Flores Heat Bill Puts A $1,000 Daily Floor On Violations

The text as introduced · 1,201 words

89R2370 KKR-F

By: Flores
H.B. No. 446

A BILL TO BE ENTITLED

AN ACT

relating to workplace heat illness prevention, including the

creation of a heat illness prevention advisory board; imposing

administrative penalties; providing a private cause of action.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 2, Labor Code, is amended by

adding Chapter 53 to read as follows:

CHAPTER 53. WORKPLACE HEAT SAFETY

Sec. 53.001. DEFINITIONS. In this chapter:

(1) "Advisory board" means the heat illness prevention

advisory board established under Section 53.003.

(2) "Commission" means the Texas Workforce

Commission.

(3) "Employer" means a person who employs one or more

employees.

(4) "Heat illness" means a serious medical condition

resulting from the body's inability to cope with a particular heat

load and includes heat cramps, heat exhaustion, heat syncope, and

heatstroke.

(5) "Heat safety expert" means an individual who:

(A) holds a certification or educational degree

in environmental science, human physiology, medicine, occupational

safety, public health, or a related field; and

(B) performs work focused on heat safety in the

workplace.

Sec. 53.002. APPLICABILITY. This chapter applies to all

employers in this state, regardless of the location of employment,

type of employment, or size or type of employer.

Sec. 53.003. HEAT ILLNESS PREVENTION ADVISORY BOARD. (a) A

heat illness prevention advisory board is established to assist the

commission in adopting heat illness prevention standards under this

chapter.

(b) The advisory board consists of the following members

appointed by the commission:

(1) two members who are heat safety experts;

(2) two members who are employed as construction

workers;

(3) one member who is an employer;

(4) one member who is a representative of a nonprofit

organization engaged in worker safety issues; and

(5) one member who is a representative of construction

worker labor unions.

(c) The advisory board shall develop and recommend to the

commission heat illness prevention standards, consistent with this

chapter, that are designed to protect employees from heat illness

in indoor and outdoor worksites.

Sec. 53.004. HEAT ILLNESS PREVENTION STANDARDS. (a) The

commission by rule shall adopt heat illness prevention standards.

In adopting the standards, the commission shall give full

consideration to the recommendations the advisory board makes under

Section 53.003(c).

(b) The heat illness prevention standards must:

(1) be consistent with the standards and

recommendations relating to heat and workforce safety contained in

the Criteria for a Recommended Standard: Occupational Exposure to

Heat and Hot Environments published by the National Institute for

Occupational Safety and Health, as those standards and

recommendations existed on January 1, 2025; and

(2) include:

(A) requirements for providing:

(i) drinking water;

(ii) access to nearby shade or

climate-controlled environments, restrooms, and handwashing

stations; and

(iii) rest periods;

(B) standards for effective emergency response

procedures;

(C) standards for heat acclimatization;

(D) training on heat and workforce safety for

employees and supervisors; and

(E) other related standards for protecting

workers from heat illness.

Sec. 53.005. NOTICE TO EMPLOYEES. (a) Each employer shall

post in a conspicuous place accessible to employees the notice the

commission prescribes under Subsection (b) at:

(1) the employer's place of business; and

(2) if applicable, each worksite at which employees

perform job duties for the employer.

(b) The commission shall prescribe the form and content of

the employer notice required by Subsection (a) and make the notice

available on the commission's Internet website. The notice must:

(1) be in English, Spanish, Vietnamese, and any other

language the commission determines appropriate; and

(2) outline:

(A) the heat illness prevention standards the

commission adopts under this chapter; and

(B) employees' rights under this chapter.

Sec. 53.006. EMPLOYEE TRAINING REQUIRED. Each employer

shall provide training to the employer's employees about the

commission's heat illness prevention standards as the standards

relate to employees, supervisors, and employers. The training,

including any related written materials, must be provided to each

employee in a language that the employee understands.

Sec. 53.007. UNLAWFUL EMPLOYMENT PRACTICE. An employer

commits an unlawful employment practice under this chapter if the

employer retaliates or discriminates against an employee who:

(1) experiences heat illness in the workplace;

(2) reports to the employer an instance of heat

illness or a violation of this chapter or other applicable

standards;

(3) files a complaint with the commission related to a

violation of this chapter or rules adopted under this chapter;

(4) files an action related to a violation of this

chapter or rules adopted under this chapter; or

(5) testifies, assists, or participates in any manner

in an investigation, proceeding, or hearing under this chapter.

Sec. 53.008. ADMINISTRATIVE PENALTY. The commission shall

assess an administrative penalty in an amount that is not less than

$1,000 against an employer for each violation of this chapter or a

rule adopted under this chapter. Each day a violation continues or

occurs is a separate violation for purposes of imposing a penalty.

Sec. 53.009. CIVIL LIABILITY. (a) In addition to any

administrative penalty assessed under this chapter, an employer is

liable in a civil action for personal injury, death, or other

damages caused by the employer's failure to comply with the heat

illness prevention standards the commission adopts. An employee is

not required to exhaust any applicable administrative remedies

before filing an action under this section.

(b) An employee who prevails in an action against an

employer under this section is entitled to recover from the

employer court costs and reasonable attorney's fees.

(c) A court that finds that an employer knowingly violated

the heat illness prevention standards adopted under this chapter

shall award exemplary damages in an amount equal to three times the

amount of compensatory damages awarded to the employee.

SECTION 2. (a) As soon as practicable after the effective

date of this Act, but not later than October 1, 2025, the Texas

Workforce Commission shall appoint the advisory board members to

the heat illness prevention advisory board established under

Section 53.003, Labor Code, as added by this Act.

(b) Not later than January 1, 2026, the heat illness

prevention advisory board shall submit to the Texas Workforce

Commission the recommended workplace heat illness prevention

standards the board develops under Section 53.003(c), Labor Code,

as added by this Act.

(c) Not later than March 1, 2026, the Texas Workforce

Commission shall:

(1) adopt heat illness prevention standards as

required by Section 53.004, Labor Code, as added by this Act; and

(2) prescribe the employer notice required by Section

53.005, Labor Code, as added by this Act.

SECTION 3. An employer is not required to comply with

Chapter 53, Labor Code, as added by this Act, before March 1, 2026.

SECTION 4. (a) The change in law made by this Act applies

only to an unlawful employment practice that occurs on or after

March 1, 2026.

(b) The change in law made by this Act applies only to a

cause of action that accrues on or after March 1, 2026.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.