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A BILL TO BE ENTITLED
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AN ACT
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relating to safety training for employees of certain contractors |
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with a governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.907 to read as follows: |
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Sec. 2252.907. SAFETY TRAINING REQUIRED FOR EMPLOYEES |
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BEFORE PERFORMING CONSTRUCTION WORK UNDER CONTRACTS WITH |
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GOVERNMENTAL ENTITIES. (a) In this section: |
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(1) "Construction contract" means a contract or |
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agreement for the performance of general construction for a |
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governmental entity. |
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(2) "Construction safety training" means a |
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construction and general industry safety training class approved by |
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the federal Occupational Safety and Health Administration that is |
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at least 10 hours in duration. |
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(3) "Contractor" means a person, firm, or corporation |
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contracting with a governmental entity for general construction. |
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(4) "Employee" means an individual paid by a |
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contractor or subcontractor to perform general construction work or |
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services. |
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(5) "General construction" means: |
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(A) erecting or preparing to erect a structure, |
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including a building, bridge, roadway, public utility facility, or |
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related structure; |
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(B) remodeling, extending, repairing, or |
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demolishing a structure; or |
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(C) otherwise improving real property or a |
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structure related to real property. |
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(6) "Governmental entity" means: |
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(A) this state; and |
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(B) a political subdivision of this state, |
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including a municipality, county, public school district, or |
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special-purpose district or authority. |
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(7) "Subcontractor" means a person, firm, or |
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corporation contracting with a contractor for general |
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construction. |
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(b) To the extent consistent with federal law, a |
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governmental entity that enters into a construction contract must |
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require that the contractor ensure that all employees working on |
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the general construction site that is the subject of the |
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construction contract have completed construction safety training. |
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Before an employee works on the general construction site, the |
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contractor must receive and provide to the governmental entity a |
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certificate of training completion for the employee. |
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(c) A governmental entity that enters into a construction |
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contract shall include in the contract notice and penalty |
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provisions that: |
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(1) require the governmental entity to provide the |
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contractor with written notice, hand delivered or by certified |
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mail, of a violation of Subsection (b) by the contractor; |
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(2) require the contractor to comply with Subsection |
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(b) by the 20th day after the date the contractor receives any |
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notice of noncompliance with that subsection; |
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(3) inform a contractor that the governmental entity |
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may impose an administrative penalty if the contractor fails to |
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comply with Subsection (b) after the 20th day after the date the |
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contractor receives notice of noncompliance with that subsection; |
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and |
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(4) explain that a penalty amount may be withheld from |
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a payment otherwise owed to the contractor under the construction |
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contract. |
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(d) The amount of a penalty imposed under Subsection (c)(3) |
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is $100 per day for each employee working in noncompliance. |
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(e) Each governmental entity shall develop procedures for |
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the administration of this section. |
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SECTION 2. Section 2252.907, Government Code, as added by |
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this Act, applies only to a contract for which the solicitation of |
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qualifications, proposals, or other similar expressions of |
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interest is published on or after September 1, 2013. |
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SECTION 3. This Act takes effect September 1, 2013. |