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Presentation, discussion, and possible action on an order adopting the repeal and proposed new rule of 10 TAC Chapter 90, Migrant Labor Housing Facilities; and directing their publication in the Texas Register
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to Tex. Gov’t Code, §2306.053, the Texas Department of Housing and Community Affairs (the Department) is authorized to adopt rules governing the administration of the Department and its programs;
WHEREAS, staff recommends to the Board that there is a continuing need for this rule to exist, which is to ensure compliance with Tex. Gov’t Code Chapter 2306, Subchapter LL, for which these rules established the administrative procedures and substantive requirements, as required by statue;
WHEREAS, at the February 6, 2024, the Board approved an order proposing the repeal of, and new replacement rule for, 10 TAC Chapter 90, Migrant Labor Housing Facilities for publication and public comment in the Texas Register;
WHEREAS, public comment was accepted from February 23, 2024 to March 22, 2024, and staff received comment from three entities and has prepared a reasoned response; and
WHEREAS, the adoption of this new rule will be published in the Texas Register;
NOW, therefore, it is hereby
RESOLVED, that the Executive Director and his designees, be and each of them hereby are authorized, empowered, and directed, for and on behalf of the Department to cause the adopted repeal and adopted new rule 10 TAC Chapter 90, Migrant Labor Housing Facilities, in the form presented to this meeting, to be published in the Texas Register and in connection therewith, make such non-substantive technical corrections as they may deem necessary to effectuate the foregoing, including the preparation of the subchapter specific preambles.
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BACKGROUND
Tex. Gov’t Code Chapter 2306, Subchapter LL (§§2306.921-2306.930), provides for the Department to serve as the agency that provides Licenses to any person or entity that establishes, maintains or operates at Migrant Labor Housing Facility, and outlines requirements relating to license applications, inspections, failing to meet standards, re-inspection, License issuance and term, License posting, fees, and suspension or revocation of License.
While Tex. Gov’t Code Chapter 2306, Subchapter LL, provides for the direction and authority of the licensing activity of Migrant Labor Housing Facilities, it does not provide the administrative specificity to fully implement this activity. As such, these rules set Department policy only so far as they provide the administrative implementation of the statutory activity.
At the Board meeting on February 6, 2024, the Board approved the publication of the proposed repeal and new rule for the Migrant Labor Housing Facilities. Three comments were received related to the proposed changes and are included as Attachment C to this item. Staff has reviewed all comments and provided a reasoned response to these comments in the following preamable.
Behind the preamble for the proposed new rule for adoption action, a draft of the rule is shown. The original blackline version of the rule with proposed updates will be posted in the Texas Register, as proposed by the Department after consideration of public comment.