Relating to the regulation of migrant labor housing facilities; changing the amount of a civil penalty.

Contracts

• Master Service Agreements (MSAs): If you utilize Farm Labor Contractors (FLCs) to manage housing, you must amend agreements to include strict indemnification clauses. Ensure the FLC is liable for civil penalties resulting from their management failures.
• Lease Agreements: Commercial landlords leasing to agricultural operators must clarify maintenance responsibilities. Ambiguity here will lead to joint liability under the new penalty regime.
• Non-Retaliation Clauses: Review employment and housing contracts to ensure no language restricts a worker's right to report violations to the TDHCA, as this now carries heightened retaliation liability.

Hiring/Training

• Rapid Response Authority: Maintenance staff must be granted pre-authorization to purchase materials and schedule repairs immediately upon discovery of a defect. The 7-day "cure" window does not allow for standard procurement approval cycles.
• Affidavit Training: Facility managers must be trained to document repairs legally. This includes taking time-stamped visual evidence (photos/video) and executing sworn affidavits to submit to TDHCA to avoid physical re-inspection.

Reporting & Record-Keeping

• Daily Occupancy Logs: You must maintain precise, daily census logs for every housing unit. Penalties are calculated per occupant. Without accurate logs, the state may estimate occupancy at maximum capacity, artificially inflating your fines.
• Remediation Archive: Establish a permanent digital archive for all "Proof of Remediation" packets (affidavits, invoices, photos). These documents are your primary defense against future private lawsuits.
• Complaint Log: Maintain an internal register of all worker complaints and the specific resolution date to defend against "bad faith" or retaliation claims.

Fees & Costs

• Penalty Exposure: Liability has increased exponentially. A 10-day violation in a 50-person facility previously cost $2,000; under SB243, it costs $25,000.
• Insurance Premiums: Contact your broker to review Employment Practices Liability Insurance (EPLI) and General Liability policies. Standard policies often exclude civil penalties. You may require a specific rider to cover liabilities arising from housing conditions.