89R2370 KKR-F
By: Flores H.B. No. 446
A BILL TO BE ENTITLED
AN ACT
relating to workplace heat illness prevention, including the
creation of a heat illness prevention advisory board; imposing
administrative penalties; providing a private cause of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Labor Code, is amended by
adding Chapter 53 to read as follows:
CHAPTER 53. WORKPLACE HEAT SAFETY
Sec. 53.001. DEFINITIONS. In this chapter:
(1) "Advisory board" means the heat illness prevention
advisory board established under Section 53.003.
(2) "Commission" means the Texas Workforce
Commission.
(3) "Employer" means a person who employs one or more
employees.
(4) "Heat illness" means a serious medical condition
resulting from the body's inability to cope with a particular heat
load and includes heat cramps, heat exhaustion, heat syncope, and
heatstroke.
(5) "Heat safety expert" means an individual who:
(A) holds a certification or educational degree
in environmental science, human physiology, medicine, occupational
safety, public health, or a related field; and
(B) performs work focused on heat safety in the
workplace.
Sec. 53.002. APPLICABILITY. This chapter applies to all
employers in this state, regardless of the location of employment,
type of employment, or size or type of employer.
Sec. 53.003. HEAT ILLNESS PREVENTION ADVISORY BOARD. (a) A
heat illness prevention advisory board is established to assist the
commission in adopting heat illness prevention standards under this
chapter.
(b) The advisory board consists of the following members
appointed by the commission:
(1) two members who are heat safety experts;
(2) two members who are employed as construction
workers;
(3) one member who is an employer;
(4) one member who is a representative of a nonprofit
organization engaged in worker safety issues; and
(5) one member who is a representative of construction
worker labor unions.
(c) The advisory board shall develop and recommend to the
commission heat illness prevention standards, consistent with this
chapter, that are designed to protect employees from heat illness
in indoor and outdoor worksites.
Sec. 53.004. HEAT ILLNESS PREVENTION STANDARDS. (a) The
commission by rule shall adopt heat illness prevention standards.
In adopting the standards, the commission shall give full
consideration to the recommendations the advisory board makes under
Section 53.003(c).
(b) The heat illness prevention standards must:
(1) be consistent with the standards and
recommendations relating to heat and workforce safety contained in
the Criteria for a Recommended Standard: Occupational Exposure to
Heat and Hot Environments published by the National Institute for
Occupational Safety and Health, as those standards and
recommendations existed on January 1, 2025; and
(2) include:
(A) requirements for providing:
(i) drinking water;
(ii) access to nearby shade or
climate-controlled environments, restrooms, and handwashing
stations; and
(iii) rest periods;
(B) standards for effective emergency response
procedures;
(C) standards for heat acclimatization;
(D) training on heat and workforce safety for
employees and supervisors; and
(E) other related standards for protecting
workers from heat illness.
Sec. 53.005. NOTICE TO EMPLOYEES. (a) Each employer shall
post in a conspicuous place accessible to employees the notice the
commission prescribes under Subsection (b) at:
(1) the employer's place of business; and
(2) if applicable, each worksite at which employees
perform job duties for the employer.
(b) The commission shall prescribe the form and content of
the employer notice required by Subsection (a) and make the notice
available on the commission's Internet website. The notice must:
(1) be in English, Spanish, Vietnamese, and any other
language the commission determines appropriate; and
(2) outline:
(A) the heat illness prevention standards the
commission adopts under this chapter; and
(B) employees' rights under this chapter.
Sec. 53.006. EMPLOYEE TRAINING REQUIRED. Each employer
shall provide training to the employer's employees about the
commission's heat illness prevention standards as the standards
relate to employees, supervisors, and employers. The training,
including any related written materials, must be provided to each
employee in a language that the employee understands.
Sec. 53.007. UNLAWFUL EMPLOYMENT PRACTICE. An employer
commits an unlawful employment practice under this chapter if the
employer retaliates or discriminates against an employee who:
(1) experiences heat illness in the workplace;
(2) reports to the employer an instance of heat
illness or a violation of this chapter or other applicable
standards;
(3) files a complaint with the commission related to a
violation of this chapter or rules adopted under this chapter;
(4) files an action related to a violation of this
chapter or rules adopted under this chapter; or
(5) testifies, assists, or participates in any manner
in an investigation, proceeding, or hearing under this chapter.
Sec. 53.008. ADMINISTRATIVE PENALTY. The commission shall
assess an administrative penalty in an amount that is not less than
$1,000 against an employer for each violation of this chapter or a
rule adopted under this chapter. Each day a violation continues or
occurs is a separate violation for purposes of imposing a penalty.
Sec. 53.009. CIVIL LIABILITY. (a) In addition to any
administrative penalty assessed under this chapter, an employer is
liable in a civil action for personal injury, death, or other
damages caused by the employer's failure to comply with the heat
illness prevention standards the commission adopts. An employee is
not required to exhaust any applicable administrative remedies
before filing an action under this section.
(b) An employee who prevails in an action against an
employer under this section is entitled to recover from the
employer court costs and reasonable attorney's fees.
(c) A court that finds that an employer knowingly violated
the heat illness prevention standards adopted under this chapter
shall award exemplary damages in an amount equal to three times the
amount of compensatory damages awarded to the employee.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, but not later than October 1, 2025, the Texas
Workforce Commission shall appoint the advisory board members to
the heat illness prevention advisory board established under
Section 53.003, Labor Code, as added by this Act.
(b) Not later than January 1, 2026, the heat illness
prevention advisory board shall submit to the Texas Workforce
Commission the recommended workplace heat illness prevention
standards the board develops under Section 53.003(c), Labor Code,
as added by this Act.
(c) Not later than March 1, 2026, the Texas Workforce
Commission shall:
(1) adopt heat illness prevention standards as
required by Section 53.004, Labor Code, as added by this Act; and
(2) prescribe the employer notice required by Section
53.005, Labor Code, as added by this Act.
SECTION 3. An employer is not required to comply with
Chapter 53, Labor Code, as added by this Act, before March 1, 2026.
SECTION 4. (a) The change in law made by this Act applies
only to an unlawful employment practice that occurs on or after
March 1, 2026.
(b) The change in law made by this Act applies only to a
cause of action that accrues on or after March 1, 2026.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.