The Texas farm labor laws are found in Tex. Agric. Code §§ 125.001 through 125.017, Tex. Gov’t Code §§ 2306.921 through 2306.933, 4 TAC § 8.1 through 4 TAC § 8.12, 10 TAC § 90.1 through 10 TAC § 90.8, and 25 TAC § 265.31 through 25 TAC § 265.35.
The legislature finds that the health and safety of persons living and working in agricultural areas in the state may be improved by providing access to information regarding certain hazardous chemicals to which they may be exposed either during their normal employment activities, during emergency situations, or as a result of their proximity to the use of those chemicals. The legislature also finds that, because of the unique conditions of agricultural employment, it is necessary to establish formal procedures to provide access to information regarding certain hazardous chemicals and to assure those laborers that there will be no retaliation by the employer for the exercise of rights under this chapter. This chapter is intended to assure that accessibility to information regarding chemicals covered by this chapter be provided to agricultural laborers who may be exposed to those chemicals in agricultural workplaces, to certain emergency service organizations responsible for dealing with chemical hazards during emergency situations when those chemicals are in close proximity to residential areas, and to the department to make the information available to the general public through specific procedures[i].
Tex. Agric. Code § 125.008 provides that employers covered by this chapter and other entities who normally store products labeled under the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.) in an amount in excess of 55 gallons or 500 pounds or an amount the department determines by rule for certain highly toxic or dangerous chemicals covered by this chapter within one-quarter mile of a residential area composed of three or more private dwellings shall provide to the fire chief of the fire department having jurisdiction over the storage place, in writing, the names and telephone numbers of knowledgeable representatives of the employer or other entity storing the product who can be contacted for further information or contacted in case of an emergency. Each employer, on request, shall provide a copy of the workplace chemical list to the fire chief having jurisdiction over the storage place. The employer shall notify the fire chief of any significant changes that occur in the workplace chemical list. The fire chief having jurisdiction over the storage place or his representative, on request, shall be permitted to conduct on-site inspections of the chemicals on the workplace chemical list for the sole purpose of preparing fire department activities in case of an emergency.
Employers shall provide to the fire chief having jurisdiction over the storage place, on request, a copy of the MSDS for any chemical on the workplace chemical list. On request, the fire chief having jurisdiction over the storage place shall make the workplace chemical list and MSDSs available to members of the fire department having jurisdiction over the workplace and to other personnel outside the fire department who are responsible for preplanning emergency activities, but may not otherwise distribute the information without approval of the employer.
Agricultural laborers employed by employers covered by this chapter who may be exposed to chemicals covered by this chapter shall be informed of the exposure and shall have access to the workplace chemical list and MSDSs for those chemicals. Laborers, on request, shall be provided a copy of a specific MSDS. In addition, laborers shall receive training on the hazards of the chemicals and on measures they can take to protect themselves from those hazards and shall be provided with appropriate personal protective equipment as required by this chapter. An employer covered by this chapter may not discharge, cause to be discharged, otherwise discipline, or in any manner discriminate against an agricultural laborer because the laborer has made an inquiry, filed a complaint, assisted an inspector of the department who may make or is making an inspection under Section 125.016 of this code, instituted or caused to be instituted any proceeding under or related to this chapter, testified or is about to testify in such a proceeding, or exercised any rights afforded under this chapter on behalf of the laborer or on behalf of others. Pay, position, seniority, or other benefits may not be lost as the result of the exercise of any right provided by this chapter. Any waiver by an agricultural laborer of the benefits or requirements of this chapter is against public policy and is void. Any employer’s request or requirement that a laborer waive any rights under this chapter as a condition of employment is a violation of this chapter[ii].
Tex. Gov’t Code § 2306.923 provides that to receive a migrant labor housing facility license, a person must apply to the department according to rules adopted by the board and on a form prescribed by the board. The application must be made not later than the 45th day before the intended date of operation of the facility.
When the Director finds that the requirements of the Act or these rules are not being met, he or she may assess administrative penalties or impose other sanctions as set forth below. Nothing herein limits the right, as set forth in the Act, to seek injunctive relief. For each violation of the Act or rules, a penalty of up to $ 200 may be assessed. For violations that present an imminent threat to health or safety, if not promptly addressed, the Director may suspend or revoke the affected license[iii]. Pursuant to 10 TAC § 90.7, a licensee is entitled to appeal any order issued by the Director, including any order as a result of an inspection or a complaint and any order denying a license or issuing a license subject to specified conditions. In lieu of or during the pendency of any appeal, a licensee may request to meet with the Director or, at his or her option, his or her designee to resolve disputes. Any such meeting may be by telephone or in person. Meetings in person shall be in the county where the migrant labor housing facility affected is located unless the licensee agrees otherwise. A licensee may request an alternative dispute resolution in accordance with the Department’s rules regarding such resolution set forth at 10 TAC, § 1.17. All appeals are contested cases subject to and to be handled in accordance with Chapter 2001, Texas Government Code.
25 TAC § 265.34 provides that Health and Safety Code, Chapter 147, requires the licensing of all facilities used for housing seasonal or temporary agricultural workers. Any person who wants to apply for a license to operate a facility may obtain the application form from the General Sanitation Division of the department. An application must be submitted to the General Sanitation Division at least 45 days prior to the intended operation of the facility, but no more than 60 days. Prior to January 1, 2005, the term of all licenses is one year and expires on the anniversary of the effective date, unless renewed. Effective January 1, 2005, the term of all licenses is two years. Some licenses will be renewed for a one-year term in 2005, in a manner to be determined by the department and two years thereafter. Before the department denies, suspends, revokes, or refuses to issue a license, the department shall give the applicant or licensee an opportunity for a hearing on the department’s proposed action. The department shall conduct the hearing in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001, and the department’s sections on formal hearings, §§ 1.21, 1.23, 1.25 and 1.27 of this title.
[i] Tex. Agric. Code § 125.001.
[ii] Tex. Agric. Code § 125.013.
[iii] 10 TAC § 90.6.
