85R3365 JG-D     By: Bernal H.B. No. 3586       A BILL TO BE ENTITLED   AN ACT   relating to funding for new and existing migrant labor housing   facilities; establishing an interagency task force to provide   support for migrant agricultural workers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.0271, Agriculture Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  Financial assistance under Subsection (a) may be used   only for a project relating to:                (1)  the acquisition or development of land, easements,   or rights-of-way;                (2)  attracting new private enterprises to the county   or municipality, including:                      (A)  manufacturing facilities;                      (B)  freight storage facilities;                      (C)  distribution warehouse centers; and                      (D)  other nonretail private enterprises;                (3)  the construction, extension, or other improvement   of:                      (A)  water or waste disposal facilities; [or]                      (B)  transportation infrastructure; or                      (C)  migrant labor housing facilities as defined   by Section 2306.921, Government Code; or                (4)  any other activity relating to private economic   development that the commissioner determines will encourage   economic and infrastructure development in a rural area.          (b-1)  Financial assistance for projects described by   Subsection (b)(3)(C) may only be awarded if the commissioner   determines that the construction, extension, or improvement of   migrant labor housing facilities will result in the creation and   retention of jobs for migrant agricultural workers on a recurring   basis or will otherwise encourage economic development in the area.   In this subsection, "migrant agricultural worker" has the meaning   assigned by Section 2306.921, Government Code.          SECTION 2.  Section 12.046, Agriculture Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  The fund may be used by the department only to:                (1)  pay for grants or loans to public or private   entities for projects in rural communities that have strong local   support, provide positive return on the state's investment, and   stimulate one or more of the following:                      (A)  local entrepreneurship;                      (B)  job creation or retention;                      (C)  new capital investment;                      (D)  strategic economic development planning;                      (E)  individual economic and community   development leadership training;                      (F)  housing development, including the   development of migrant labor housing facilities as defined by   Section 2306.921, Government Code; or                      (G)  innovative workforce education; and                (2)  administer the grant and loan program under this   section.          (c-1)  Grants or loans for projects related to migrant labor   housing facilities described by Subsection (c)(1)(F) may only be   awarded for the purpose of establishing, maintaining, or operating   a migrant labor housing facility if the recipient of the grant or   loan commits to creating and retaining jobs for migrant   agricultural workers on a recurring basis. In this subsection,   "migrant agricultural worker" has the meaning assigned by Section   2306.921, Government Code.          SECTION 3.  Section 481.078, Government Code, is amended by   amending Subsection (c) and adding Subsection (d-2) to read as   follows:          (c)  Except as provided by Subsections (d), [and] (d-1), and   (d-2), the fund may be used only for economic development,   infrastructure development, community development, job training   programs, and business incentives.          (d-2)  Money from the fund may be used by a farmer to   establish, maintain, or operate a migrant labor housing facility.   The governor may transfer appropriations from the fund to the Texas   Department of Housing and Community Affairs to award grants for a   purpose specified by this subsection. Subsections (e-1), (f),   (f-1), (f-2), (g), (h), (h-1), (i), and (j) and Section 481.080 do   not apply to a grant awarded for a purpose specified by this   subsection. In this subsection, "farmer" means the owner or   operator of an agricultural facility that is licensed as a migrant   labor housing facility under Subchapter LL, Chapter 2306, or the   owner or operator of an agricultural facility who seeks to   establish a new migrant labor housing facility requiring licensure   under that subchapter.          SECTION 4.  Subchapter DD, Chapter 2306, Government Code, is   amended by adding Section 2306.67141 to read as follows:          Sec. 2306.67141.  MIGRANT LABOR HOUSING FACILITY SET-ASIDE.   (a) In this section:                (1)  "Migrant labor housing facility" has the meaning   assigned by Section 2306.921.                (2)  "Person" has the meaning assigned by Section   2306.921.          (b)  The department shall set aside for eligible persons a   portion, as determined by department rule, of the housing tax   credits available for allocation in the calendar year.          (c)  A person is eligible to be awarded the housing tax   credits set aside under Subsection (b) if the person:                (1)  has applied to receive federal financial   assistance under Section 514 or 516, Housing Act of 1949 (42 U.S.C.   Section 1484 or 1486); or                (2)  has received federal financial assistance   provided under Section 514 or 516, Housing Act of 1949 (42 U.S.C.   Section 1484 or 1486).          (d)  The department shall develop threshold, scoring, and   underwriting criteria for applications from persons eligible to be   awarded the set-aside.          (e)  An allocation of housing tax credits under Subsection   (c)(1) is conditional on the actual receipt of federal financial   assistance provided under Section 514 or 516, Housing Act of 1949   (42 U.S.C. Section 1484 or 1486). If an eligible person does not   receive the assistance required by this subsection, the department   shall rescind the allocation of housing tax credits and award those   credits to another eligible person described by Subsection (c).          (f)  Any amount of housing tax credits set aside under this   section that remains after the initial allocation of housing tax   credits is available for allocation to any eligible applicant as   provided by the qualified allocation plan.          SECTION 5.  Subchapter LL, Chapter 2306, Government Code, is   amended by adding Sections 2306.934, 2306.935, and 2306.936 to read   as follows:          Sec. 2306.934.  FARMER INCENTIVE PROGRAM. (a) In this   section, "farmer" means the owner or operator of an agricultural   facility who seeks to establish, maintain, or operate a migrant   labor housing facility under this subchapter.          (b)  The department shall develop and administer an   incentive program for farmers who have applied to receive federal   financial assistance provided under Section 514 of the Housing Act   of 1949 (42 U.S.C. Section 1484).          Sec. 2306.935.  CONDITIONAL FORWARD COMMITMENT OF FUNDS.   (a) The department shall establish a fund in the department for the   conditional forward commitment of funds to establish migrant labor   housing facilities. The department may contribute money to the   fund from any available source of revenue that the department   considers appropriate, including money allocated to the department   under the federal HOME Investment Partnerships program established   under Title II of the Cranston-Gonzalez National Affordable Housing   Act (42 U.S.C. Section 12701 et seq.), money allocated to the   department under the community development block grant program   authorized by Title I of the Housing and Community Development Act   of 1974 (42 U.S.C. Section 5301 et seq.), and money from the housing   trust fund under Section 2306.201.          (b)  A person licensed under this subchapter and who has   applied to receive federal financial assistance provided under   Section 514 or 516, Housing Act of 1949 (42 U.S.C. Section 1484 or   1486), is eligible to be awarded a conditional forward commitment   of funds.          (c)  An award of a forward commitment of funds under this   section is conditional on the actual receipt of federal financial   assistance provided under Section 514 or 516, Housing Act of 1949   (42 U.S.C. Section 1484 or 1486). If a person licensed under this   subchapter does not receive the assistance required by this   subsection, the department shall rescind the award.          (d)  The department shall develop threshold, scoring, and   underwriting criteria for applications from persons who are   licensed under this subchapter.          Sec. 2306.936.  INTERAGENCY TASK FORCE. (a) The department   shall establish an interagency task force to coordinate efforts to   improve housing conditions and housing options for migrant   agricultural workers.          (b)  The interagency task force shall:                (1)  help coordinate interagency efforts to improve   housing conditions and housing options for migrant agricultural   workers;                (2)  provide migrant agricultural workers with   information regarding available support services;                (3)  establish a complaint system for migrant   agricultural workers to report poor housing conditions or poor   treatment;                (4)  investigate complaints made by migrant   agricultural workers using the complaint system established under   Subdivision (3); and                (5)  create strategies to increase the number of   migrant labor housing facilities.          (c)  The interagency task force shall be composed of the   following nine members:                (1)  one representative of the department who is   designated by the director of the department;                (2)  one representative of the Texas Department of   Agriculture who is designated by the commissioner of the Texas   Department of Agriculture;                (3)  one representative of the Health and Human   Services Commission who is designated by the executive commissioner   of the Health and Human Services Commission;                (4)  one representative of a local workforce   development board who is designated by the executive director of   the Texas Workforce Commission;                (5)  one representative from a nonprofit provider of   affordable housing who is designated by the governor;                (6)  one representative from a nonprofit representing   migrant agricultural workers who is designated by the governor; and                (7)  three migrant agricultural worker advocates who   are designated by the governor.          (d)  The governor shall designate a member of the interagency   task force to serve as presiding officer.          (e)  A vacancy on the interagency task force shall be filled   in the same manner as the initial appointment.          (f)  A member on the interagency task force may not receive   compensation for service on the task force, but is entitled to   reimbursement for actual and necessary expenses incurred in   performing task force duties.          (g)  The interagency task force may accept gifts and grants   from any source to be used to carry out a function of the task force.          (h)  The interagency task force shall meet at least quarterly   at the call of the presiding officer and at other times as   determined by the presiding officer.          (i)  Not later than December 1 of each even-numbered year,   the interagency task force shall prepare and submit to the   governor, the lieutenant governor, and the speaker of the house of   representatives a report with recommendations on improving housing   conditions and housing options for migrant agricultural workers.          SECTION 6.  This Act takes effect September 1, 2017.