Texas 2017 - 85th Regular

Texas Senate Bill SB475 Compare Versions

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

Old	New	Differences
1	1	85R5469 DDT-F
2	2	By: Rodríguez, Garcia S.B. No. 475
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to safety training for employees performing construction
8	8	work under a contract with a governmental entity; providing
9	9	administrative penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter Z, Chapter 2252, Government Code, is
12	12	amended by adding Section 2252.902 to read as follows:
13	13	Sec. 2252.902. SAFETY TRAINING REQUIRED FOR EMPLOYEES
14	14	PERFORMING CONSTRUCTION WORK UNDER CONTRACTS WITH GOVERNMENTAL
15	15	ENTITIES. (a) In this section:
16	16	(1) "Advanced construction safety training" means a
17	17	construction and general industry safety training class approved by
18	18	the federal Occupational Safety and Health Administration that is
19	19	at least 30 hours in duration.
20	20	(2) "Construction contract" means a contract or
21	21	agreement for the performance of general construction for a
22	22	governmental entity.
23	23	(3) "Construction safety training" means a
24	24	construction and general industry safety training class approved by
25	25	the federal Occupational Safety and Health Administration that is
26	26	at least 10 hours in duration.
27	27	(4) "Contractor" means a person, firm, or corporation
28	28	contracting with a governmental entity for general construction.
29	29	(5) "Employee" means an individual paid by a
30	30	contractor or subcontractor to perform general construction work or
31	31	services.
32	32	(6) "General construction" means:
33	33	(A) erecting or preparing to erect a structure,
34	34	including a building, bridge, roadway, public utility facility, or
35	35	related structure;
36	36	(B) remodeling, extending, repairing, or
37	37	demolishing a structure; or
38	38	(C) otherwise improving real property or a
39	39	structure related to real property.
40	40	(7) "Governmental entity" means:
41	41	(A) this state; and
42	42	(B) a political subdivision of this state,
43	43	including a municipality, county, public school district, or
44	44	special-purpose district or authority.
45	45	(8) "Subcontractor" means a person, firm, or
46	46	corporation contracting with a contractor for general
47	47	construction.
48	48	(b) To the extent consistent with federal law, a
49	49	governmental entity that enters into a construction contract must
50	50	require that the contractor ensure that all employees working on
51	51	the general construction site that is the subject of the
52	52	construction contract have completed construction safety training.
53	53	Before an employee works on the general construction site, the
54	54	contractor must receive and provide to the governmental entity a
55	55	certificate of training completion for the employee.
56	56	(c) To the extent consistent with federal law, a
57	57	governmental entity that enters into a construction contract must
58	58	require that the contractor ensure that at least one supervisor
59	59	working on the general construction site that is the subject of the
60	60	construction contract has completed advanced construction safety
61	61	training. Before work begins on the general construction site, the
62	62	contractor must receive from at least one supervisor a certificate
63	63	of training completion and provide the certificate to the
64	64	governmental entity.
65	65	(d) A governmental entity that enters into a construction
66	66	contract shall include in the contract notice and penalty
67	67	provisions that:
68	68	(1) require the governmental entity to provide the
69	69	contractor with written notice, hand delivered or by certified
70	70	mail, of a violation of Subsection (b) or (c) by the contractor;
71	71	(2) require the contractor to comply with Subsection
72	72	(b) or (c), as applicable, by the 20th day after the date the
73	73	contractor receives any notice of noncompliance;
74	74	(3) inform a contractor that the governmental entity
75	75	may impose an administrative penalty if the contractor fails to
76	76	comply with Subsection (b) or (c), as applicable, after the 20th day
77	77	after the date the contractor receives any notice of noncompliance;
78	78	and
79	79	(4) explain that a penalty amount may be withheld from
80	80	a payment otherwise owed to the contractor under the construction
81	81	contract.
82	82	(e) The amount of a penalty imposed under Subsection (d)(3)
83	83	is $100 per day for each employee working in noncompliance.
84	84	(f) Each governmental entity shall develop procedures for
85	85	the administration of this section.
86	86	SECTION 2. Section 2252.902, Government Code, as added by
87	87	this Act, applies only to a contract for which the solicitation of
88	88	qualifications, proposals, or other similar expressions of
89	89	interest is published on or after September 1, 2017.
90	90	SECTION 3. This Act takes effect September 1, 2017.