Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 6,984
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Comments on the proposal may be submitted to Stephen Pahl,
Regulatory Programs Branch Chief, Texas Department of Agri-
culture, P. O. Box 12847, Austin, Texas 78711. Comments must
be received no later than 30 days from the date of publication of
the proposal in the Texas Register.
The amendments to 2.11 are proposed under Texas Agricul-
ture Code (the Code), 12.033, which provides the department
with the authority to adopt any rules necessary to implement a
consolidated license program; and 12.016, which provides the
department with the authority to adopt rules as necessary for the
administration of its powers and duties under the Code.
The code affected by the proposal is the Texas Agriculture Code,
Chapters 12 and 71.
2.11. License Specifications.
(a) - (c) (No change).
(d) Expiration. A consolidated license will expire on the last
day of the month corresponding to the license anniversary date. [in
accordance with the following schedule-]
[(4-) If one of the component l enepaed by the
consolidated license is a license required by the Texas Agriciulture
Gode chapter 132 and Chapter 4 of this title (relating to Egg Law)
the consolidated license shall expire on August 34 of each year]
[(2) If one of the component licenses encompassed by the
consolidated license is a license required by the Texas Agriculture
Gode, chapter 4 and Chapter 4-3 of this title (relating to Grain
Warehouse) the consolidated license shall expire on May 34 of each
year]
[-3) All other consolidated licenses shall expire one year
from the date of issuance eor renewal.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 11,
2005.
TRD-200504576
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: November 27, 2005
For further information, please call: (512) 463-4075
TITLE 10. COMMUNITY DEVELOPMENT
PART 1. TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
CHAPTER 90. MIGRANT LABOR HOUSING
FACILITIES
10 TAC 90.1 - 90.8
The Texas Department of Housing and Community Affairs (the
Department) proposes new Chapter 90, 90.1 - 90.8, concern-
ing Migrant Labor Housing Facilities.The purpose of this chapter is to provide for the licensing and
supervision of migrant labor housing facilities, in accordance with
Texas Government Code, 2306.921 - 2306.933.
Edwina P. Carrington, Executive Director, has determined that
for the first five-year period the proposed new chapter is in effect
there will be no fiscal implications for state or local government
as a result of enforcing of enforcing or administering the chapter.
Ms. Carrington also has determined that for each year of the
first five years the proposed new chapter is in effect, the public
benefit anticipated as a result of enforcing this chapter will be
improved supervision of migrant labor housing facilities and re-
duced licensing fees. There will be no effect on persons, small
businesses or micro-businesses. There are no anticipated eco-
nomic costs to persons, small businesses or micro-businesses
who are required to comply with the chapter as proposed. The
proposed new chapter will not have an impact on any local econ-
omy.
Comments may be submitted to Anne O. Reynolds, Deputy Gen-
eral Counsel, Texas Department of Housing and Community Af-
fairs, P.O. Box 13941, Austin, Texas 78711-3941 or by e-mail at
the following address: anne.reynolds@tdhca.state.tx.us.
The new chapter is proposed pursuant the authority of the
Texas Government Code, Chapter 2306.
The new chapter affects no other code, article or statute.
90.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Act--The state law that governs the operation and li-
censure of migrant labor housing facilities in the State of Texas, found
at Texas Government 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 a.m. to 5 p.m., local time.
(5) Department--The Texas Department of Housing and
Community Affairs.
(6) Director--The Executive Director of the Department.
(7) Facility--A structure, trailer, or vehicle, or two or more
contiguous or grouped structures, trailers, or vehicles, together with
the land appurtenant.
(8) Family--A group of people, whether legally related or
not, that act as and hold themselves out to be a family; provided, how-
ever, 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.
(9) Licensee--Any person that holds a valid license issued
in accordance with the Act.
(10) Migrant labor housing facility--A facility that is es-
tablished, operated, or used for more than three days as living quarters
for two or more seasonal, temporary, or migrant families or three or
more seasonal, temporary, or migrant workers, whether rent is paid or
reserved in connection with the use of the facility.
(11) Occupant--Any person, including a worker, who uses
a migrant labor housing facility for housing purposes.30 TexReg 6984 October 28, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/11/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.