Texas § GV.2306.934 - COMPLAINT

§ GV.2306.934. COMPLAINT

COMPLAINT; NOTICE; DISMISSAL. (a) In this section, "designated representative" means an individual or organization to whom a migrant agricultural worker has given written authorization to exercise the worker's right to file a complaint under this section. (b) The department by rule shall establish a process for: (1) the submission to the department of a complaint regarding a migrant labor housing facility; (2) determining whether a complaint is unfounded or does not violate the standards adopted by the department; and (3) the investigation, resolution, or dismissal of a complaint submitted under Subdivision (1), including confirmation of remediation through the methods described by Sections 2306.935 and 2306.936 . (c) The process established under Subsection (b)(1) must allow the submission of complaints: (1) only by: (A) an occupant of the migrant labor housing facility that is the subject of the complaint; (B) a prospective occupant of the migrant labor housing facility that is the subject of the complaint; (C) the designated representative of a person described by Paragraph (A) or (B); or (D) an individual, including the owner or tenant of an adjacent property, that has observed a clear violation of this subchapter; and (2) through the department's Internet website, in person at any department office, or by telephone or written notice to the department. (d) Not later than the fifth day after the date on which the department receives a complaint, the department shall notify the operator of the migrant labor housing facility that is the subject of the complaint. Notice under this subsection must include: (1) the date that the complaint was received; (2) the subject matter of the complaint; (3) the name of each person contacted in relation to the complaint, if any; and (4) the timeline for remedying a complaint that is not otherwise dismissed by the department. (e) If the department is unable to make contact with an operator of a migrant labor housing facility for the purpose of serving a notification of a complaint, the department shall serve the notification of the complaint via registered or certified mail, return receipt requested. (f) If the department determines that a complaint is unfounded or does not violate the standards adopted by rule, the department may dismiss the complaint and shall include a statement of the reason for the dismissal in the record of the complaint. The department shall provide timely notice of any dismissal of the complaint, including the explanation for the dismissal, to the operator of the migrant labor housing facility that is the subject of the complaint. (g) A designated representative may not be required to reveal the name of any migrant agricultural worker on whose behalf the representative submitted a complaint under this section if the department reviews the written authorization establishing the representation and verifies that the representative is authorized to submit the complaint. Added by Acts 2025, 89th Leg., R.S., Ch. 695 (S.B. 243 ), Sec. 1, eff. September 1, 2025.