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  83R1415 VOO-F
 
  By: Raymond H.B. No. 731
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to rest breaks for employees of certain contractors 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 2252.907 to read as follows:
         Sec. 2252.907.  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 for a
  governmental entity.
               (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)  this state; and
                     (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 break period
  provided to an employee by a contractor or subcontractor.
         (b)  A governmental entity contracting with a contractor
  shall require:
               (1)  the contractor and any subcontractor to provide at
  least a 15-minute paid rest break for every four hours of work to
  each employee performing work under the contract; and
               (2)  that employees performing work under the contract
  not work more than three hours and 30 minutes without a rest break.
         (c)  Each construction contract with a governmental entity
  shall 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)  explain that, on confirmation of a violation of
  Subsection (b) that is the subject of a complaint, the governmental
  entity shall provide to the contractor written notice of the
  violation by hand delivery or certified mail;
               (3)  inform a contractor that the governmental entity
  may 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)  explain that a penalty amount may be withheld from
  a payment otherwise owed to a contractor under a construction
  contract.
         (d)  The amount of a penalty imposed under Subsection (c)(3)
  is $100 per day for each employee who is required to work without a
  rest break in violation of Subsection (b).
         (e)  Each governmental entity shall develop procedures for
  the administration of this section.
         SECTION 2.  Section 2252.907, 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, 2013.
         SECTION 3.  This Act takes effect September 1, 2013.