|(a) All Migrant Labor Housing Facilities in the state
of Texas, which may include hotels and other public accommodations
if owned by or contracted for by Providers must be inspected and comply
with the requirements in this chapter and 29 CFR §§500.130,
500.132 - 500.135, without the exception provided in 29 CFR §500.131.
(b) Where agricultural employers own, lease, rent,
or otherwise contract for Facilities "used" by individuals or Families
that meet the criteria described in the Act, the employer as Provider
of said housing, "establishes" and becomes the "operator" of a Migrant
Labor Housing Facility, and is the responsible entity for obtaining
and "maintaining" the License on such Facility, as those terms are
used in Tex. Gov't Code §2306.921 - .922.
(c) An applicant for a License must facilitate an inspection
by the Department with the owner of the property(s) at which the Migrant
Labor Housing Facility is located.
(d) Owners or operators of homeless shelters, public
camp grounds, youth hostels, hotels and other public or private accommodations
that do not contract for services with Providers to house Workers
are not required to be licensed.
(e) No License would be required where a Worker is
housed exclusively with his/her Family using their own structure,
trailer, or vehicle, but temporarily residing on the land of another.
(f) A Facility may include multiple buildings on scattered
or noncontiguous sites, as long as the scattered sites are in a reasonable
distance from each other, and the work location and the buildings
are operated as one Facility by the Provider.