Migrant Labor Housing Facilities

A migrant labor housing facility is defined by law as a facility that is established, 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.

Texas regulation requires that an application be submitted to the Department prior to the intended operation of the facility but no more than 60 days prior to said operation.

Licensed migrant labor housing facilities must meet standards of construction, sanitation, equipment, and operation.

In Texas, these standards address:

1. Facility construction;
2. Sanitary conditions;
3. Water supply;
4. Toilets;
5. Sewage disposal;
6. Storage, collection, and disposal of refuse;
7. Light and air;
8. Safety requirements;
9. Fire protection;
10. Equipment;
11. Maintenance and operation of the facility; and
12. Any other matter appropriate or necessary for the protection of the health and safety of the occupants.

Details of specific migrant labor housing facility standards are provided in the Texas Administrative Code, Title 10, Part 1, Chapter 90, Rule §90.4 (Texas Administrative Code website)

Questions about inspections or issues at migrant labor housing facilities may be directed to (512) 475-4515 or (800) 643-8204.

Licensing

A license from the TDHCA is required to establish, maintain, or operate a migrant labor housing facility.

The license and decal reflecting the year of the license is to be posted in a visible location at the entrance of the facility at all times during the maintenance or operation of the migrant labor housing facility.

To become a licensed migrant labor housing facility operator, please fill out and submit an application available below.

Questions about licensing may be directed to the Texas Migrant Housing Hotline 833-522-7028 or email at migrantlaborhousing@tdhca.state.tx.us.

Application

Complete the appropriate application for a new license or a renewal license and send it along with the appropriate fee to the Department address listed on the application form. The standard fee for inspection and licensing is $250. If your facility has passed inspection by the Texas Workforce Commission (TWC) or the United States Department of Labor (DOL) in the last 90 days you may be eligible for a license at a reduced fee of $75. In order to qualify for the reduced fee you must include a completed and signed Exhibit 1, Certification of Texas Standards, with your application and provide a copy of your TWC or DOL inspection to the Department. If you do not have a copy of your inspection please contact the TWC or DOL to get a copy to send to us.

Application for a New License to Operate a Migrant Labor Housing Facility (PDF)

Application to Renew or Change a License to Operate a Migrant Labor Housing Facility (PDF)

Inspection

Where TDHCA must conduct its own inspection the following checklist form will be completed by the Department’s inspector: MLHF Inspection Report March 7, 2019

Migrant labor housing facility operators who violate licensing standards may be subject to civil penalties of up to $200 for each day that a violation occurs.

The Department has set up a toll free number 833-522-7028 to accept calls regarding potential violations or unlicensed facilities.

List of licensed migrant labor facilities (XLSX)

Please note, TDHCA is currently in the process of implementing a new database system for license issuance and tracking. An updated list of licensed migrant labor facilities will be posted as soon as it is available. If you have questions about a specific facility in the meantime, please contact Peter Jones, Compliance Program Administrator, at peter.jones@tdhca.state.tx.us.

Texas Government Code, §§2306.921 et seq. (Texas Constitution and Statutes website)

Texas Administrative Code, Title 10, Part 1, Chapter 90 (Texas Administrative Code website)

House Bill 1099 (PDF)

History

The Texas Migrant Labor Facilities Act became effective September 1, 2005. Through this act of the Texas Legislature the responsibility for the licensing and inspection of migrant labor housing facilities was transferred from the Department of State Health Services to the Texas Department of Housing and Community Affairs (TDHCA). The law that governs these matters, formerly found at Chapter 147, Texas Health and Safety Code, was transferred to Texas Government Code, Chapter 2306. The law, as amended, also empowered the Board of TDHCA to set the fee for the license required to operate a migrant labor facility at up to $250 for a one-year license Texas Government Code §2306.929.

The Department created several tools to help with outreach to workers and operators explaining the Migrant Labor Housing Facility licensing requirements in Texas. These materials may be freely printed and distributed without alteration to workers, employers and interested parties and placed in locations that may serve or be frequented by such parties only when permission to do so is granted by the location owner.

Employer Info Sheet. This is a one page summary employers or others who house migrant seasonal or temporary workers, providing them with the information about the licensing requirement.

Calling Cards. These are business sized cards with our toll free hotline number to report unlicensed or unsafe migrant housing conditions. The cards may be printed double sided in English and Spanish on card stock and handed out to workers or service providers.

MLHF Hotline Poster. This is a one page poster in color or black and white that can be printed and distributed like a flyer or posted on a wall where interested parties might be found.

The Department may also have hard copies of these materials available for distribution when funding is available be able to make limited print runs of these document for specific events. Please contact the Migrant Housing Hotline at 1 833-522-7028 for more information.

Special Report: Migrant Labor Housing Facilities in Texas (PDF)
This report on the quantity, availability, need and quality of migrant labor housing facilities in Texas was prepared as required by HB 1099 (79th Legislature, Regular Session).

Every five years the USDA publishes a census of agricultural activity and the last census available from 2017 can be found at https://www.nass.usda.gov/Publications/AgCensus/2017/index.php. In addition the US Department of Labor Employment and Training Administration commissions an annual National Agricultural Workers Survey the most recent of which conducted in 2015- 2016 and published in January 2018 can be found at https://www.doleta.gov/naws/research/docs/NAWS_Research_Report_13.pdf.