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.