85R12488 JAM-F     By: Bernal H.B. No. 2677       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of migrant labor housing facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter LL, Chapter 2306, Government Code, is   amended by amending Section 2306.933 and adding Sections 2306.934   and 2306.935 to read as follows:          Sec. 2306.933.  CIVIL PENALTY. (a) A person who violates   this subchapter or a rule adopted under this subchapter is subject   to a civil penalty of not less than $50 for each person occupying   the migrant labor housing facility in violation of this subchapter   [$200] for each day that the violation occurs.          (b)  An [The county attorney for the county in which the   violation occurred, or the attorney general, at the request of the   department, shall bring an] action [in the name of the state] to   collect a [the] penalty under this section may be brought by:                (1)  the department through the contested case hearing   process described by Section 2306.930(b);                 (2)  the county attorney for the county in which the   violation occurred, or the attorney general, at the request of the   department; or                (3)  a migrant agricultural worker who, at the time of   the violation, lived in the migrant labor housing facility that is   the subject of the violation.          (c)  The department by rule shall adopt a penalty schedule   that increases the amount of the penalty assessed against a person   who repeatedly violates this subchapter or rules adopted under this   subchapter.          (d)  A penalty collected under Subsection (b)(1) or (2) shall   be deposited to the credit of the general revenue fund and may be   appropriated only to the department for the enforcement of this   subchapter.          Sec. 2306.934.  RETALIATION PROHIBITED. A person who owns,   establishes, maintains, operates, or otherwise provides a migrant   labor housing facility, a person who employs a migrant agricultural   worker who occupies a migrant labor housing facility, or a farm   labor contractor may not retaliate against a person for filing a   complaint or providing information in good faith relating to a   possible violation of this subchapter.          Sec. 2306.935.  ATTORNEY'S FEES. The court in a suit brought   under this subchapter may award reasonable attorney's fees to the   prevailing party.          SECTION 2.  Not later than March 1, 2018, the Texas   Department of Housing and Community Affairs shall adopt the rules   necessary to implement Subchapter LL, Chapter 2306, Government   Code, as amended by this Act.          SECTION 3.  The change in law made by this Act in amending   Section 2306.933, Government Code, and adding Section 2306.935,   Government Code, applies only to a violation that occurs on or after   the effective date of this Act. A violation that occurs before the   effective date of this Act is governed by the law in effect on the   date the violation occurred, and the former law is continued in   effect for that purpose. For purposes of this section, a violation   occurs before the effective date of this Act if any element of the   violation occurs before that date.          SECTION 4.  This Act takes effect September 1, 2017.