Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 6,985
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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(12) Operator--Any individual designated in an application
for a license to operate a migrant labor housing facility or in signed
correspondence from a licensee to the Department as having authority
to act on behalf of the a licensee to administer day-to-day operation
of that migrant labor housing facility and to respond to complaints,
investigations, inspections, orders, and other matters as set forth in
these rules.
(13) Worker--A migrant agricultural worker, as defined in
the Act, being an individual who is
(A) working or available for work seasonally or tem-
porarily in primarily an agricultural or agriculturally related industry
and
(B) moves one or more times from one place to anther
to perform seasonal or temporary employment or to be available for
seasonal or temporary employment.
90.2. Facilities.
(a) Facility site.
(1) Facility sites shall be well drained and free from de-
pressions in which water may stand. Sinkholes, pools, swamps, or
other surface collectors of water within 200 feet of the periphery of the
site shall be drained, filled, or treated on an ongoing basis to prevent
mosquito breeding. If they are drained or filled, this must be done so
as not to create a hazard. If they are treated, they must be appropriately
fenced if they present would present a hazard or attractive nuisance,
such as a place where children might play or pets might drink.
(2) Facility sites shall be made and kept free from any con-
ditions not conducive to housing such as conditions which create of-
fensive odors, attract flies, create excessive noise, allow unregulated
traffic, create a risk of fire, pose any other risk to safety, contribute to
or permit flooding, result in or contribute to overcrowding, or create or
promote the creation, perpetuation, or exacerbation of any other condi-
tion which would reasonably be viewed as hazardous or inappropriate
to a living facility.
(3) Grounds within the facility site shall maintained so as
to be free from debris, noxious plants (poison ivy, etc.) uncontrolled
weeds, or brush.
(4) Facility sites shall have recreation space for the facility
occupants based on the maximum facility capacity.
(5) Facility sites shall be located at least 500 feet from
livestock pens or any place where livestock is kept or fed.
(6) The housing site shall not be subject to periodic flood-
ing or located so the drainage from and through the site will endanger
any domestic or public water supply or enter or surround any living
facility.
(b) Water supply.
(1) A water supply which meets the provisions of Health
and Safety Code, Chapter 341, and the Texas Commission on Envi-
ronmental Quality's public drinking water standard, 30 TAC Chapter
290, Subchapter F, 290.101 - 290.115, 290.117 - 290.119, 290.121,
and 290.122 (relating to Drinking Water Standards Governing Drink-
ing Water Quality and Reporting Requirements for Public Water Sys-
tems), shall be available at all times in each facility.
(2) When the water supply does not meet the standards,
notice shall be given to facility occupants and posted in a conspicuous
location in the facility site. Such notice shall be given in English the
language primarily used at the migrant labor housing facility if other
than English AND shall display a universal symbol that such water isunsafe for consumption. Approved bottle water shall be provided to
the occupants.
(3) Facilities shall be connected to an existing public water
supply system, if one is available.
(4) Adequate arrangements for provision of hot water for
bathing, laundering, culinary, and dishwashing purposes shall be avail-
able in all facility sites.
(5) Facility sites shall provide water under pressure (a min-
imum of 20 psi and a minimum static of 35 psi) to each living arrange-
ment and utility building.
(6) In common use arrangements, dining halls, recreation,
and meeting rooms, drinking fountains shall be provided for each 100
occupants or fraction thereof and all such drinking fountains shall meet
American National Standards Institute standards, "Specification for
Drinking Fountains 2.4.2-1942."
(c) Excreta and liquid waste disposal.
(1) Arrangements shall be provided and maintained for ef-
fective sewage disposal. Raw or treated liquid waste shall not be dis-
charged or allowed to accumulate on the ground surface or in any place
other than a proper sewage disposal facility.
(2) Arrangements for disposal of excreta and liquid waste
shall be connected to a public sewer system, if available.
(3) All other disposal systems, (such as septic tanks, liquid
waste treatment, privies, and portable toilets) shall be constructed and
maintained as required by the Department of State Health Services.
(4) Portable toilet rooms not ventilated by mechanical
means shall be provided with adequate screened (16 mesh) ventilation
openings.
(d) Facilities.
(1) Facilities shall be constructed in a manner to insure
the protection of occupants against the elements. Facilities shall be
maintained in good repair and in a sanitary condition.
(2) Facilities shall have flooring constructed of smooth fin-
ished, rigid materials and be readily cleanable. The flooring shall be
installed so as to prevent entrance of ground or surface water into the
facility.
(3) In living arrangements utilized for combined cooking,
eating, and sleeping purposes, no less than 100 square feet of floor
space shall be provided for each occupant over 18 months of age.
Rooms used for sleeping purposes only shall provide at least 50 square
feet of floor space for each intended occupant.
(4) Facilities utilized by families with children shall have
a separate room or partitioned sleeping area for the husband and wife.
The partition shall provide privacy and shall not adversely affect the
meeting of any other standard hereunder, including the availability of
light and access to exits.
(5) In dormitory-type facilities, separate sleeping accom-
modations shall be provided for each sex. In family housing units,
separate sleeping accommodations shall be provided for each family
unit.
(6) Adequate, separate arrangements for each person or
family to hang clothes and store personal effects shall be provided.
(7) The total floor area of each habitable room in a facility
shall have a minimum ceiling height of seven feet.PROPOSED RULES October 28, 2005 30 TexReg 6985
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/12/?q=%22%22~1: accessed July 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.