85R3262 JAM-D     By: Rodríguez, Hinojosa S.B. No. 1025       A BILL TO BE ENTITLED   AN ACT   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 [two or more seasonal, temporary, or migrant   families or] three or more [seasonal, temporary, or] migrant   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 [APPLICATION   INSPECTION].          SECTION 4.  Section 2306.923(d), Government Code, is amended   to read as follows:          (d)  The application must be accompanied by a [the] license   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 [60th] day after the date on which   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.  [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) An   authorized representative of the department, after giving or making   a reasonable attempt to give notice to the provider [operator] of a   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)  [,] 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.          (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 [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 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 [The board shall set the license fee in an   amount not to exceed $250].          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   [$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)  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.