Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 90 - MIGRANT LABOR HOUSING FACILITIES › Section 90.5 - Licensing

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