1. (a) When the Director finds that the requirements of the Act or these rules are not being met, he or she may assess civil penalties or impose other sanctions as set forth herein. Nothing herein limits the right, as set forth in the Act, to seek injunctive and monetary relief through a court of competent jurisdiction.
2. (b) A civil penalty collected by the Department, the county attorney for the county in which the violation occurred, or the attorney general, at the request of the Department, shall be deposited to the credit of the general revenue fund and may be appropriated only to the Department for the enforcement of this chapter.
3. (c) For violations that present an imminent threat to health or safety or if licensee has a history of violations, if not promptly addressed, the Director may suspend or revoke the affected License.
4. (d) For violations 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, the Provider will need to follow the relocation procedure described in 10 TAC §90.7(i)(3) relating to situations and procedures needed when Workers have to be relocated to alternate housing.
5. (e) For each violation of the Act or rules a civil penalty according to the attached penalty schedule but not less than $50 for each Person occupying the Facility in violation of this chapter for each day that the violation occurs will be assessed at the Department's sole determination.

6. (f) An action to collect a civil penalty under this section may be brought by:

   1. (1) the Department through the contested case hearing process described by Tex. Gov't Code § 2306.930(b);
   2. (2) the county attorney for the county in which the violation occurred, or the attorney general, at the request of the Department; or

   3. (3) a Migrant Agricultural Worker if:

      1. (A) a complaint regarding the violation for which the civil penalty is sought has been submitted under Tex. Gov't Code §2306.934; and

      2. (B) at the time the complaint is submitted, the worker:

         1. (i) lives in the Facility that is the subject of the complaint; and
         2. (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).

7. (g) An action to collect a civil penalty under this section may not be brought while:

   1. (1) a contested case hearing brought by the Department under Tex. Gov't Code §2306.930(b) and relating to the same Facility is pending;
   2. (2) an action for injunctive relief relating to the same violation is pending under Tex. Gov't Code §2306.932;
   3. (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. (4) the Provider of the Facility that is the subject of the action is:

      1. (A) Awaiting for the Facility to be inspected under Tex. Gov't Code §2306.935(c) to confirm remediation of the violation that is the subject of the action; or
      2. (B) providing housing at a Facility under Tex. Gov't Code §2306.936(d) to which the Migrant Agricultural Workers who occupied the Facility that is the subject of the action have been relocated under the procedures described in 10 TAC §90.7(i)(3).

8. (h) A civil penalty under this section begins accruing on the earlier of:

   1. (1) for a violation with a remediation period described by Tex. Gov't Code §2306.935, the day that:

      1. (A) the Department determines based on information submitted under Tex. Gov't Code §2306.935(b) that the Provider has failed to remedy the violation; or
      2. (B) an inspection described by Tex. Gov't Code §2306.935(c) establishes that the Provider has failed to remedy the violation; or
   2. (2) for a violation with a remediation period described by Tex. Gov't Code §2306.936, the 31st day following the date that notification of the complaint is received from the Department, unless the Provider has relocated under Tex. Gov't Code §2306.936(d) the Migrant Agricultural Workers who occupied the Facility that is the subject of the complaint.
9. (i) The Department shall issue a civil penalty invoice in accordance with the attached schedule for any findings of noncompliance that remain uncorrected as of the accrual dates noted above, provided that the TDHCA Compliance Division has not approved a corrective plan or extension. These invoices will be sent by electronic mail and USPS to the addresses provided on the most recent TDHCA license application. A civil penalty invoice must be paid within 30 days of issuance by the Department.
10. (j) In the event that there are multiple findings of noncompliance subject to civil penalties that fall under multiple groups in the attached schedule, the civil penalty shall be for the higher penalty amount.
11. (k) Failure to timely pay a civil penalty invoice shall cause the TDHCA Compliance Division to refer the unpaid invoice to the TDHCA Legal Division. The Legal Division will first attempt to resolve the matter informally. If the Legal Division is unable to resolve the matter informally, the Director, with the approval of the Board, shall cause a contested case hearing to be docketed before a SOAH administrative law judge in accordance with §1.13 of this title (relating to Contested Case Hearing Procedures), which outlines the remainder of the process. Alternatively, the Department may request that an action to collect the civil penalty be brought by the county attorney for the county in which the violation occurred, or the attorney general.
12. (l) The court in a suit brought under this chapter may award reasonable attorney's fees to the prevailing party.
13. (m) Civil penalties assessed regarding Migrant Labor Housing Facilities will be addressed under this section. Nothing herein limits the right, as set forth in the Act, to seek injunctive and monetary relief through a court of competent jurisdiction.

Source Note:The provisions of this §90.8 adopted to be effective July 4, 2024, 49 TexReg 4761; amended to be effective February 25, 2026, 51 TexReg 1044.