| |
| |
|
|
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 2252.908 to read as follows: |
|
|
Sec. 2252.908. 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 |
|
|
must 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 2252.908, 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, 2015. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |