| 1 | 1 | | 89R4495 SCF-F |
|---|
| 2 | 2 | | By: Zwiener H.B. No. 2870 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to water breaks for construction employees of contractors |
|---|
| 10 | 10 | | contracting with a governmental entity; providing an |
|---|
| 11 | 11 | | administrative penalty. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
|---|
| 14 | 14 | | amended by adding Section 2252.911 to read as follows: |
|---|
| 15 | 15 | | Sec. 2252.911. WATER BREAKS REQUIRED FOR CONSTRUCTION |
|---|
| 16 | 16 | | EMPLOYEES UNDER CONTRACTS WITH GOVERNMENTAL ENTITIES. (a) In this |
|---|
| 17 | 17 | | section: |
|---|
| 18 | 18 | | (1) "Construction contract" means a contract or |
|---|
| 19 | 19 | | agreement for the performance of general construction. |
|---|
| 20 | 20 | | (2) "Contractor" means a person, firm, or corporation |
|---|
| 21 | 21 | | contracting with a governmental entity for general construction. |
|---|
| 22 | 22 | | (3) "Employee" means an individual paid by a |
|---|
| 23 | 23 | | contractor or subcontractor to perform general construction work or |
|---|
| 24 | 24 | | services. |
|---|
| 25 | 25 | | (4) "General construction" means: |
|---|
| 26 | 26 | | (A) erecting or preparing to erect a structure, |
|---|
| 27 | 27 | | including a building, bridge, roadway, public utility facility, and |
|---|
| 28 | 28 | | related structure; |
|---|
| 29 | 29 | | (B) remodeling, extending, repairing, or |
|---|
| 30 | 30 | | demolishing a structure; or |
|---|
| 31 | 31 | | (C) otherwise improving real property or a |
|---|
| 32 | 32 | | structure on real property. |
|---|
| 33 | 33 | | (5) "Governmental entity" means: |
|---|
| 34 | 34 | | (A) a board, commission, department, office, or |
|---|
| 35 | 35 | | other agency in the executive branch of state government; or |
|---|
| 36 | 36 | | (B) a political subdivision of this state, |
|---|
| 37 | 37 | | including a municipality, county, public school district, or |
|---|
| 38 | 38 | | special-purpose district or authority. |
|---|
| 39 | 39 | | (6) "Water break" means a break during work hours for |
|---|
| 40 | 40 | | an employee to consume water. The term does not include a regular |
|---|
| 41 | 41 | | meal period a contractor or subcontractor provides to an employee. |
|---|
| 42 | 42 | | (b) A governmental entity contracting with a contractor |
|---|
| 43 | 43 | | shall require the contractor and any subcontractor to provide to |
|---|
| 44 | 44 | | each employee performing work under the contract at least a |
|---|
| 45 | 45 | | 10-minute paid water break during every four-hour work period. A |
|---|
| 46 | 46 | | contractor or subcontractor is not required to provide water to an |
|---|
| 47 | 47 | | employee during a water break required under this section. |
|---|
| 48 | 48 | | (c) Each construction contract with a governmental entity |
|---|
| 49 | 49 | | must include terms that: |
|---|
| 50 | 50 | | (1) authorize an employee of a contractor or |
|---|
| 51 | 51 | | subcontractor required to work without a water break in violation |
|---|
| 52 | 52 | | of Subsection (b) to submit a verbal or written complaint to the |
|---|
| 53 | 53 | | governmental entity contracting with the contractor; |
|---|
| 54 | 54 | | (2) require, on confirmation of a violation of |
|---|
| 55 | 55 | | Subsection (b) as alleged in the complaint, the governmental entity |
|---|
| 56 | 56 | | to provide to the contractor written notice of the violation by hand |
|---|
| 57 | 57 | | delivery or certified mail; |
|---|
| 58 | 58 | | (3) inform the contractor the governmental entity is |
|---|
| 59 | 59 | | authorized to impose an administrative penalty if the contractor |
|---|
| 60 | 60 | | fails to comply with Subsection (b) after the date on which the |
|---|
| 61 | 61 | | contractor receives notice under Subdivision (2); and |
|---|
| 62 | 62 | | (4) state that an imposed penalty amount may be |
|---|
| 63 | 63 | | withheld from a payment otherwise owed to a contractor under the |
|---|
| 64 | 64 | | contract. |
|---|
| 65 | 65 | | (d) In accordance with a construction contract governed by |
|---|
| 66 | 66 | | this section, the governmental entity may impose an administrative |
|---|
| 67 | 67 | | penalty in an amount of not less than $100 and not more than $500 per |
|---|
| 68 | 68 | | day if a contractor requires any employee to work without a water |
|---|
| 69 | 69 | | break in violation of Subsection (b). A proceeding under this |
|---|
| 70 | 70 | | section to impose an administrative penalty is a contested case |
|---|
| 71 | 71 | | under Chapter 2001. |
|---|
| 72 | 72 | | (e) Each governmental entity shall develop procedures for |
|---|
| 73 | 73 | | the administration of this section. |
|---|
| 74 | 74 | | (f) This section does not preempt a local ordinance, rule, |
|---|
| 75 | 75 | | or other measure a political subdivision of this state adopts |
|---|
| 76 | 76 | | requiring water breaks in accordance with a construction contract |
|---|
| 77 | 77 | | that is compatible with and equal to or more stringent than the |
|---|
| 78 | 78 | | provisions of this section. |
|---|
| 79 | 79 | | SECTION 2. Section 2252.911, Government Code, as added by |
|---|
| 80 | 80 | | this Act, applies only to a contract for which the solicitation of |
|---|
| 81 | 81 | | qualifications, proposals, or other similar expressions of |
|---|
| 82 | 82 | | interest is published on or after the effective date of this Act. |
|---|
| 83 | 83 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|