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A BILL TO BE ENTITLED
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AN ACT
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relating to paid rest breaks for construction employees of |
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construction contractors and subcontractors; providing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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adding Chapter 83 to read as follows: |
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CHAPTER 83. PAID REST BREAKS FOR CONSTRUCTION EMPLOYEES |
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Sec. 83.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Workforce |
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Commission. |
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(2) "Construction employee" means an individual paid |
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by a construction employer to perform general construction work or |
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services. |
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(3) "Construction employer" means a contractor or |
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subcontractor who employs one or more construction employees in |
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this state. |
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(4) "Contractor" means a person, firm, or corporation |
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contracting for general construction. |
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(5) "General construction" means the: |
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(A) erection of or preparation to erect a |
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structure; |
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(B) remodeling, extension, repair, or demolition |
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of a structure; or |
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(C) other improvement of real property or a |
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structure related to real property. |
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(6) "Rest break" means a break from work during work |
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hours. The term does not include a regular meal break period |
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provided to a construction employee by a construction employer. |
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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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Sec. 83.002. PAID REST BREAKS REQUIRED. (a) A construction |
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employer shall provide at least a 15-minute paid rest break for |
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every four hours of work to each construction employee. |
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(b) The construction employer may not require the paid rest |
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break to be taken as part of a separate meal break. |
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Sec. 83.003. NOTICE TO CONSTRUCTION EMPLOYEES. (a) Each |
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construction employer shall, at the time of hiring, provide notice |
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in both English and Spanish to each construction employee: |
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(1) of the employee's entitlement to paid rest breaks |
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under this chapter; |
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(2) that retaliation by the employer against the |
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employee for requesting or taking paid rest breaks to which the |
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employee is entitled under this chapter is prohibited; and |
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(3) that the employee has a right to file a complaint |
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with the commission for any violation of this chapter. |
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(b) A construction employer may comply with this section by |
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displaying a poster in a conspicuous place, accessible to |
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construction employees, at the employer's place of business and at |
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the applicable construction work site that contains the information |
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required by this section in both English and Spanish. |
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(c) The commission by rule shall prescribe the design and |
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content of the sign described by Subsection (b). |
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Sec. 83.004. RETALIATION PROHIBITED. A construction |
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employer may not take retaliatory personnel action or otherwise |
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discriminate against a construction employee because the employee: |
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(1) requests or takes paid rest breaks in accordance |
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with this chapter; or |
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(2) files a complaint with the commission alleging the |
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employer's violation of this chapter. |
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Sec. 83.005. COMPLAINT; HEARING; PENALTY. (a) Any |
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construction employee aggrieved by a violation of this chapter may |
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file a claim with the commission in the manner prescribed by |
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Subchapter D, Chapter 61. Except as otherwise provided by this |
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chapter, the commission shall investigate and dispose of the |
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complaint in the same manner as a wage claim under Subchapter D, |
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Chapter 61. |
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(b) A construction employer that violates any applicable |
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requirement of this chapter must be provided with an opportunity to |
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correct the violation under Subsection (d). |
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(c) The commission shall notify the construction employer |
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if the commission determines that the employer has violated this |
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chapter. |
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(d) If the construction employer corrects the violation not |
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later than the 30th business day after the date the employer |
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receives notice under Subsection (c), the commission may not assess |
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an administrative penalty against the employer. |
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(e) The commission may assess an administrative penalty |
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against a construction employer for a violation of this chapter |
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only if the employer fails to correct the violation before the 31st |
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business day after the date the employer receives notice that the |
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employer has violated this chapter. |
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(f) The commission may award the construction employee all |
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appropriate relief, including rehiring or reinstatement to the |
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employee's previous job, payment of back wages, and reestablishment |
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of employee benefits for which the employee otherwise would have |
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been eligible if the employee had not been subject to retaliatory |
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personnel action or other discrimination. |
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(g) A party may appeal a final decision of the commission in |
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the manner prescribed by Section 61.062. |
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SECTION 2. Chapter 83, Labor Code, as added by this Act, |
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applies only to a violation that occurs on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |