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A BILL TO BE ENTITLED
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AN ACT
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relating to rest breaks for employees of certain contractors with a |
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governmental entity; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.909 to read as follows: |
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Sec. 2252.909. REST BREAKS REQUIRED FOR EMPLOYEES |
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PERFORMING CONSTRUCTION WORK UNDER CONTRACTS WITH GOVERNMENTAL |
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ENTITIES. (a) In this section: |
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(1) "Construction contract" means a contract or |
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agreement for the performance of general construction. |
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(2) "Contractor" means a person, firm, or corporation |
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contracting with a governmental entity for general construction. |
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(3) "Employee" means an individual paid by a |
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contractor or subcontractor to perform general construction work or |
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services. |
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(4) "General construction" means: |
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(A) erecting or preparing to erect a structure, |
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including a building, bridge, roadway, public utility facility, or |
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related structure; |
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(B) remodeling, extending, repairing, or |
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demolishing a structure; or |
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(C) otherwise improving real property or a |
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structure related to real property. |
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(5) "Governmental entity" means: |
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(A) a board, commission, department, office, or |
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other agency in the executive branch of state government; and |
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(B) a political subdivision of this state, |
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including a municipality, county, public school district, or |
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special-purpose district or authority. |
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(6) "Rest break" means a break from work during work |
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hours. The term does not include a regular meal break period |
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provided to an employee by a contractor or subcontractor. |
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(b) A governmental entity contracting with a contractor |
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shall require the contractor and any subcontractor to provide at |
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least a 10-minute paid rest break within every four-hour period of |
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work to each employee performing work under the contract. |
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(c) Each construction contract with a governmental entity |
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must include terms that: |
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(1) authorize an employee of a contractor or |
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subcontractor required to work without a rest break in violation of |
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Subsection (b) to make a verbal or written complaint to the |
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governmental entity contracting with the contractor; |
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(2) explain that, on confirmation of a violation of |
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Subsection (b) that is the subject of a complaint, the governmental |
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entity shall provide to the contractor written notice of the |
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violation by hand delivery or certified mail; |
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(3) inform a contractor that the governmental entity |
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may impose an administrative penalty if the contractor fails to |
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comply with Subsection (b) after the date on which the contractor |
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receives notice under Subdivision (2); and |
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(4) explain that a penalty amount may be withheld from |
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a payment otherwise owed to a contractor under the contract. |
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(d) In accordance with a construction contract governed by |
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this section, the governmental entity may impose an administrative |
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penalty in an amount of not less than $100 and not more than $500 per |
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day if any employee is required to work without a rest break in |
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violation of Subsection (b). A proceeding under this section to |
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impose an administrative penalty is a contested case under Chapter |
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2001. |
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(e) Each governmental entity shall develop procedures for |
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the administration of this section. |
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(f) This section does not preempt a local ordinance, rule, |
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or other measure adopted by a political subdivision of this state |
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requiring rest breaks in accordance with a construction contract |
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that is compatible with and equal to or more stringent than the |
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provisions of this section. |
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SECTION 2. Section 2252.909, Government Code, as added by |
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this Act, applies only to a contract for which the solicitation of |
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qualifications, proposals, or other similar expressions of |
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interest is published on or after September 1, 2021. |
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SECTION 3. This Act takes effect September 1, 2021. |