Texas 2025 - 89th Regular

Texas House Bill HB446 Compare Versions

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

Old	New	Differences
1	1	89R2370 KKR-F
2	2	By: Flores H.B. No. 446
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to workplace heat illness prevention, including the
10	10	creation of a heat illness prevention advisory board; imposing
11	11	administrative penalties; providing a private cause of action.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle B, Title 2, Labor Code, is amended by
14	14	adding Chapter 53 to read as follows:
15	15	CHAPTER 53. WORKPLACE HEAT SAFETY
16	16	Sec. 53.001. DEFINITIONS. In this chapter:
17	17	(1) "Advisory board" means the heat illness prevention
18	18	advisory board established under Section 53.003.
19	19	(2) "Commission" means the Texas Workforce
20	20	Commission.
21	21	(3) "Employer" means a person who employs one or more
22	22	employees.
23	23	(4) "Heat illness" means a serious medical condition
24	24	resulting from the body's inability to cope with a particular heat
25	25	load and includes heat cramps, heat exhaustion, heat syncope, and
26	26	heatstroke.
27	27	(5) "Heat safety expert" means an individual who:
28	28	(A) holds a certification or educational degree
29	29	in environmental science, human physiology, medicine, occupational
30	30	safety, public health, or a related field; and
31	31	(B) performs work focused on heat safety in the
32	32	workplace.
33	33	Sec. 53.002. APPLICABILITY. This chapter applies to all
34	34	employers in this state, regardless of the location of employment,
35	35	type of employment, or size or type of employer.
36	36	Sec. 53.003. HEAT ILLNESS PREVENTION ADVISORY BOARD. (a) A
37	37	heat illness prevention advisory board is established to assist the
38	38	commission in adopting heat illness prevention standards under this
39	39	chapter.
40	40	(b) The advisory board consists of the following members
41	41	appointed by the commission:
42	42	(1) two members who are heat safety experts;
43	43	(2) two members who are employed as construction
44	44	workers;
45	45	(3) one member who is an employer;
46	46	(4) one member who is a representative of a nonprofit
47	47	organization engaged in worker safety issues; and
48	48	(5) one member who is a representative of construction
49	49	worker labor unions.
50	50	(c) The advisory board shall develop and recommend to the
51	51	commission heat illness prevention standards, consistent with this
52	52	chapter, that are designed to protect employees from heat illness
53	53	in indoor and outdoor worksites.
54	54	Sec. 53.004. HEAT ILLNESS PREVENTION STANDARDS. (a) The
55	55	commission by rule shall adopt heat illness prevention standards.
56	56	In adopting the standards, the commission shall give full
57	57	consideration to the recommendations the advisory board makes under
58	58	Section 53.003(c).
59	59	(b) The heat illness prevention standards must:
60	60	(1) be consistent with the standards and
61	61	recommendations relating to heat and workforce safety contained in
62	62	the Criteria for a Recommended Standard: Occupational Exposure to
63	63	Heat and Hot Environments published by the National Institute for
64	64	Occupational Safety and Health, as those standards and
65	65	recommendations existed on January 1, 2025; and
66	66	(2) include:
67	67	(A) requirements for providing:
68	68	(i) drinking water;
69	69	(ii) access to nearby shade or
70	70	climate-controlled environments, restrooms, and handwashing
71	71	stations; and
72	72	(iii) rest periods;
73	73	(B) standards for effective emergency response
74	74	procedures;
75	75	(C) standards for heat acclimatization;
76	76	(D) training on heat and workforce safety for
77	77	employees and supervisors; and
78	78	(E) other related standards for protecting
79	79	workers from heat illness.
80	80	Sec. 53.005. NOTICE TO EMPLOYEES. (a) Each employer shall
81	81	post in a conspicuous place accessible to employees the notice the
82	82	commission prescribes under Subsection (b) at:
83	83	(1) the employer's place of business; and
84	84	(2) if applicable, each worksite at which employees
85	85	perform job duties for the employer.
86	86	(b) The commission shall prescribe the form and content of
87	87	the employer notice required by Subsection (a) and make the notice
88	88	available on the commission's Internet website. The notice must:
89	89	(1) be in English, Spanish, Vietnamese, and any other
90	90	language the commission determines appropriate; and
91	91	(2) outline:
92	92	(A) the heat illness prevention standards the
93	93	commission adopts under this chapter; and
94	94	(B) employees' rights under this chapter.
95	95	Sec. 53.006. EMPLOYEE TRAINING REQUIRED. Each employer
96	96	shall provide training to the employer's employees about the
97	97	commission's heat illness prevention standards as the standards
98	98	relate to employees, supervisors, and employers. The training,
99	99	including any related written materials, must be provided to each
100	100	employee in a language that the employee understands.
101	101	Sec. 53.007. UNLAWFUL EMPLOYMENT PRACTICE. An employer
102	102	commits an unlawful employment practice under this chapter if the
103	103	employer retaliates or discriminates against an employee who:
104	104	(1) experiences heat illness in the workplace;
105	105	(2) reports to the employer an instance of heat
106	106	illness or a violation of this chapter or other applicable
107	107	standards;
108	108	(3) files a complaint with the commission related to a
109	109	violation of this chapter or rules adopted under this chapter;
110	110	(4) files an action related to a violation of this
111	111	chapter or rules adopted under this chapter; or
112	112	(5) testifies, assists, or participates in any manner
113	113	in an investigation, proceeding, or hearing under this chapter.
114	114	Sec. 53.008. ADMINISTRATIVE PENALTY. The commission shall
115	115	assess an administrative penalty in an amount that is not less than
116	116	$1,000 against an employer for each violation of this chapter or a
117	117	rule adopted under this chapter. Each day a violation continues or
118	118	occurs is a separate violation for purposes of imposing a penalty.
119	119	Sec. 53.009. CIVIL LIABILITY. (a) In addition to any
120	120	administrative penalty assessed under this chapter, an employer is
121	121	liable in a civil action for personal injury, death, or other
122	122	damages caused by the employer's failure to comply with the heat
123	123	illness prevention standards the commission adopts. An employee is
124	124	not required to exhaust any applicable administrative remedies
125	125	before filing an action under this section.
126	126	(b) An employee who prevails in an action against an
127	127	employer under this section is entitled to recover from the
128	128	employer court costs and reasonable attorney's fees.
129	129	(c) A court that finds that an employer knowingly violated
130	130	the heat illness prevention standards adopted under this chapter
131	131	shall award exemplary damages in an amount equal to three times the
132	132	amount of compensatory damages awarded to the employee.
133	133	SECTION 2. (a) As soon as practicable after the effective
134	134	date of this Act, but not later than October 1, 2025, the Texas
135	135	Workforce Commission shall appoint the advisory board members to
136	136	the heat illness prevention advisory board established under
137	137	Section 53.003, Labor Code, as added by this Act.
138	138	(b) Not later than January 1, 2026, the heat illness
139	139	prevention advisory board shall submit to the Texas Workforce
140	140	Commission the recommended workplace heat illness prevention
141	141	standards the board develops under Section 53.003(c), Labor Code,
142	142	as added by this Act.
143	143	(c) Not later than March 1, 2026, the Texas Workforce
144	144	Commission shall:
145	145	(1) adopt heat illness prevention standards as
146	146	required by Section 53.004, Labor Code, as added by this Act; and
147	147	(2) prescribe the employer notice required by Section
148	148	53.005, Labor Code, as added by this Act.
149	149	SECTION 3. An employer is not required to comply with
150	150	Chapter 53, Labor Code, as added by this Act, before March 1, 2026.
151	151	SECTION 4. (a) The change in law made by this Act applies
152	152	only to an unlawful employment practice that occurs on or after
153	153	March 1, 2026.
154	154	(b) The change in law made by this Act applies only to a
155	155	cause of action that accrues on or after March 1, 2026.
156	156	SECTION 5. This Act takes effect immediately if it receives
157	157	a vote of two-thirds of all the members elected to each house, as
158	158	provided by Section 39, Article III, Texas Constitution. If this
159	159	Act does not receive the vote necessary for immediate effect, this
160	160	Act takes effect September 1, 2025.