Bill Text: TX HB182 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to rest breaks for employees of certain governmental entity contractors; providing an administrative penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB182 Detail]
Download: Texas-2025-HB182-Introduced.html
| 89R4980 SCF-F | ||
| By: Meza | H.B. No. 182 | |
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| 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. | ||
