bill requiring water breaks on public construction jobs

The text as introduced · 613 words

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.