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Presentation, discussion, and possible action on an order adopting the repeal, and new 10 TAC Chapter 90, Migrant Labor Housing Facilities, to be adopted 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, at the November 6, 2025, the Board approved for publication and public comment in the Texas Register the repeal and proposed new 10 TAC Chapter 90, Migrant Labor Housing Facilities;
WHEREAS, Senate Bill 243 (SB 243) passed by the 89th Texas Legislature (Reg. Session) requires the Department to adopt rules necessary to implement Tex. Gov’t Code §§2306.933 to 2306.940 and to ensure compliance with Tex. Gov’t Code Chapter 2306, Subchapter LL;
WHEREAS, public comment was accepted from November 21, 2025, to December 21, 2025, and staff received comments from one entity and has prepared a reasoned response reflected in the preamble attached; and
WHEREAS, the adoption of this repeal and new 10 TAC Chapter 90, 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 actions for 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
The Department has the responsibility for the State of Texas to oversee Migrant Labor Housing Facilities, and SB 243 added new provisions to that oversight and administration. Those changes include an enhanced complaint process, clarifying civil penalties, and requiring interagency cooperation, outreach, and education. The bill requires the Department to adopt rule changes related to Migrant Labor Housing Facilities by March 1, 2026.
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 of November 6, 2025, the Board approved the publication of the proposed repeal and new 10 Texas Administrative Code, Chapter 90, Migrant Labor Housing Facilities rule. The proposed repeal and new rule were published in the Texas Register and released for public comment from November 21, 2025, through December 21, 2025. Public comment was received from one commenter as further described in the preamble attached. Staff reviewed the comments and provided a reasoned response to these comments in the following preamble.
Behind the preamble for the repeal and new adoption action, a draft rule is shown. To assist reviewers with understanding what has changed from the version of the rule last posted in the Texas Register, a black-lined version of the amended section is provided, reflecting the change proposed by the Department after consideration of public comment.