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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.
Estimated Twoyear Net Impact to General Revenue Related Funds for HB862, As Introduced : a
positive impact of $35,150 through the biennium ending August 31, 2023.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to
implement the provisions of the bill.
HB 862 would require an owner of a migrant labor housing facility to obtain a license for the housing facility and pay a fee set by the TWC. The bill also stipulates additional items to be included with an application for certain types of inspections for housing migrant facilities. It also says the license for a migrant housing facility must be renewed annually. HB 862 would also allow a third party (other than the department or individual) to appeal the issuance or denial of a license or a condition on a license. The bill then outlines details of how migrant labor facilities are to be inspected, sets an annual quota for inspections, and how the findings of said inspections are to be reported.
HB 862 would change the amount of the civil penalty for a violation of provisions or rules governing migrant labor housing facilities from $200 for each day the violation occurs to a minimum of $50 for each person occupying the migrant labor housing facility in violation of those provisions for each day that the violation occurs
Lastly, the bill requires the department of housing and community affairs to provide educational materials or programs to migrant workers that inform the workers of their rights and remedies. They would also provide information to the persons who own, establish, maintain, operate,
procure, make arrangements for, or otherwise provide migrant labor housing facilities, educational materials or programs that inform the persons of their obligations under this
The bill then adds several additional regulations on migrant housing facilities.
Texas Action is opposed to HB 862 on the principles of limited government and free markets. The provisions of this bill overregulate migrant labor housing facilities, including by changing the penalty calculation which could be much more onerous than the current penalty structure depending on the number of migrants at a facility in violation and the length of time it takes to cure a violation.