89R2197 RAL-F     By: Bernal H.B. No. 164       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of migrant labor housing facilities;   changing the amount of a civil penalty.          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,   2306.935, 2306.936, 2306.937, 2306.938, 2306.939, and 2306.940 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 civil [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 if:                      (A)  a complaint regarding the violation for which   the civil penalty is sought has been submitted under Section   2306.934; and                      (B)  at the time the complaint described by   Paragraph (A) is submitted, the worker:                            (i)  lives in the migrant labor housing   facility that is the subject of the complaint; and                            (ii)  is not temporarily in the United   States under an H-2A visa authorized by 8 U.S.C. Section   1101(a)(15)(H)(ii)(a).          (c)  An action to collect a civil penalty under this section   may not be brought while:                (1)  a contested case hearing brought by the department   under Section 2306.930(b) and relating to the same migrant labor   housing facility is pending;                 (2)  an action for injunctive relief relating to the   same violation is pending under Section 2306.932;                (3)  an action brought by a county attorney or the   attorney general and relating to the same migrant labor housing   facility is pending; or                (4)  the operator of the migrant labor housing facility   that is the subject of the action is:                      (A)  waiting for the facility to be inspected   under Section 2306.935(c) to confirm remediation of the violation   that is the subject of the action; or                       (B)  providing housing at a facility under Section   2306.936(d) to which the migrant agricultural workers who occupied   the facility that is the subject of the action have been relocated.          (d)  A civil penalty under this section begins accruing on   the earlier of:                (1)  for a violation with a remediation period   described by Section 2306.935, the day that:                      (A)  the department determines based on   information submitted under Section 2306.935(b) that the operator   has failed to remedy the violation; or                      (B)  an inspection described by Section   2306.935(c) establishes that the migrant housing facility operator   has failed to remedy the violation; or                (2)  for a violation with a remediation period   described by Section 2306.936, the 31st day following the date that   notification of the complaint is received from the department,   unless the operator has relocated under Section 2306.936(d) the   migrant agricultural workers who occupied the facility that is the   subject of the complaint.          (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.  COMPLAINT; NOTICE; DISMISSAL.  (a) In this   section, "designated representative" means an individual or   organization to whom a migrant agricultural worker has given   written authorization to exercise the worker's right to file a   complaint under this section.          (b)  The department by rule shall establish a process for:                (1)  the submission to the department of a complaint   regarding a migrant labor housing facility;                (2)  determining whether a complaint is unfounded or   does not violate the standards adopted by the department; and                (3)  the investigation, resolution, or dismissal of a   complaint submitted under Subdivision (1), including confirmation   of remediation through the methods described by Sections 2306.935   and 2306.936.          (c)  The process established under Subsection (b)(1) must   allow the submission of complaints:                (1)  only by:                      (A)  an occupant of the migrant labor housing   facility that is the subject of the complaint;                      (B)  a prospective occupant of the migrant labor   housing facility that is the subject of the complaint;                      (C)  the designated representative of a person   described by Paragraph (A) or (B); or                      (D)  an individual, including the owner or tenant   of an adjacent property, that has observed a clear violation of this   subchapter; and                (2)  through the department's Internet website, in   person at any department office, or by telephone or written notice   to the department.          (d)  Not later than the fifth day after the date on which the   department receives a complaint, the department shall notify the   operator of the migrant labor housing facility that is the subject   of the complaint. Notice under this subsection must include:                (1)  the date that the complaint was received;                (2)  the subject matter of the complaint;                (3)  the name of each person contacted in relation to   the complaint, if any; and                (4)  the timeline for remedying a complaint that is not   otherwise dismissed by the department.          (e)  If the department is unable to make contact with an   operator of a migrant labor housing facility for the purpose of   serving a notification of a complaint, the department shall serve   the notification of the complaint via registered or certified mail,   return receipt requested.          (f)  If the department determines that a complaint is   unfounded or does not violate the standards adopted by rule, the   department may dismiss the complaint and shall include a statement   of the reason for the dismissal in the record of the complaint.  The   department shall provide timely notice of any dismissal of the   complaint, including the explanation for the dismissal, to the   operator of the migrant labor housing facility that is the subject   of the complaint.          (g)  A designated representative may not be required to   reveal the name of any migrant agricultural worker on whose behalf   the representative submitted a complaint under this section if the   department reviews the written authorization establishing the   representation and verifies that the representative is authorized   to submit the complaint.          Sec. 2306.935.  REMEDIATION OF COMPLAINT IN GENERAL. (a)   Subject to Section 2306.936, not later than the seventh day after   the date that notice is received under Section 2306.934, the   operator of a migrant labor housing facility shall remedy the   complaint.          (b)  The department by rule shall establish a procedure by   which the operator of a migrant labor housing facility may submit   proof of remediation of a complaint through visual evidence and a   sworn affidavit.          (c)  For an operator of a migrant labor housing facility who   receives notice under Section 2306.934(e) or who does not submit   proof of remediation in the manner provided by Subsection (b), the   department shall have the facility inspected as soon as possible   following the seventh day after the date notice is received under   Section 2306.934 to ensure remediation of the complaint.           Sec. 2306.936.  REMEDIATION OF COMPLAINT REGARDING CERTAIN   VIOLATIONS. (a)  This section applies only to a complaint that   alleges a violation that the department determines poses an   imminent hazard or threat to the health and safety of the occupants   of the facility, including violations of rules adopted by the   department concerning sanitation.          (b)  Subject to Subsection (d), not later than the 30th day   after the date notice is received under Section 2306.934, the   operator of a migrant labor housing facility that is the subject of   a complaint described by Subsection (a) shall remedy the complaint.          (c)  The department may refer a complaint described by   Subsection (a) to a local authority for immediate inspection of the   migrant labor housing facility.           (d)  The department by rule shall establish a procedure for   requiring the owner of a migrant labor housing facility to relocate   or provide for the relocation to another housing facility of the   occupants of a facility that is the subject of a complaint under   Subsection (a) if the remediation of that complaint is projected to   take longer than a period of 30 days. A housing facility to which a   person is relocated under this subsection:                (1)  must meet the occupancy standards adopted under   this subchapter;                (2)  must be located in the same vicinity as the vacated   facility; and                (3)  may not require a rent payment from a displaced   migrant agricultural worker that exceeds the rent charged for the   vacated facility.           (e)  Subsection (d) does not apply to a migrant agricultural   worker who is temporarily in the United States under an H-2A visa   authorized under 8 U.S.C. Section 1101(a)(15)(H)(ii)(a).          Sec. 2306.937.  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. 2306.938.  ATTORNEY'S FEES. The court in a suit brought   under this subchapter may award reasonable attorney's fees to the   prevailing party.          Sec. 2306.939.  INTERAGENCY COOPERATION. (a) The   department shall identify other state agencies that may interact   with occupants of migrant housing facilities to assist the   department in identifying and locating unlicensed migrant labor   housing facilities.          (b)  Information provided to the department under this   section:                (1)  may be used only for the purposes of identifying   and locating unlicensed migrant labor housing facilities;                (2)  must be free of identification information   relating to individual migrant agricultural workers; and                (3)  is confidential and not subject to disclosure   under Chapter 552.          Sec. 2306.940.  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 2.  Not later than March 1, 2026, 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 Sections 2306.934,   2306.935, 2306.936, 2306.937, and 2306.938, 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, 2025.