Texas 2015 - 84th Regular

Texas Senate Bill SB154 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1103 MTB-F
2	2	By: Rodríguez S.B. No. 154
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to rest breaks for employees of certain contractors with a
8	8	governmental entity; providing an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 2252, Government Code, is
11	11	amended by adding Section 2252.908 to read as follows:
12	12	Sec. 2252.908. REST BREAKS REQUIRED FOR EMPLOYEES
13	13	PERFORMING CONSTRUCTION WORK UNDER CONTRACTS WITH GOVERNMENTAL
14	14	ENTITIES. (a) In this section:
15	15	(1) "Construction contract" means a contract or
16	16	agreement for the performance of general construction for a
17	17	governmental entity.
18	18	(2) "Contractor" means a person, firm, or corporation
19	19	contracting with a governmental entity for general construction.
20	20	(3) "Employee" means an individual paid by a
21	21	contractor or subcontractor to perform general construction work or
22	22	services.
23	23	(4) "General construction" means:
24	24	(A) erecting or preparing to erect a structure,
25	25	including a building, bridge, roadway, public utility facility, or
26	26	related structure;
27	27	(B) remodeling, extending, repairing, or
28	28	demolishing a structure; or
29	29	(C) otherwise improving real property or a
30	30	structure related to real property.
31	31	(5) "Governmental entity" means:
32	32	(A) this state; and
33	33	(B) a political subdivision of this state,
34	34	including a municipality, county, public school district, or
35	35	special-purpose district or authority.
36	36	(6) "Rest break" means a break from work during work
37	37	hours. The term does not include a regular meal break period
38	38	provided to an employee by a contractor or subcontractor.
39	39	(b) A governmental entity contracting with a contractor
40	40	shall require:
41	41	(1) the contractor and any subcontractor to provide at
42	42	least a 15-minute paid rest break for every four hours of work to
43	43	each employee performing work under the contract; and
44	44	(2) that employees performing work under the contract
45	45	not work more than three hours and 30 minutes without a rest break.
46	46	(c) Each construction contract with a governmental entity
47	47	must include terms that:
48	48	(1) authorize an employee of a contractor or
49	49	subcontractor required to work without a rest break in violation of
50	50	Subsection (b) to make a verbal or written complaint to the
51	51	governmental entity contracting with the contractor;
52	52	(2) explain that, on confirmation of a violation of
53	53	Subsection (b) that is the subject of a complaint, the governmental
54	54	entity shall provide to the contractor written notice of the
55	55	violation by hand delivery or certified mail;
56	56	(3) inform a contractor that the governmental entity
57	57	may impose an administrative penalty if the contractor fails to
58	58	comply with Subsection (b) after the date on which the contractor
59	59	receives notice under Subdivision (2); and
60	60	(4) explain that a penalty amount may be withheld from
61	61	a payment otherwise owed to a contractor under a construction
62	62	contract.
63	63	(d) The amount of a penalty imposed under Subsection (c)(3)
64	64	is $100 per day for each employee who is required to work without a
65	65	rest break in violation of Subsection (b).
66	66	(e) Each governmental entity shall develop procedures for
67	67	the administration of this section.
68	68	SECTION 2. Section 2252.908, Government Code, as added by
69	69	this Act, applies only to a contract for which the solicitation of
70	70	qualifications, proposals, or other similar expressions of
71	71	interest is published on or after September 1, 2015.
72	72	SECTION 3. This Act takes effect September 1, 2015.