Bill Text: TX HB883 | 2023-2024 | 88th Legislature | Comm Sub
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 2-0)
Status: (Introduced - Dead) 2023-04-13 - Committee report sent to Calendars [HB883 Detail]
Download: Texas-2023-HB883-Comm_Sub.html
88R20427 JAM-F | |||
By: Romero, Jr., Bernal | H.B. No. 883 | ||
Substitute the following for H.B. No. 883: | |||
By: Lozano | C.S.H.B. No. 883 |
|
||
|
||
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 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 [ |
||
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 | ||
[ |
||
sufficient to cover the costs of administering this subchapter, | ||
including costs associated with conducting inspections and | ||
reinspections under this subchapter. The license fee may not | ||
exceed $75. | ||
(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, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) The department may not issue a license for a migrant | ||
labor housing facility that does not meet the reasonable minimum | ||
standards of construction, sanitation, equipment, and operation | ||
required by rules adopted under this subchapter. | ||
(a-1) If a migrant labor housing facility for which a | ||
license application is made does not meet the [ |
||
standards described by Subsection (a) [ |
||
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 | ||
[ |
||
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 amending Sections 2306.927, 2306.928, and 2306.929 and | ||
adding Section 2306.9281 to read as follows: | ||
Sec. 2306.927. [ |
||
INFORMATION. A person who holds a license issued under this | ||
subchapter shall post [ |
||
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 on receipt of a | ||
complaint under Section 2306.929, including a report of an | ||
unlicensed migrant labor housing facility; and | ||
(2) [ |
||
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 inspection required under Subsection | ||
(b)(1), the department by rule shall: | ||
(1) prioritize the inspection of migrant labor housing | ||
facilities during the probable period of use of the facility as | ||
stated under Section 2306.923(c)(3); and | ||
(2) establish an annual quota of proactive inspections | ||
of suspected unlicensed or noncompliant migrant labor housing | ||
facilities. | ||
(d) The quota established under Subsection (c)(2) may not be | ||
less than 15 percent of the number of migrant labor housing | ||
facilities licensed under this subchapter in the preceding state | ||
fiscal year. An inspection conducted under Subsection (c)(1) may | ||
be used to satisfy the quota established by Subsection (c)(2). | ||
(e) During an inspection conducted under Subsection (b)(1), | ||
the inspector shall: | ||
(1) conduct interviews with occupants of the facility, | ||
including any person who submitted a complaint requiring the | ||
inspection under Subsection (b)(1); | ||
(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. | ||
(f) An interview under Subsection (e)(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(e)(3). | ||
(b) 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 [ |
||
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) by a third party; and | ||
(2) through the department's Internet website, 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 information regarding other housing and | ||
transportation resources available to the person. | ||
(f) Personal identifying information of a person submitting | ||
a complaint under this section is confidential and not subject to | ||
disclosure under Chapter 552. | ||
(g) If a complaint filed under this section is dismissed or | ||
not yet resolved before the 181st day after the date the complaint | ||
was filed, the department shall provide timely written notice of | ||
the dismissal or failure to resolve the complaint to the person | ||
filing the complaint. The notice must be sent by certified mail [ |
||
SECTION 8. 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 9. 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 10. 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 | ||
[ |
||
(b) An [ |
||
collect a [ |
||
(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) An action may be brought under Subsection (b)(3) only | ||
if: | ||
(1) before the 181st day after the date the complaint | ||
was filed, the department dismisses a complaint filed under Section | ||
2306.929 or does not resolve the complaint; and | ||
(2) the complainant receives approval from the | ||
department in the manner provided by Subsection (d). | ||
(d) Beginning on the 181st day after a complaint is filed | ||
under Section 2306.929, a complainant whose complaint has not yet | ||
been dismissed or otherwise resolved is entitled to request from | ||
the department a written notice of the complainant's right to file a | ||
civil action. The complainant must request the notice in writing. | ||
The executive director may issue the notice. Failure to issue the | ||
notice of a complainant's right to file a civil action does not | ||
affect the complainant's right under this section to bring a civil | ||
action against the respondent. | ||
(e) 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. | ||
(f) 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. In an action under this | ||
subchapter, the court may award reasonable attorney's fees to the | ||
prevailing party. | ||
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 11. Not later than March 1, 2024, 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 12. (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 13. This Act takes effect January 1, 2024. |