HB2870 - Relating to water breaks for construction employees of contractors contracting with a governmental entity; providing an administrative penalty.

  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.