| 1 | 1 | | 88S30445 SCP-F |
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| 2 | 2 | | By: Zwiener H.B. No. 97 |
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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 water breaks for employees of certain contractors with |
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| 8 | 8 | | a governmental entity; providing an administrative penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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| 11 | 11 | | amended by adding Section 2252.911 to read as follows: |
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| 12 | 12 | | Sec. 2252.911. WATER BREAKS REQUIRED FOR EMPLOYEES |
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| 13 | 13 | | PERFORMING CONSTRUCTION WORK UNDER CONTRACTS WITH GOVERNMENTAL |
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| 14 | 14 | | ENTITIES. (a) In this section: |
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| 15 | 15 | | (1) "Construction contract" means a contract or |
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| 16 | 16 | | agreement for the performance of general construction. |
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| 17 | 17 | | (2) "Contractor" means a person, firm, or corporation |
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| 18 | 18 | | contracting with a governmental entity for general construction. |
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| 19 | 19 | | (3) "Employee" means an individual paid by a |
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| 20 | 20 | | contractor or subcontractor to perform general construction work or |
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| 21 | 21 | | services. |
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| 22 | 22 | | (4) "General construction" means: |
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| 23 | 23 | | (A) erecting or preparing to erect a structure, |
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| 24 | 24 | | including a building, bridge, roadway, public utility facility, or |
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| 25 | 25 | | related structure; |
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| 26 | 26 | | (B) remodeling, extending, repairing, or |
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| 27 | 27 | | demolishing a structure; or |
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| 28 | 28 | | (C) otherwise improving real property or a |
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| 29 | 29 | | structure related to real property. |
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| 30 | 30 | | (5) "Governmental entity" means: |
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| 31 | 31 | | (A) a board, commission, department, office, or |
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| 32 | 32 | | other agency in the executive branch of state government; or |
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| 33 | 33 | | (B) a political subdivision of this state, |
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| 34 | 34 | | including a municipality, county, public school district, or |
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| 35 | 35 | | special-purpose district or authority. |
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| 36 | 36 | | (6) "Water break" means a break from work during work |
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| 37 | 37 | | hours for an employee to consume water. The term does not include a |
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| 38 | 38 | | regular meal break period provided to an employee by a contractor or |
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| 39 | 39 | | subcontractor. |
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| 40 | 40 | | (b) A governmental entity contracting with a contractor |
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| 41 | 41 | | shall require the contractor and any subcontractor to provide at |
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| 42 | 42 | | least a 10-minute paid water break within every four-hour period of |
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| 43 | 43 | | work to each employee performing work under the contract. A |
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| 44 | 44 | | contractor or subcontractor is not required to provide water to an |
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| 45 | 45 | | employee during a water break required under this section. |
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| 46 | 46 | | (c) Each construction contract with a governmental entity |
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| 47 | 47 | | must include terms that: |
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| 48 | 48 | | (1) authorize an employee of a contractor or |
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| 49 | 49 | | subcontractor required to work without a water break in violation |
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| 50 | 50 | | of Subsection (b) to make a verbal or written complaint to the |
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| 51 | 51 | | governmental entity contracting with the contractor; |
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| 52 | 52 | | (2) explain that, on confirmation of a violation of |
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| 53 | 53 | | Subsection (b) that is the subject of a complaint, the governmental |
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| 54 | 54 | | entity shall provide to the contractor written notice of the |
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| 55 | 55 | | violation by hand delivery or certified mail; |
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| 56 | 56 | | (3) inform a contractor that the governmental entity |
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| 57 | 57 | | may impose an administrative penalty if the contractor fails to |
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| 58 | 58 | | comply with Subsection (b) after the date on which the contractor |
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| 59 | 59 | | receives notice under Subdivision (2); and |
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| 60 | 60 | | (4) explain that a penalty amount may be withheld from |
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| 61 | 61 | | a payment otherwise owed to a contractor under the contract. |
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| 62 | 62 | | (d) In accordance with a construction contract governed by |
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| 63 | 63 | | this section, the governmental entity may impose an administrative |
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| 64 | 64 | | penalty in an amount of not less than $100 and not more than $500 per |
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| 65 | 65 | | day if any employee is required to work without a water break in |
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| 66 | 66 | | violation of Subsection (b). A proceeding under this section to |
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| 67 | 67 | | impose an administrative penalty is a contested case under Chapter |
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| 68 | 68 | | 2001. |
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| 69 | 69 | | (e) Each governmental entity shall develop procedures for |
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| 70 | 70 | | the administration of this section. |
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| 71 | 71 | | (f) This section does not preempt a local ordinance, rule, |
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| 72 | 72 | | or other measure adopted by a political subdivision of this state |
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| 73 | 73 | | requiring water breaks in accordance with a construction contract |
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| 74 | 74 | | that is compatible with and equal to or more stringent than the |
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| 75 | 75 | | provisions of this section. |
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| 76 | 76 | | SECTION 2. Section 2252.911, Government Code, as added by |
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| 77 | 77 | | this Act, applies only to a contract for which the solicitation of |
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| 78 | 78 | | qualifications, proposals, or other similar expressions of |
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| 79 | 79 | | interest is published on or after the effective date of this Act. |
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| 80 | 80 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 81 | 81 | | last day of the legislative session. |
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