(a) Tex. Gov't Code §2306.922 requires the licensing
of Migrant Labor Housing Facilities.
(b) Any Person who wants to apply for a License to
operate a Facility may obtain the application form from the Department.
The required form is available on the Department's website at https://www.tdhca.texas.gov/migrant-labor-housing-facilities.
(c) An application must be submitted to the Department
prior to the intended operation of the Facility, but no more than
60 days prior to said operation. Applications submitted to the Department
that are not complete, due to missing items and/or information, expire
90 days from Department receipt. In this circumstance, the fees paid
are ineligible for a refund.
(d) The fee for a License is $250 per year, except
in such cases where the Facility was previously inspected and approved
to be utilized for housing under a State or Federal migrant labor
housing program, and that such inspection conducted by a State or
Federal agency is provided to the Department. Where a copy of such
inspection conducted by a State or Federal agency is less than 90
days old, has no material deficiencies or exceptions, and is provided
to the Department prior to the Department's scheduled inspection,
the application fee shall be reduced to $75. However, if an inspection
or re-inspection by the Department is required at the sole determination
by the Department, the full application fee may apply.
(e) The License is valid for one year from the date
of issuance unless sooner revoked or suspended. Receipt of a renewal
application that is fully processed resulting in the issuance of a
renewed license shall be considered as revoking the previous license,
with the effective and expiration dates reflecting the renewal. All
licenses have the same effective date as their issuance.
(f) Fees shall be tendered by check, money order, or
via an online payment system (if provided by the Department), payable
to the Texas Department of Housing and Community Affairs. If any check
or other instrument given in payment of a licensing fee is returned
for any reason, any License that has been issued in reliance upon
such payment being made is null and void.
(g) A fee, when received in connection with an application
is earned and is not subject to refund. At the sole discretion of
the Department, refunds may be requested provided the fee payment
or portion of a payment was not used toward the issuance of a License
or conducting of an inspection.
(h) Upon receipt of a complete application and fee,
the Department shall review the existing inspection conducted by a
State or Federal agency, if applicable and/or schedule an inspection
of the Facility by an authorized representative of the Department.
Inspections shall be conducted during Business Hours on weekdays that
the Department is open, and shall cover all units that are subject
to being occupied. Inspections by other State or Federal agencies
in accordance with the requirements in 29 CFR §§500.130
- 500.135 may be accepted by the Department for purposes of this License,
only if notice is given to the Department prior to the inspection
in order for the Department to consider the inspection as being conducted
by an authorized representative of the Department in accordance with
Tex. Gov't Code §2306.928. In addition, a certification of the
additional state standards described in 10 TAC §90.4(c), relating
to Standards and Inspections, must be provided by the applicant, along
with any supplemental documentation requested by the Department, such
as photographs.
(i) The Person performing the inspection on behalf
of the Department shall prepare a written report of findings of that
inspection. The Department, when it determines it is necessary based
on risk, complaint, or information needed at time of application,
may conduct follow-up inspections.
(1) If the Person performing the inspection finds that
the Migrant Labor Housing Facility, based on the inspection, is in
compliance with 10 TAC §90.4, relating to Standards and Inspections,
and the Director finds that there is no other impediment to licensure,
the License will be issued.
(2) If the Person performing the inspection finds that
although one or more deficiencies were noted that will require timely
corrective action which may be confirmed by the Provider without need
for re-inspection, and the Director finds that there is no other impediment
to licensure, the License will be issued subject to such conditions
as the Director may specify. The applicant may, in writing, agree
to these conditions, request a re-inspection within 60 days from the
date of the Director's letter advising of the conditions, provide
satisfactory documentation to support the completion of the corrective
action as may be required by the Department, or treat the Director's
imposing of conditions as a denial of the application.
(3) If the Person performing the inspection finds that
although one or more deficiencies were noted that will require timely
corrective action, the deficiencies are of such a nature that a re-inspection
is required, the applicant shall address these findings and advise
the Department, within 60 days from the date of written notice of
the findings, of a time when the Facility may be re-inspected. If
a re-inspection is required, the License may not be eligible for the
reduced fee described in subsection (d) of this section and the balance
of the $250 fee must be remitted to the Department prior to the re-inspection.
If Occupants are allowed to use the Facility prior to the re-inspection
the applicant must acknowledge the operation of the Facility in violation
of these rules, and pay a fee to the Department of up to $200 per
day of operation through the date the Facility is approved by the
inspector, and eligible for licensing. If the results of the re-inspection
are satisfactory and the Director finds that there is no other impediment
to licensure, the License will be issued. If it is the determination
of the Director that the applicant made all reasonable efforts to
complete any repairs and have the property re-inspected in a timely
manner, the penalty for operating a Facility without a License may
be reduced to an amount determined by the Director, but not less than
$200.
(4) If the person performing the inspection finds that
the Migrant Labor Housing Facility is in material noncompliance with §90.4
of this chapter (relating to Standards and Inspections), or that one
or more imminent threats to health or safety are present, the Director
may deny the application. In addition, the Department may also take
action in accordance with §90.8, relating to Administrative Penalties
and Sanctions.
(5) If access to all units subject to inspection is
not provided or available at time of inspection, the inspection will
automatically fail.
(j) If the Director determines that an application
for a License ought to be granted subject to one or more conditions,
the Director shall issue an order accompanying the License, and such
order shall:
(1) Be clearly incorporated by reference on the face
of the License;
(2) Specify the conditions and the basis in law or
rule for each of them; and
(3) Such conditions may include limitations whereby
parts of a Migrant Labor Housing Facility may be operated without
restriction and other parts may not be operated until remedial action
is completed and documented in accordance with the requirements set
forth in the order.
(k) Correspondence regarding an application should
be addressed to: Texas Department of Housing and Community Affairs,
Attention: Migrant Labor Housing Facilities, P.O. Box 12489, Austin,
Texas 78711-2489 or migrantlaborhousing@tdhca.texas.gov.
(l) The Department shall inform the applicant in writing
of what is needed to complete the application and/or if a deviation
found during the inspection requires a correction in order to qualify
for issuance of a License.
(m) Any changes to an issued License (such as increasing
occupancy and/or adding a building or unit) may be made at the sole
determination of the Department, based on current rules and policy,
within 30 days of the License issuance. Any changes requested more
than 30 days after License issuance will require the submission of
an application for renewal, new inspection, and new fee payment, per
the applicable rate.
(n) An applicant or Licensee that wishes to appeal
any order of the Director, including the appeal of a denial of an
application for a License or an election to appeal the imposing of
conditions upon a License, may appeal such order by sending a signed
letter to the Director within thirty (30) days from the date specified
on such order, indicating the matter that they wish to appeal.
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