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Presentation, discussion, and possible action on an order proposing the repeal of 10 TAC Chapter 90, Migrant Labor Housing Facilities, proposing new 10 TAC Chapter 90, Migrant Labor Housing Facilities, and directing their publication for public comment 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, the proposed rule changes are responsive to the passage of SB 243 by the 89th Texas Legislature (Reg. Session), which requires the Texas Department of Housing and Community Affairs (Department) to amend its current rule for Migrant Labor Housing Facilities 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, staff also recommends changes to the rule to clarify new civil penalties, expand the complaint and remediation process, and add new requirements for interagency cooperation, outreach, and education;
WHEREAS, additional rule changes are needed to add new specific program references to existing subsections in the rule which will help clarify new requirements; and
WHEREAS, such proposed rule action will be published in the Texas Register for public comment from November 21, 2025, to December 21, 2025, and subsequently returned to the Board for final adoption;
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 proposed 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 Texas Department of Housing and Community Affairs (the Department) is the state agency responsible for the oversight of Migrant Labor Housing Facilities. SB 243 was passed by the 89th Texas Legislature (Reg. Session) and added provisions to that oversight and administration. Those changes include an enhanced complaint process, clarifying civil penalties, and requiring interagency cooperation, outreach, and education.
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.
The proposed draft of the Migrant Labor Housing Facilities Rules reflects staff’s recommendations for the Board’s consideration. Behind the preamble for the proposed rule action is the entire rule shown in its blackline form reflecting changes to the rule that is proposed.
Upon Board approval, the proposed rule actions to 10 TAC Chapter 90, Migrant Labor Housing Facilities will be published in the Texas Register and released for public comment from November 21, 2025, through December 21, 2025. Staff will return to the Board for final adoption of the rules.