| 1 | 1 | | 85R5538 JG-F |
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| 2 | 2 | | By: Hernandez H.B. No. 863 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to safety training for employees performing construction |
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| 8 | 8 | | work under a contract with a governmental entity; providing |
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| 9 | 9 | | administrative penalties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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| 12 | 12 | | amended by adding Section 2252.902 to read as follows: |
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| 13 | 13 | | Sec. 2252.902. SAFETY TRAINING REQUIRED FOR EMPLOYEES |
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| 14 | 14 | | PERFORMING CONSTRUCTION WORK UNDER CONTRACTS WITH GOVERNMENTAL |
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| 15 | 15 | | ENTITIES. (a) In this section: |
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| 16 | 16 | | (1) "Construction contract" means a contract or |
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| 17 | 17 | | agreement for the performance of general construction for a |
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| 18 | 18 | | governmental entity. |
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| 19 | 19 | | (2) "Construction safety training" means a |
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| 20 | 20 | | construction and general industry safety training class approved by |
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| 21 | 21 | | the federal Occupational Safety and Health Administration that is |
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| 22 | 22 | | at least 10 hours in duration. |
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| 23 | 23 | | (3) "Contractor" means a person, firm, or corporation |
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| 24 | 24 | | contracting with a governmental entity for general construction. |
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| 25 | 25 | | (4) "Employee" means an individual paid by a |
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| 26 | 26 | | contractor or subcontractor to perform general construction work or |
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| 27 | 27 | | services. |
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| 28 | 28 | | (5) "General construction" means: |
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| 29 | 29 | | (A) erecting or preparing to erect a structure, |
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| 30 | 30 | | including a building, bridge, roadway, public utility facility, or |
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| 31 | 31 | | related structure; |
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| 32 | 32 | | (B) remodeling, extending, repairing, or |
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| 33 | 33 | | demolishing a structure; or |
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| 34 | 34 | | (C) otherwise improving real property or a |
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| 35 | 35 | | structure related to real property. |
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| 36 | 36 | | (6) "Governmental entity" means: |
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| 37 | 37 | | (A) this state; and |
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| 38 | 38 | | (B) a political subdivision of this state, |
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| 39 | 39 | | including a municipality, county, public school district, or |
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| 40 | 40 | | special-purpose district or authority. |
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| 41 | 41 | | (7) "Subcontractor" means a person, firm, or |
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| 42 | 42 | | corporation contracting with a contractor for general |
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| 43 | 43 | | construction. |
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| 44 | 44 | | (b) To the extent consistent with federal law, a |
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| 45 | 45 | | governmental entity that enters into a construction contract must |
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| 46 | 46 | | require that the contractor ensure that all employees working on |
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| 47 | 47 | | the general construction site that is the subject of the |
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| 48 | 48 | | construction contract have completed construction safety training. |
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| 49 | 49 | | Before an employee works on the general construction site, the |
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| 50 | 50 | | contractor must receive and provide to the governmental entity a |
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| 51 | 51 | | certificate of training completion for the employee. |
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| 52 | 52 | | (c) A governmental entity that enters into a construction |
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| 53 | 53 | | contract shall include in the contract notice and penalty |
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| 54 | 54 | | provisions that: |
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| 55 | 55 | | (1) require the governmental entity to provide the |
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| 56 | 56 | | contractor with written notice, hand delivered or by certified |
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| 57 | 57 | | mail, of a violation of Subsection (b) by the contractor; |
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| 58 | 58 | | (2) require the contractor to comply with Subsection |
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| 59 | 59 | | (b) by the 20th day after the date the contractor receives any |
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| 60 | 60 | | notice of noncompliance with that subsection; |
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| 61 | 61 | | (3) inform a contractor that the governmental entity |
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| 62 | 62 | | may impose an administrative penalty if the contractor fails to |
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| 63 | 63 | | comply with Subsection (b) after the 20th day after the date the |
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| 64 | 64 | | contractor receives any notice of noncompliance with that |
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| 65 | 65 | | subsection; and |
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| 66 | 66 | | (4) explain that a penalty amount may be withheld from |
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| 67 | 67 | | a payment otherwise owed to the contractor under the construction |
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| 68 | 68 | | contract. |
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| 69 | 69 | | (d) The amount of a penalty imposed under Subsection (c)(3) |
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| 70 | 70 | | is $100 per day for each employee working in noncompliance. |
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| 71 | 71 | | (e) Each governmental entity shall develop procedures for |
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| 72 | 72 | | the administration of this section. |
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| 73 | 73 | | SECTION 2. Section 2252.902, Government Code, as added by |
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| 74 | 74 | | this Act, applies only to a contract for which the solicitation of |
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| 75 | 75 | | qualifications, proposals, or other similar expressions of |
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| 76 | 76 | | interest is published on or after September 1, 2017. |
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| 77 | 77 | | SECTION 3. This Act takes effect September 1, 2017. |
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