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A BILL TO BE ENTITLED
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AN ACT
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relating to required rest and meal breaks for certain employees; |
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authorizing an administrative assessment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Labor Code, is amended by |
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adding Chapter 53 to read as follows: |
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CHAPTER 53. REQUIRED REST AND MEAL BREAKS |
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Sec. 53.001. PAID REST BREAK REQUIRED. (a) An employer |
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shall provide to each employee a paid rest break of at least 10 |
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minutes for every 3.5 hours of work. |
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(b) The employer may not require the paid rest break to be |
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taken as part of a separate meal break. |
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Sec. 53.002. MEAL BREAK REQUIRED. An employer shall |
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provide to each employee a meal break of at least 30 minutes for |
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every 7.5 hours of work. |
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Sec. 53.003. EXCEPTION. This chapter does not apply to an |
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employee who: |
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(1) is the only employee on duty; or |
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(2) is covered by a collective bargaining agreement. |
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Sec. 53.004. NOTICE. (a) Each employer shall notify its |
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employees of their rights under this chapter by posting an |
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appropriately worded sign in a prominent place in the employer's |
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workplace. |
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(b) The Texas Workforce Commission by rule shall prescribe |
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the design and content of the sign required under Subsection (a). |
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Sec. 53.005. COMPLAINT; HEARING; COLLECTION OF ASSESSMENT. |
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(a) Any employee aggrieved by a violation of this chapter may file |
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a claim with the commission in the manner prescribed by Subchapter |
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D, Chapter 61. |
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(b) On receipt of a complaint, the commission shall |
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investigate and dispose of the complaint in the same manner as a |
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wage claim under Subchapter D, Chapter 61. |
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(c) An employer who is found by the commission, by a |
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preponderance of the evidence, to have violated this chapter is |
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liable to the commission for an assessment in an amount equal to the |
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employee's hourly wage rate multiplied by the number of rest breaks |
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or meal breaks to which the employee was entitled that were not |
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provided by the employer. The commission shall remit an assessment |
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collected under this subsection to the employee. |
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(d) A complaint under this section must be brought not later |
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than the 180th day after the date of the violation. |
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Sec. 53.006. RULES. The commission shall adopt rules as |
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necessary to implement this chapter. |
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SECTION 2. Section 203.202(a), Labor Code, is amended to |
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read as follows: |
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(a) Money in the special administration fund may be spent in |
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accordance with this subtitle and may be used: |
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(1) to pay the cost of reimbursing the benefit account |
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in the compensation fund for benefits paid to former employees of |
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this state that are based on service for this state, and the cost of |
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construction and purchase of buildings and land necessary for that |
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administration; |
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(2) in the administration of Chapters 51, 61, [and] |
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62, and 53; |
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(3) for payment of interest on advances from the |
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federal trust fund; |
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(4) as a revolving fund to cover expenditures that are |
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necessary and proper under this subtitle and for which federal |
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funds have been requested but not received, subject to the charging |
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of the expenditures against the federal funds when received; |
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(5) to refund a penalty as provided by Section |
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203.203; and |
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(6) subject to the provisions of Chapter 2107, |
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Government Code, to pay persons who contract with the commission to |
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collect delinquent unemployment taxes, penalties, and interest |
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owed under this subtitle. |
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SECTION 3. (a) Not later than December 1, 2019, the Texas |
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Workforce Commission shall: |
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(1) prescribe the design and content of the sign |
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required by Section 53.004(b), Labor Code, as added by this Act; and |
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(2) adopt rules necessary to implement Chapter 53, |
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Labor Code, as added by this Act. |
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(b) This section takes effect September 1, 2019. |
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SECTION 4. Except as provided by Section 3 of this Act, this |
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Act takes effect January 1, 2020. |