88S30445 SCP-F
	By: Zwiener	H.B. No. 97

Statutes affected:
Introduced: ()

	A BILL TO BE ENTITLED
	AN ACT
	relating to water breaks for employees of certain contractors 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 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)  "Water break" means a break from work during work
	hours for an employee to consume water.  The term does not include a
	regular meal break period provided to an employee by a contractor or
	subcontractor.
	(b)  A governmental entity contracting with a contractor
	shall require the contractor and any subcontractor to provide at
	least a 10-minute paid water break within every four-hour period of
	work to each employee performing work under the contract.  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 make a verbal or written complaint to the
	governmental entity contracting with the contractor;
	(2)  explain that, on confirmation of a violation of
	Subsection (b) that is the subject of a complaint, the governmental
	entity shall provide to the contractor written notice of the
	violation by hand delivery or certified mail;
	(3)  inform a contractor that the governmental entity
	may 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)  explain that a 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 any employee is required 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 adopted by a political subdivision of this state
	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.