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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of migrant labor housing facilities; |
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changing the amount of a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter LL, Chapter 2306, Government Code, is |
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amended by amending Section 2306.933 and adding Sections 2306.934 |
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and 2306.935 to read as follows: |
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Sec. 2306.933. CIVIL PENALTY. (a) A person who violates |
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this subchapter or a rule adopted under this subchapter is subject |
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to a civil penalty of not less than $50 for each person occupying |
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the migrant labor housing facility in violation of this subchapter |
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[$200] for each day that the violation occurs. |
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(b) An [The county attorney for the county in which the |
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violation occurred, or the attorney general, at the request of the |
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department, shall bring an] action [in the name of the state] to |
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collect a [the] penalty under this section may be brought by: |
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(1) the department through the contested case hearing |
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process described by Section 2306.930(b); |
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(2) the county attorney for the county in which the |
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violation occurred, or the attorney general, at the request of the |
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department; or |
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(3) a migrant agricultural worker who, at the time of |
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the violation, lived in the migrant labor housing facility that is |
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the subject of the violation. |
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(c) The department by rule shall adopt a penalty schedule |
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that increases the amount of the penalty assessed against a person |
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who repeatedly violates this subchapter or rules adopted under this |
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subchapter. |
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(d) A penalty collected under Subsection (b)(1) or (2) shall |
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be deposited to the credit of the general revenue fund and may be |
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appropriated only to the department for the enforcement of this |
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subchapter. |
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Sec. 2306.934. RETALIATION PROHIBITED. A person who owns, |
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establishes, maintains, operates, or otherwise provides a migrant |
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labor housing facility, a person who employs a migrant agricultural |
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worker who occupies a migrant labor housing facility, or a farm |
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labor contractor may not retaliate against a person for filing a |
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complaint or providing information in good faith relating to a |
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possible violation of this subchapter. |
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Sec. 2306.935. ATTORNEY'S FEES. The court in a suit brought |
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under this subchapter may award reasonable attorney's fees to the |
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prevailing party. |
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SECTION 2. Not later than March 1, 2024, the Texas |
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Department of Housing and Community Affairs shall adopt the rules |
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necessary to implement Subchapter LL, Chapter 2306, Government |
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Code, as amended by this Act. |
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SECTION 3. The change in law made by this Act in amending |
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Section 2306.933, Government Code, and adding Section 2306.935, |
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Government Code, applies only to a violation that occurs on or after |
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the effective date of this Act. A violation that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the violation occurred, and the former law is continued in |
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effect for that purpose. For purposes of this section, a violation |
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occurs before the effective date of this Act if any element of the |
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violation occurs before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |