public construction workers get paid 10-minute breaks every four hours

The text as introduced · 592 words

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.