Bill Text: TX SB475 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to safety training for employees performing construction work under a contract with a governmental entity; providing administrative penalties.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-02-06 - Referred to Business & Commerce [SB475 Detail]
Download: Texas-2017-SB475-Introduced.html
| 85R5469 DDT-F | ||
| By: Rodríguez, Garcia | S.B. No. 475 | |
|
|
||
|
|
||
| relating to safety training for employees performing construction | ||
| work under a contract with a governmental entity; providing | ||
| administrative penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 2252, Government Code, is | ||
| amended by adding Section 2252.902 to read as follows: | ||
| Sec. 2252.902. SAFETY TRAINING REQUIRED FOR EMPLOYEES | ||
| PERFORMING CONSTRUCTION WORK UNDER CONTRACTS WITH GOVERNMENTAL | ||
| ENTITIES. (a) In this section: | ||
| (1) "Advanced construction safety training" means a | ||
| construction and general industry safety training class approved by | ||
| the federal Occupational Safety and Health Administration that is | ||
| at least 30 hours in duration. | ||
| (2) "Construction contract" means a contract or | ||
| agreement for the performance of general construction for a | ||
| governmental entity. | ||
| (3) "Construction safety training" means a | ||
| construction and general industry safety training class approved by | ||
| the federal Occupational Safety and Health Administration that is | ||
| at least 10 hours in duration. | ||
| (4) "Contractor" means a person, firm, or corporation | ||
| contracting with a governmental entity for general construction. | ||
| (5) "Employee" means an individual paid by a | ||
| contractor or subcontractor to perform general construction work or | ||
| services. | ||
| (6) "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. | ||
| (7) "Governmental entity" means: | ||
| (A) this state; and | ||
| (B) a political subdivision of this state, | ||
| including a municipality, county, public school district, or | ||
| special-purpose district or authority. | ||
| (8) "Subcontractor" means a person, firm, or | ||
| corporation contracting with a contractor for general | ||
| construction. | ||
| (b) To the extent consistent with federal law, a | ||
| governmental entity that enters into a construction contract must | ||
| require that the contractor ensure that all employees working on | ||
| the general construction site that is the subject of the | ||
| construction contract have completed construction safety training. | ||
| Before an employee works on the general construction site, the | ||
| contractor must receive and provide to the governmental entity a | ||
| certificate of training completion for the employee. | ||
| (c) To the extent consistent with federal law, a | ||
| governmental entity that enters into a construction contract must | ||
| require that the contractor ensure that at least one supervisor | ||
| working on the general construction site that is the subject of the | ||
| construction contract has completed advanced construction safety | ||
| training. Before work begins on the general construction site, the | ||
| contractor must receive from at least one supervisor a certificate | ||
| of training completion and provide the certificate to the | ||
| governmental entity. | ||
| (d) A governmental entity that enters into a construction | ||
| contract shall include in the contract notice and penalty | ||
| provisions that: | ||
| (1) require the governmental entity to provide the | ||
| contractor with written notice, hand delivered or by certified | ||
| mail, of a violation of Subsection (b) or (c) by the contractor; | ||
| (2) require the contractor to comply with Subsection | ||
| (b) or (c), as applicable, by the 20th day after the date the | ||
| contractor receives any notice of noncompliance; | ||
| (3) inform a contractor that the governmental entity | ||
| may impose an administrative penalty if the contractor fails to | ||
| comply with Subsection (b) or (c), as applicable, after the 20th day | ||
| after the date the contractor receives any notice of noncompliance; | ||
| and | ||
| (4) explain that a penalty amount may be withheld from | ||
| a payment otherwise owed to the contractor under the construction | ||
| contract. | ||
| (e) The amount of a penalty imposed under Subsection (d)(3) | ||
| is $100 per day for each employee working in noncompliance. | ||
| (f) Each governmental entity shall develop procedures for | ||
| the administration of this section. | ||
| SECTION 2. Section 2252.902, 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, 2017. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
