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       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 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. 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 [reasonable] minimum   standards described by Subsection (a) [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 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 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 on receipt of a   complaint under Section 2306.929, including a report of an   unlicensed migrant labor housing facility; 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 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 [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)  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 [The   board shall set the license fee in an amount not to exceed $250].          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   [$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)  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.