89R4495 SCF-F
By: Zwiener H.B. No. 2870
A BILL TO BE ENTITLED
AN ACT
relating to water breaks for construction employees of contractors
contracting with a governmental entity; 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. WATER BREAKS REQUIRED FOR CONSTRUCTION
EMPLOYEES 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, and
related structure;
(B) remodeling, extending, repairing, or
demolishing a structure; or
(C) otherwise improving real property or a
structure on 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) "Water break" means a break during work hours for
an employee to consume water. 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 water break during every four-hour work period. A
contractor or subcontractor is not required to provide water to an
employee during a water break required under this section.
(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 water break in violation
of Subsection (b) to submit a verbal or written complaint to the
governmental entity contracting with the contractor;
(2) require, on confirmation of a violation of
Subsection (b) as alleged in the complaint, the governmental entity
to provide to the contractor written notice of the violation by hand
delivery or certified mail;
(3) inform the 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 in an amount of not less than $100 and not more than $500 per
day if a contractor requires any employee to work without a water
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 water 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 the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.