85R5538 JG-F
By: Hernandez H.B. No. 863
A BILL TO BE ENTITLED
AN ACT
relating to safety training for employees performing construction
work under a contract with a governmental entity; providing
administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 2252, Government Code, is
amended by adding Section 2252.902 to read as follows:
Sec. 2252.902. SAFETY TRAINING REQUIRED FOR EMPLOYEES
PERFORMING CONSTRUCTION WORK UNDER CONTRACTS WITH GOVERNMENTAL
ENTITIES. (a) In this section:
(1) "Construction contract" means a contract or
agreement for the performance of general construction for a
governmental entity.
(2) "Construction safety training" means a
construction and general industry safety training class approved by
the federal Occupational Safety and Health Administration that is
at least 10 hours in duration.
(3) "Contractor" means a person, firm, or corporation
contracting with a governmental entity for general construction.
(4) "Employee" means an individual paid by a
contractor or subcontractor to perform general construction work or
services.
(5) "General construction" means:
(A) erecting or preparing to erect a structure,
including a building, bridge, roadway, public utility facility, or
related structure;
(B) remodeling, extending, repairing, or
demolishing a structure; or
(C) otherwise improving real property or a
structure related to real property.
(6) "Governmental entity" means:
(A) this state; and
(B) a political subdivision of this state,
including a municipality, county, public school district, or
special-purpose district or authority.
(7) "Subcontractor" means a person, firm, or
corporation contracting with a contractor for general
construction.
(b) To the extent consistent with federal law, a
governmental entity that enters into a construction contract must
require that the contractor ensure that all employees working on
the general construction site that is the subject of the
construction contract have completed construction safety training.
Before an employee works on the general construction site, the
contractor must receive and provide to the governmental entity a
certificate of training completion for the employee.
(c) A governmental entity that enters into a construction
contract shall include in the contract notice and penalty
provisions that:
(1) require the governmental entity to provide the
contractor with written notice, hand delivered or by certified
mail, of a violation of Subsection (b) by the contractor;
(2) require the contractor to comply with Subsection
(b) by the 20th day after the date the contractor receives any
notice of noncompliance with that subsection;
(3) inform a contractor that the governmental entity
may impose an administrative penalty if the contractor fails to
comply with Subsection (b) after the 20th day after the date the
contractor receives any notice of noncompliance with that
subsection; and
(4) explain that a penalty amount may be withheld from
a payment otherwise owed to the contractor under the construction
contract.
(d) The amount of a penalty imposed under Subsection (c)(3)
is $100 per day for each employee working in noncompliance.
(e) Each governmental entity shall develop procedures for
the administration of this section.
SECTION 2. Section 2252.902, Government Code, as added by
this Act, applies only to a contract for which the solicitation of
qualifications, proposals, or other similar expressions of
interest is published on or after September 1, 2017.
SECTION 3. This Act takes effect September 1, 2017.