1. (a) If the Department receives any complaint, it shall investigate it by appropriate means, including the conducting of a complaint inspection. Any complaint inspection will be conducted after giving the Provider notice of the inspection and an opportunity to be present. The complainant will be contacted by the Department as soon as possible but no later than 10 days after making a complaint and such a call may be relayed to local authority(s) if a possible life threatening safety or health issue is involved. Complaints received by the Department:

   1. (1) will be accepted through the Department 's Internet website, in person at any Department office, or by telephone to 1-833-522-7028, or written notice to the Department (either through mail or electronic mail); and
   2. (2) May be made in English, Spanish, or other language, as needed.

   3. (3) May only be submitted by:

      1. (A) An occupant of the Facility that is the subject of the complaint;
      2. (B) A prospective occupant of the Facility that is the subject of the complaint;
      3. (C) The Designated Representative of a person described by subparagraph (A) or (B) of this paragraph; or
      4. (D) An individual, including the owner or tenant of an adjacent property, that has observed a clear violation of this chapter.

2. (b) On receipt of a complaint, the Department will not later than the fifth day after the date on which the Department receives a complaint, the Department shall notify the Provider by electronic mail that is the subject of the complaint. Notice under this subsection must include:

   1. (1) the date that the complaint was received;
   2. (2) the subject matter of the complaint;
   3. (3) the name of each person contacted in relation to the complaint, if any; and
   4. (4) the timeline for remedying a complaint that is not otherwise dismissed by the Department.
3. (c) If the Department is unable to make contact with a Provider of a 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.
4. (d) 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 Provider of the Facility that is the subject of the complaint, and the complainant or their Designated Representative.

5. (e) A Designated Representative may not be required to reveal the name of any 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. The Department will verify the Designated Representative is authorized through the following process:

   1. (1) A written authorization must be submitted to the Department, using a Department-provided form or another document containing the following:

      1. (A) The name of the Designated Representative, their contact information, and the name of any applicable organization they are representing.
      2. (B) The complainant's name and contact information, if authorized to disclose.
      3. (C) Whether the complainant wishes and authorizes the Designated Representative to disclose their name.
      4. (D) The complainant's employer, contact information, and housing address.
      5. (E) The length of time the authorization is valid for, not to exceed one year, as well as the effective date of the authorization.
      6. (F) A list of the communications the Designated Representative is authorized to conduct on the complainant's behalf.
      7. (G) The signature of both the complainant and the Designated Representative. The complainant's signature may be redacted by the Designated Representative if confidentiality is requested.
   2. (2) If the written authorization indicates that a complainant wishes to maintain confidentiality, the Department will conduct a virtual conference (or, upon the request of the complainant, an in-person meeting that can occur during the complaint investigation including during a follow up inspection) with the Designated Representative and the complainant, to confirm the validity of the written representation authorization, and to discuss any other details of the authorization, as needed.
6. (f) The Department may seek to protect the identity of any complainant from disclosure, but cannot guarantee a complainant's identity would not be subject to disclosure under the law. However, as stated and conditioned in subsection (e) of this subsection, a Designated Representative may not be required to reveal the name of any Worker on whose behalf the representative submitted a complaint.
7. (g) A person who owns, establishes, maintains, operates, or otherwise provides a Facility, and a Person who employs a Worker who occupies a Facility may not retaliate against a person for filing a complaint or providing information in good faith relating to a possible violation of this chapter.

8. (h) Remediation of a complaint:

   1. (1) Not later than the seventh day after the date that notice is received under Tex. Gov't Code §2306.934, the Provider of a Facility shall remedy the complaint.
   2. (2) Proof of remediation, at the Department's sole discretion and determination will be submitted in the form of visual evidence (such as photos/videos, invoices/receipts, etc.) and a sworn affidavit. A follow up inspection by the Department's designated inspectors, prior to the end of the prescribed corrective action period may also be proof of remediation.
   3. (3) For a Provider of a Facility who receives notice under Tex. Gov't Code §2306.934(e) or who does not submit proof of remediation in the manner provided by subsection (b) of this section, the Department shall have the Facility inspected as soon as possible following the seventh day after the date notice is received under Tex. Gov't Code §2306.934 to ensure remediation of the complaint.

9. (i) Remediation of a Complaint Regarding Certain Violations: This section applies only to a complaint that alleges a violation that the Department determines poses an imminent hazard or threat to the health and safety of the occupants of the Facility, including violations of rules adopted by the Department concerning sanitation. Examples include but are not limited to: failure to provide minimum square footage per person, insufficient or substandard bedding, bed sharing, insufficient kitchen facilities or meals not provided and insufficient waste disposal and interruption in or access to water.

   1. (1) Subject to paragraph (3) of this subsection, not later than the 30th day after the date notice is received under Tex. Gov't Code §2306.934, the Provider of a Facility that is the subject of a complaint described by subsection (h) of this section shall remedy the complaint.
   2. (2) The Department may refer a complaint described herein to a local authority for immediate inspection of the Facility.

   3. (3) The Provider must relocate or provide for the relocation to another Facility of the occupants of a Facility that is the subject of a complaint under subsection (h) of this section if the remediation of that complaint is projected to take longer than a period of 30 days. The relocation must be completed within seven days. A Facility to which a Person is relocated under this subsection:

      1. (A) must meet the standards described in §90.4 of this chapter (relating to Standards and Inspections);
      2. (B) must be located in the same vicinity as the vacated Facility;
      3. (C) any moving expenses shall be paid by the Provider; and
      4. (D) Provider shall hand-deliver or send via certified mail, return receipt requested, a written notice in both English and Spanish (or any other language that may be the primary language of the workers involved). This notice shall be in plain language and detail timeframes, procedure for payments/reimbursements, likely time frames for moving, and all relevant phone numbers and other contact information, including the Department's complaint line. Providers must arrange a reader to communicate with illiterate Workers.
      5. (E) These relocation procedures and requirements shall not apply when the Workers housed are temporarily in the United States under an H-2A visa authorized by 8 U.S.C. Section 1101(a)(15)(H)(ii)(a).
10. (j) The Department may conduct interviews, including interviews of Providers and Occupants, and review such records as it deems necessary to investigate a complaint.
11. (k) Any violations not resolved in the time frame above will be subject to the enforcement procedure described in §90.8 of this chapter (relating to Civil Penalties and Sanctions).
12. (l) Complaints regarding Migrant Labor Housing Facilities will be addressed under this section, and not §1.2 of this title (relating to Department Complaint System to the Department).

Source Note:The provisions of this §90.7 adopted to be effective July 4, 2024, 49 TexReg 4761; amended to be effective February 25, 2026, 51 TexReg 1044.