89R4980 SCF-F
By: Meza H.B. No. 182
A BILL TO BE ENTITLED
AN ACT
relating to rest breaks for employees of certain governmental
entity contractors; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 2252, Government Code, is
amended by adding Section 2252.911 to read as follows:
Sec. 2252.911. REST BREAKS 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.
(2) "Contractor" means a person, firm, or corporation
contracting with a governmental entity for general construction.
(3) "Employee" means an individual paid by a
contractor or subcontractor to perform general construction work or
services.
(4) "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.
(5) "Governmental entity" means:
(A) a board, commission, department, office, or
other agency in the executive branch of state government; or
(B) a political subdivision of this state,
including a municipality, county, public school district, or
special-purpose district or authority.
(6) "Rest break" means a break from work during work
hours. The term does not include a regular meal period a contractor
or subcontractor provides to an employee.
(b) A governmental entity contracting with a contractor
shall require the contractor and any subcontractor to provide to
each employee performing work under the contract at least a
10-minute paid rest break during every four-hour work period.
(c) Each construction contract with a governmental entity
must include terms that:
(1) authorize an employee of a contractor or
subcontractor required to work without a rest break in violation of
Subsection (b) to make a verbal or written complaint to the
governmental entity contracting with the contractor;
(2) require, on confirmation of a violation of
Subsection (b) that is the subject of a complaint, the governmental
entity to provide to the contractor written notice of the violation
by hand delivery or certified mail;
(3) inform a contractor the governmental entity is
authorized to impose an administrative penalty if the contractor
fails to comply with Subsection (b) after the date on which the
contractor receives notice under Subdivision (2); and
(4) state that an imposed penalty amount may be
withheld from a payment otherwise owed to a contractor under the
contract.
(d) In accordance with a construction contract governed by
this section, the governmental entity may impose an administrative
penalty against a contractor in an amount of not less than $100 and
not more than $500 per day if a contractor or subcontractor requires
any employee to work without a rest break in violation of Subsection
(b). A proceeding under this section to impose an administrative
penalty is a contested case under Chapter 2001.
(e) Each governmental entity shall develop procedures for
the administration of this section.
(f) This section does not preempt a local ordinance, rule,
or other measure a political subdivision of this state adopts
requiring rest breaks in accordance with a construction contract
that is compatible with and equal to or more stringent than the
provisions of this section.
SECTION 2. Section 2252.911, 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, 2025.
SECTION 3. This Act takes effect September 1, 2025.