The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. Additionally, any words and terms not defined in this section
but defined or given specific meaning in Tex. Gov't Code Chapter §§2306.921
- 2306.933, are capitalized. Other terms in 29 CFR §§500.130
- 500.135, 20 CFR §§654.404 et seq., and 29 CFR §1910.142
or used in those sections and defined elsewhere in state or federal
law or regulation, when used in this chapter, shall have the meanings
defined therein, unless the context herein clearly indicates otherwise.
(1) Act--The state law that governs the operation and
licensure of Migrant Labor Housing Facilities in the state of Texas,
found at Tex. Gov't Code, §§2306.921 - 2306.933.
(2) Board--The governing board of the Texas Department
of Housing and Community Affairs.
(3) Business Day--Any day that is not a Saturday, Sunday,
or a holiday observed by the State of Texas.
(4) Business hours--8:00 a.m. to 5:00 p.m., local time.
(5) Department--The Texas Department of Housing and
Community Affairs.
(6) Director--The Executive Director of the Department
or designated staff.
(7) Family--A group of people, whether legally related
or not, that act as and hold themselves out to be a Family; provided,
however, that nothing herein shall be construed as creating or sanctioning
any unlawful relationship or arrangement such as the custody of an
unemancipated minor by a person other than their legal guardian.
(8) Couple--A pair of individuals, whether legally
related or not, that act as and hold themselves out to be a couple;
provided, however, that nothing herein shall be construed as creating
or sanctioning any unlawful relationship or arrangement.
(9) License--The document issued to a Licensee in accordance
with the Act.
(10) Licensee--Any Person that holds a valid License
issued in accordance with the Act.
(11) Occupant--Any Person, including a Worker, who
uses a Migrant Labor Housing Facility for housing purposes.
(12) Provider--Any Person who provides for the use
of a Migrant Labor Housing Facility by Migrant Agricultural Workers,
whether the Facility is owned by the Provider, or is contractually
obtained (or otherwise established) by the Provider. An agricultural
industry employer or a contracted or affiliated entity may be a Provider
if it owns, contracts, or pays for the use of a Migrant Labor Housing
Facility by Migrant Agricultural Workers, regardless of whether any
rent or fee is required to be paid by a Worker. A common short-term
property rental owner or operator that does not exclusively rent to
Migrant Agricultural Workers is not a Provider solely because they
have rented to Migrant Agricultural Workers. The Provider is the operator
under Tex. Gov't Code §2306.928.
(13) Worker--A Migrant Agricultural Worker, being an
individual who is:
(A) working or available for work seasonally or temporarily
in primarily an agricultural or agriculturally related industry, and
(B) moves one or more times from one place to another
to perform seasonal or temporary employment or to be available for
seasonal or temporary employment.
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