Bill Text: TX SB1025 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the regulation of migrant labor housing facilities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-03-06 - Referred to Agriculture, Water, & Rural Affairs [SB1025 Detail]
Download: Texas-2017-SB1025-Introduced.html
85R3262 JAM-D | ||
By: Rodríguez, Hinojosa | S.B. No. 1025 |
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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. Section 2306.921(3), Government Code, is amended | ||
to read as follows: | ||
(3) "Migrant labor housing facility" means a facility | ||
that is established, operated, or used for more than three days as | ||
living quarters for [ |
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agricultural workers, whether rent is paid or reserved in | ||
connection with the use of the facility. | ||
SECTION 2. 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) otherwise provide housing for migrant | ||
agricultural workers without ensuring that the migrant labor | ||
housing facility is licensed under this subchapter. | ||
SECTION 3. The heading to Section 2306.923, Government | ||
Code, is amended to read as follows: | ||
Sec. 2306.923. LICENSE APPLICATION; FEE [ |
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SECTION 4. Section 2306.923(d), Government Code, is amended | ||
to read as follows: | ||
(d) The application must be accompanied by a [ |
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fee in an amount established by board rule. | ||
SECTION 5. The heading to Section 2306.924, Government | ||
Code, is amended to read as follows: | ||
Sec. 2306.924. PRE-OCCUPATION INSPECTION. | ||
SECTION 6. 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 [ |
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the reasons are given. | ||
SECTION 7. 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 8. 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 9. 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. [ |
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INFORMATION. A person who holds a license issued under this | ||
subchapter shall post [ |
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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) An | ||
authorized representative of the department, after giving or making | ||
a reasonable attempt to give notice to the provider [ |
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migrant labor housing facility: | ||
(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) [ |
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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. | ||
(b) In addition to the inspections required under | ||
Subsection (a)(1), the department by rule shall establish an annual | ||
quota of proactive inspections of suspected unlicensed or | ||
noncompliant migrant labor housing facilities. | ||
(c) During an inspection conducted under Subsection (a)(1), | ||
the inspector shall: | ||
(1) conduct interviews with occupants of the facility, | ||
including any person who submitted a complaint requiring the | ||
inspection under Subsection(a)(1)(A), if known; and | ||
(2) take photographs of any violations. | ||
(d) An interview under Subsection (c)(1) must be conducted: | ||
(1) after working hours or on rest days, to the extent | ||
possible; and | ||
(2) out of the presence of a person who owns or | ||
establishes or who maintains, operates, or otherwise provides the | ||
migrant labor housing facility and a 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(c)(2). | ||
(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 a standardized | ||
inspection report form for use in conducting inspections under | ||
Section 2306.928. | ||
Sec. 2306.929. COMPLAINTS [ |
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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 procedure 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 phone, 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 and location of 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 [ |
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SECTION 10. 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 11. 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 12. 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 severe threats to the health and safety of persons | ||
living in migrant labor housing facilities. | ||
SECTION 13. 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 | ||
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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. | ||
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 in English | ||
and Spanish informing the workers of their rights and remedies | ||
under this subchapter; and | ||
(2) to persons who own, establish, maintain, operate, | ||
or otherwise provide migrant labor housing facilities, educational | ||
materials or programs in English and Spanish informing 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 in English and Spanish the information | ||
described by Subsection (a); 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 14. 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 15. (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 2306.935, 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 16. This Act takes effect September 1, 2017. |