By: Eckhardt, et al. S.B. No. 69               A BILL TO BE ENTITLED   AN ACT   relating to paid rest breaks for construction employees of   construction contractors and subcontractors; providing an   administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by   adding Chapter 83 to read as follows:   CHAPTER 83. PAID REST BREAKS FOR CONSTRUCTION EMPLOYEES          Sec. 83.001.  DEFINITIONS. In this chapter:                (1)  "Commission" means the Texas Workforce   Commission.                (2)  "Construction employee" means an individual paid   by a construction employer to perform general construction work or   services.                (3)  "Construction employer" means a contractor or   subcontractor who employs one or more construction employees in   this state.                (4)  "Contractor" means a person, firm, or corporation   contracting for general construction.                (5)  "General construction" means the:                      (A)  erection of or preparation to erect a   structure;                      (B)  remodeling, extension, repair, or demolition   of a structure; or                      (C)  other improvement of real property or a   structure related to real property.                (6)  "Rest break" means a break from work during work   hours. The term does not include a regular meal break period   provided to a construction employee by a construction employer.                (7)  "Subcontractor" means a person, firm, or   corporation contracting with a contractor for general   construction.          Sec. 83.002.  PAID REST BREAKS REQUIRED. (a) A construction   employer shall provide at least a 15-minute paid rest break for   every four hours of work to each construction employee.          (b)  The construction employer may not require the paid rest   break to be taken as part of a separate meal break.          Sec. 83.003.  NOTICE TO CONSTRUCTION EMPLOYEES. (a) Each   construction employer shall, at the time of hiring, provide notice   in both English and Spanish to each construction employee:                (1)  of the employee's entitlement to paid rest breaks   under this chapter;                (2)  that retaliation by the employer against the   employee for requesting or taking paid rest breaks to which the   employee is entitled under this chapter is prohibited; and                (3)  that the employee has a right to file a complaint   with the commission for any violation of this chapter.          (b)  A construction employer may comply with this section by   displaying a poster in a conspicuous place, accessible to   construction employees, at the employer's place of business and at   the applicable construction work site that contains the information   required by this section in both English and Spanish.          (c)  The commission by rule shall prescribe the design and   content of the sign described by Subsection (b).          Sec. 83.004.  RETALIATION PROHIBITED. A construction   employer may not take retaliatory personnel action or otherwise   discriminate against a construction employee because the employee:                (1)  requests or takes paid rest breaks in accordance   with this chapter; or                (2)  files a complaint with the commission alleging the   employer's violation of this chapter.          Sec. 83.005.  COMPLAINT; HEARING; PENALTY. (a) Any   construction employee aggrieved by a violation of this chapter may   file a claim with the commission in the manner prescribed by   Subchapter D, Chapter 61. Except as otherwise provided by this   chapter, the commission shall investigate and dispose of the   complaint in the same manner as a wage claim under Subchapter D,   Chapter 61.          (b)  A construction employer that violates any applicable   requirement of this chapter must be provided with an opportunity to   correct the violation under Subsection (d).          (c)  The commission shall notify the construction employer   if the commission determines that the employer has violated this   chapter.          (d)  If the construction employer corrects the violation not   later than the 30th business day after the date the employer   receives notice under Subsection (c), the commission may not assess   an administrative penalty against the employer.          (e)  The commission may assess an administrative penalty   against a construction employer for a violation of this chapter   only if the employer fails to correct the violation before the 31st   business day after the date the employer receives notice that the   employer has violated this chapter.          (f)  The commission may award the construction employee all   appropriate relief, including rehiring or reinstatement to the   employee's previous job, payment of back wages, and reestablishment   of employee benefits for which the employee otherwise would have   been eligible if the employee had not been subject to retaliatory   personnel action or other discrimination.          (g)  A party may appeal a final decision of the commission in   the manner prescribed by Section 61.062.          SECTION 2.  Chapter 83, Labor Code, as added by this Act,   applies only to a violation that occurs on or after the effective   date of this Act.          SECTION 3.  This Act takes effect on the 91st day after the   last day of the legislative session.