Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 90 - MIGRANT LABOR HOUSING FACILITIES › Section 90.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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.