89R4495 SCF-F

By: Zwiener H.B. No. 2870

A BILL TO BE ENTITLED

AN ACT

relating to water breaks for construction employees of contractors contracting 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 2252.911 to read as follows:

Sec. 2252.911. WATER BREAKS REQUIRED FOR CONSTRUCTION EMPLOYEES UNDER CONTRACTS WITH GOVERNMENTAL ENTITIES. (a) In this section:

(1) "Construction contract" means a contract or agreement for the performance of general construction.

(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, and related structure;

(B) remodeling, extending, repairing, or demolishing a structure; or

(C) otherwise improving real property or a structure on real property.

(5) "Governmental entity" means:

(A) a board, commission, department, office, or other agency in the executive branch of state government; or

(B) a political subdivision of this state, including a municipality, county, public school district, or special-purpose district or authority.

(6) "Water break" means a break during work hours for an employee to consume water. The term does not include a regular meal period a contractor or subcontractor provides to an employee.

(b) A governmental entity contracting with a contractor shall require the contractor and any subcontractor to provide to each employee performing work under the contract at least a 10-minute paid water break during every four-hour work period. A contractor or subcontractor is not required to provide water to an employee during a water break required under this section.

(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 water break in violation of Subsection (b) to submit a verbal or written complaint to the governmental entity contracting with the contractor;

(2) require, on confirmation of a violation of Subsection (b) as alleged in the complaint, the governmental entity to provide to the contractor written notice of the violation by hand delivery or certified mail;

(3) inform the contractor the governmental entity is authorized to 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) state that an imposed penalty amount may be withheld from a payment otherwise owed to a contractor under the contract.

(d) In accordance with a construction contract governed by this section, the governmental entity may impose an administrative penalty in an amount of not less than $100 and not more than $500 per day if a contractor requires any employee to work without a water break in violation of Subsection (b). A proceeding under this section to impose an administrative penalty is a contested case under Chapter 2001.

(e) Each governmental entity shall develop procedures for the administration of this section.

(f) This section does not preempt a local ordinance, rule, or other measure a political subdivision of this state adopts requiring water breaks in accordance with a construction contract that is compatible with and equal to or more stringent than the provisions of this section.

SECTION 2. Section 2252.911, 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 the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.