minimum standards for
  issuing, revoking, or suspending a license issued under this
  subchapter, including rules that provide for the immediate
  suspension or revocation of a license for certain violations that
  constitute threats to the health and safety of persons living in
  migrant labor housing facilities.
         SECTION 12.  Subchapter LL, Chapter 2306, Government Code,
  is amended by amending Section 2306.933 and adding Sections
  2306.934, 2306.935, and 2306.936 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
  [$200] for each day that the violation occurs.
         (b)  An [The county attorney for the county in which the
  violation occurred, or the attorney general, at the request of the
  department, shall bring an] action [in the name of the state] to
  collect a [the] penalty under this section may be brought by:
               (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.  ATTORNEY'S FEES. A person against whom a
  civil penalty is assessed under Section 2306.933 is liable for
  paying the costs and attorney's fees of the person who brought the
  action under Section 2306.933(b).
         Sec. 2306.935.  RETALIATION PROHIBITED. A person who owns,
  establishes, maintains, operates, procures, makes arrangements
  for, 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. 2306.936.  OUTREACH AND EDUCATION. (a) The department
  shall provide:
               (1)  to migrant agricultural workers in different
  regions of the state, educational materials or programs that are
  presented in English, Spanish, and other languages as appropriate
  and that inform the workers of their rights and remedies under this
  subchapter; and
               (2)  to persons who own, establish, maintain, operate,
  procure, make arrangements for, or otherwise provide migrant labor
  housing facilities, educational materials or programs that are
  presented in English, Spanish, and other languages as appropriate
  and that inform the persons of their obligations under this
  subchapter.
         (b)  To better provide the services described by Subsection
  (a), the department shall:
               (1)  ensure that, in each region of the state where
  migrant labor housing facilities are most common, there are persons
  capable of providing the information described by Subsection (a) in
  English, Spanish, and other languages as appropriate; and
               (2)  conduct research, including by surveying migrant
  agricultural workers, concerning:
                     (A)  what types of migrant labor housing
  facilities are most common in different regions of the state; and
                     (B)  what regions of the state most need
  additional or improved migrant labor housing facilities.
         SECTION 13.  Not later than March 1, 2022, 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 14.  (a)  Except as provided by Subsection (b) of
  this section, the change in law made by this Act applies only to an
  administrative or regulatory action taken on or after the effective
  date of this Act. An administrative or regulatory action taken
  before the effective date of this Act is governed by the law
  applicable to the administrative or regulatory action immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         (b)  The change in law made by this Act in amending Section
  2306.933, Government Code, and adding Section 2306.934, Government
  Code, applies only to a violation that occurs on or after the
  effective date of this Act. A violation occurs before the effective
  date of this Act if any element of the violation occurs before that
  date. 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.
         SECTION 15.  This Act takes effect September 1, 2021.
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