Texas 2017 - 85th Regular

Texas House Bill HB3899 Compare Versions

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

Old	New	Differences
1	1	By: Neave H.B. No. 3899
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to rest breaks for employees of certain contractors with a
7	7	governmental entity; providing an administrative penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter Z, Chapter 2252, Government Code, is
10	10	amended by adding Sections 2252.909 and 2252.910 to read as
11	11	follows:
12	12	Sec. 2252.909. 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 the contractor and any subcontractor to provide at
41	41	least a 10-minute paid rest break within every four hour period of
42	42	work to each employee performing work under the contract.
43	43	(c) Each construction contract with a governmental entity
44	44	must include terms that:
45	45	(1) authorize an employee of a contractor or
46	46	subcontractor required to work without a rest break in violation of
47	47	Subsection (b) to make a verbal or written complaint to the
48	48	governmental entity contracting with the contractor;
49	49	(2) explain that, on confirmation of a violation of
50	50	Subsection (b) that is the subject of a complaint, the governmental
51	51	entity shall provide to the contractor written notice of the
52	52	violation by hand delivery or certified mail;
53	53	(3) inform a contractor that the governmental entity
54	54	may impose an administrative penalty if the contractor fails to
55	55	comply with Subsection (b) after the date on which the contractor
56	56	receives notice under Subdivision (2); and
57	57	(4) explain that a penalty amount may be withheld from
58	58	a payment otherwise owed to a contractor under a construction
59	59	contract.
60	60	(d) The amount of a penalty imposed under Subsection (c)(3)
61	61	is an amount not less than $100 and not more than $500 per day if any
62	62	employee is required to work without a rest break in violation of
63	63	Subsection (b).
64	64	(e) Each governmental entity shall develop procedures for
65	65	the administration of this section.
66	66	Sec. 2252.910. PREEMPTION OF LOCAL ORDINANCE. This section
67	67	does not preempt a local ordinance or rule more stringent than Sec.
68	68	2252.909.
69	69	SECTION 2. Section 2252.909, Government Code, as added by
70	70	this Act, applies only to a contract for which the solicitation of
71	71	qualifications, proposals, or other similar expressions of
72	72	interest is published on or after September 1, 2017.
73	73	SECTION 3. This Act takes effect September 1, 2017.