HB182 - Relating to rest breaks for employees of certain governmental entity contractors; providing an administrative penalty.

  89R4980 SCF-F     By: Meza H.B. No. 182       A BILL TO BE ENTITLED   AN ACT   relating to rest breaks for employees of certain governmental   entity contractors; 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.     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.                 (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)     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)     "Rest break" means a break from work during work   hours.   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 rest break during every four-hour work period.           (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)     require, on confirmation of a violation of   Subsection (b) that is the subject of a complaint, the governmental   entity to provide to the contractor written notice of the violation   by hand delivery or certified mail;                 (3)     inform a 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 against a contractor in an amount of not less than $100 and   not more than $500 per day if a contractor or subcontractor requires   any employee to work without a rest 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 rest 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 September 1, 2025.          SECTION 3.  This Act takes effect September 1, 2025.