(a) Representative designated by written authorization. A designated representative is an individual or organization to whom an agricultural laborer gives written authorization to exercise the laborer's rights under the Act and this chapter.
(b) Recognized or certified representatives.
  (1) Certified collective bargaining agent. A certified collective bargaining agent is a person or unit that has been sanctioned by a governmental body to represent agricultural laborers in matters of wages and working conditions. A certified collective bargaining agent is not required to have written authorization from the agricultural laborer who the certified collective bargaining agent represents.
  (2) Recognized collective bargaining agent. A recognized collective bargaining agent is a person or unit that has been acknowledged in a collective bargaining contract between an employer and an agricultural laborer. A recognized collective bargaining agent is not required to have a written authorization from the agricultural laborer who the recognized collective bargaining agent represents in order to exercise the laborer's rights under the Act.
  (3) Certified designated representative. A certified designated representative is a person who has been approved for certification by the department. In order to become a certified designated representative, an individual or organization shall submit a request for certification as a designated representative to the department. The request shall include the requester's name and address, the name of the agricultural laborer's employer, the address of the agricultural laborer's employer, if known, and a description of which of the laborer rights under the Act the designated representative intends to exercise. The laborer's written authorization shall be attached to the request and processed by the department as follows:
    (A) The department shall review the request and determine whether to accept or reject it within two business days after receipt. If the department determines that the request fulfills the requirements of the Act and this chapter, the department shall certify the requester as a designated representative. The designated representative remains certified until the agricultural laborer notifies the department that the agricultural laborer has withdrawn authorization. If the department rejects the request, the department shall notify the requester of the decision and give a statement of the reasons for the rejection. A person whose request has been rejected may attempt to address the reasons for rejection and ask that the request be reconsidered. Alternatively, the requester may appeal the rejection to the commissioner. A person not satisfied with the decision of the commissioner may appeal in the manner provided for contested cases under the Texas Administrative Procedure Act, Texas Government Code, Chapter 2001.
    (B) A certified designated representative is not required to reveal to anyone other than the department the identity of the agricultural laborer represented. The department shall maintain the laborer's anonymity, unless the laborer waives it.
    (C) A covered employer shall recognize a requester as a designated representative after receiving notice of certification by the department.

Source Note: The provisions of this §8.5 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; amended to be effective February 13, 2023, 48 TexReg 655