Tex. Gov't Code Ann. §§ 2306.185, 2306.186, 2306.269, 2306.358, 2306.6702, 2306.6713, 2306.6720, 2306.6722, 2306.6726, 2306.6728, 2306.6730, 2306.6735, 2306.6738, 2306.851–2306.853, 2306.921–2306.940 § 2306.933
CIVIL PENALTY.
Operative Text
Sec. 2306.933. CIVIL PENALTY. (a) A person who violates this subchapter or a rule adopted under this subchapter is subject to a civil penalty of not less than $50 for each person occupying the migrant labor housing facility in violation of this subchapter for each day that the violation occurs.(b) An action to collect a civil penalty under this section may be brought by:(1) the department through the contested case hearing process described by Section 2306.930(b); (2) the county attorney for the county in which the violation occurred, or the attorney general, at the request of the department; or(3) a migrant agricultural worker if:(A) a complaint regarding the violation for which the civil penalty is sought has been submitted under Section 2306.934; and(B) at the time the complaint described by Paragraph (A) is submitted, the worker:(i) lives in the migrant labor housing facility that is the subject of the complaint; and(ii) is not temporarily in the United States under an H-2A visa authorized by 8 U.S.C. Section 1101(a)(15)(H)(ii)(a).(c) An action to collect a civil penalty under this section may not be brought while:(1) a contested case hearing brought by the department under Section 2306.930(b) and relating to the same migrant labor housing facility is pending; (2) an action for injunctive relief relating to the same violation is pending under Section 2306.932;(3) an action brought by a county attorney or the attorney general and relating to the same migrant labor housing facility is pending; or(4) the operator of the migrant labor housing facility that is the subject of the action is:(A) waiting for the facility to be inspected under Section 2306.935(c) to confirm remediation of the violation that is the subject of the action; or (B) providing housing at a facility under Section 2306.936(d) to which the migrant agricultural workers who occupied the facility that is the subject of the action have been relocated.(d) A civil penalty under this section begins accruing on the earlier of:(1) for a violation with a remediation period described by Section 2306.935, the day that:(A) the department determines based on information submitted under Section 2306.935(b) that the operator has failed to remedy the violation; or(B) an inspection described by Section 2306.935(c) establishes that the migrant housing facility operator has failed to remedy the violation; or(2) for a violation with a remediation period described by Section 2306.936, the 31st day following the date that notification of the complaint is received from the department, unless the operator has relocated under Section 2306.936(d) the migrant agricultural workers who occupied the facility that is the subject of the complaint.(e) The department by rule shall adopt a penalty schedule that increases the amount of the penalty assessed against a person who repeatedly violates this subchapter or rules adopted under this subchapter.(f) A penalty collected under Subsection (b)(1) or (2) shall be deposited to the credit of the general revenue fund and may be appropriated only to the department for the enforcement of this subchapter. Transferred from Health and Safety Code, Chapter 147 and amended by Acts 2005, 79th Leg., Ch. 60 (H.B. 1099), Sec. 1, eff. September 1, 2005.Amended by: Acts 2025, 89th Leg., R.S., Ch. 695 (S.B. 243), Sec. 1, eff. September 1, 2025.
Section 2306.933 of the Texas Government Code establishes civil penalties for violations of the state's migrant labor housing rules. A minimum penalty of $50 per occupant per day applies for each day a violation continues at a migrant labor housing facility. Enforcement actions can be brought by the state department, a county attorney, the attorney general, or—under specific conditions—by an eligible migrant agricultural worker who lives at the facility and filed a complaint. Penalties begin accruing only after defined remediation deadlines have passed, and a graduated penalty schedule applies to repeat violators.
Plain English — not legal advice.
Operators of migrant labor housing facilities in Texas should be aware that under Tex. Gov't Code § 2306.933, civil penalties accumulate on a per-occupant, per-day basis, meaning that a facility with many residents can face rapidly escalating liability. Compliant operators generally respond promptly to any notice of violation, document remediation efforts, and submit required information to the department within the applicable remediation windows described in related sections. Operators who repeatedly violate the subchapter face an escalating penalty schedule adopted by the department, making timely correction of any identified deficiency a standard practice in compliant operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Migrant agricultural workers living in a covered facility have standing under Tex. Gov't Code § 2306.933 to pursue civil penalties directly, provided they reside at the facility at the time a complaint is filed under Section 2306.934 and are not present on an H-2A visa. Workers who believe a violation exists can submit a complaint through the department's process, which may trigger an inspection and, if the operator fails to remediate, the start of penalty accrual. Tenant-rights organizations and legal aid groups familiar with migrant labor housing law can help workers understand the complaint process and the conditions that must be met before a private civil penalty action can proceed.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes cited by this regulation
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