Texas 2017 - 85th Regular

Texas Senate Bill SB473 Compare Versions

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

Old	New	Differences
1	1	85R3743 JSC-D
2	2	By: Rodríguez, Garcia S.B. No. 473
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to paid rest breaks for construction employees of
8	8	construction contractors and subcontractors; providing an
9	9	administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
12	12	adding Chapter 83 to read as follows:
13	13	CHAPTER 83. PAID REST BREAKS FOR CONSTRUCTION EMPLOYEES
14	14	Sec. 83.001. DEFINITIONS. In this chapter:
15	15	(1) "Commission" means the Texas Workforce
16	16	Commission.
17	17	(2) "Construction employee" means an individual paid
18	18	by a construction employer to perform general construction work or
19	19	services.
20	20	(3) "Construction employer" means a contractor or
21	21	subcontractor who employs one or more construction employees in
22	22	this state.
23	23	(4) "Contractor" means a person, firm, or corporation
24	24	contracting for general construction.
25	25	(5) "General construction" means the:
26	26	(A) erection of or preparation to erect a
27	27	structure;
28	28	(B) remodeling, extension, repair, or demolition
29	29	of a structure; or
30	30	(C) other improvement of real property or a
31	31	structure related to real property.
32	32	(6) "Rest break" means a break from work during work
33	33	hours. The term does not include a regular meal break period
34	34	provided to a construction employee by a construction employer.
35	35	(7) "Subcontractor" means a person, firm, or
36	36	corporation contracting with a contractor for general
37	37	construction.
38	38	Sec. 83.002. PAID REST BREAKS REQUIRED. (a) A construction
39	39	employer shall provide at least a 15-minute paid rest break for
40	40	every four hours of work to each construction employee.
41	41	(b) The construction employer may not require the paid rest
42	42	break to be taken as part of a separate meal break.
43	43	Sec. 83.003. NOTICE TO CONSTRUCTION EMPLOYEES. (a) Each
44	44	construction employer shall, at the time of hiring, provide notice
45	45	in both English and Spanish to each construction employee:
46	46	(1) of the employee's entitlement to paid rest breaks
47	47	under this chapter;
48	48	(2) that retaliation by the employer against the
49	49	employee for requesting or taking paid rest breaks to which the
50	50	employee is entitled under this chapter is prohibited; and
51	51	(3) that the employee has a right to file a complaint
52	52	with the commission for any violation of this chapter.
53	53	(b) A construction employer may comply with this section by
54	54	displaying a poster in a conspicuous place, accessible to
55	55	construction employees, at the employer's place of business and at
56	56	the applicable construction work site that contains the information
57	57	required by this section in both English and Spanish.
58	58	(c) The commission by rule shall prescribe the design and
59	59	content of the sign described by Subsection (b).
60	60	Sec. 83.004. RETALIATION PROHIBITED. A construction
61	61	employer may not take retaliatory personnel action or otherwise
62	62	discriminate against a construction employee because the employee:
63	63	(1) requests or takes paid rest breaks in accordance
64	64	with this chapter; or
65	65	(2) files a complaint with the commission alleging the
66	66	employer's violation of this chapter.
67	67	Sec. 83.005. COMPLAINT; HEARING; PENALTY. (a) Any
68	68	construction employee aggrieved by a violation of this chapter may
69	69	file a claim with the commission in the manner prescribed by
70	70	Subchapter D, Chapter 61. Except as otherwise provided by this
71	71	chapter, the commission shall investigate and dispose of the
72	72	complaint in the same manner as a wage claim under Subchapter D,
73	73	Chapter 61.
74	74	(b) A construction employer that violates any applicable
75	75	requirement of this chapter must be provided with an opportunity to
76	76	correct the violation under Subsection (d).
77	77	(c) The commission shall notify the construction employer
78	78	if the commission determines that the employer has violated this
79	79	chapter.
80	80	(d) If the construction employer corrects the violation not
81	81	later than the 30th business day after the date the employer
82	82	receives notice under Subsection (c), the commission may not assess
83	83	an administrative penalty against the employer.
84	84	(e) The commission may assess an administrative penalty
85	85	against a construction employer for a violation of this chapter
86	86	only if the employer fails to correct the violation before the 31st
87	87	business day after the date the employer receives notice that the
88	88	employer has violated this chapter.
89	89	(f) The commission may award the construction employee all
90	90	appropriate relief, including rehiring or reinstatement to the
91	91	employee's previous job, payment of back wages, and reestablishment
92	92	of employee benefits for which the employee otherwise would have
93	93	been eligible if the employee had not been subject to retaliatory
94	94	personnel action or other discrimination.
95	95	(g) A party may appeal a final decision of the commission in
96	96	the manner prescribed by Section 61.062.
97	97	SECTION 2. Chapter 83, Labor Code, as added by this Act,
98	98	applies only to a violation that occurs on or after the effective
99	99	date of this Act.
100	100	SECTION 3. This Act takes effect September 1, 2017.