Texas House Bill HB97

Texas 2023 - 88th 3rd C.S.

• Filed: 10/9/23

Caption

Relating to water breaks for employees of certain contractors with a governmental entity; providing an administrative penalty.

Impact

The bill adds protective measures for construction workers under contracts with governmental entities, directly influencing labor practices within the construction industry. By requiring scheduled water breaks, the legislation seeks to mitigate heat-related illnesses and ensure that workers are hydrated, thereby potentially improving overall workplace safety. Additionally, it does not preempt any local ordinances that are more stringent, meaning municipalities can still enforce stricter regulations concerning hydration and employee welfare.

Summary

House Bill 97 focuses on the requirement for contractors working with governmental entities to provide mandatory water breaks for their employees during construction work. Specifically, the bill stipulates that such employees must receive at least a 10-minute paid water break for every four-hour working period. This measure is aimed at safeguarding the health and well-being of construction workers, particularly in the context of Texas's often extreme weather conditions. The bill also establishes that failure to comply may result in administrative penalties ranging from $100 to $500 per day.

Sentiment

The general sentiment around HB 97 appears to be supportive, particularly among labor advocates and worker safety organizations. They see it as a positive step towards enhancing worker rights and health protections in a demanding industry. However, some opposition may arise from contractors who fear the additional regulatory requirements could lead to increased operational costs and administrative burdens. Overall, the dialogue has indicated a recognition of the need for worker safety standards in physically demanding jobs.

Contention

Notably, discussions surrounding the bill highlight the balance between ensuring worker safety and the operational flexibility of contractors. While proponents argue for the necessity of water breaks for health reasons, some stakeholders from the construction sector express concern over the implications of monitoring compliance and the associated penalties. The debate underscores broader themes of labor rights versus business interests, as well as the forms of oversight and enforcement mechanisms that might be put in place under this legislation.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2252. Contracts With Governmental Entity
  • Section: New Section