89R2370 KKR-F     By: Flores H.B. No. 446       A BILL TO BE ENTITLED   AN ACT   relating to workplace heat illness prevention, including the   creation of a heat illness prevention advisory board; imposing   administrative penalties; providing a private cause of action.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 2, Labor Code, is amended by   adding Chapter 53 to read as follows:   CHAPTER 53. WORKPLACE HEAT SAFETY          Sec. 53.001.  DEFINITIONS. In this chapter:                (1)  "Advisory board" means the heat illness prevention   advisory board established under Section 53.003.                (2)  "Commission" means the Texas Workforce   Commission.                (3)  "Employer" means a person who employs one or more   employees.                (4)  "Heat illness" means a serious medical condition   resulting from the body's inability to cope with a particular heat   load and includes heat cramps, heat exhaustion, heat syncope, and   heatstroke.                (5)  "Heat safety expert" means an individual who:                      (A)  holds a certification or educational degree   in environmental science, human physiology, medicine, occupational   safety, public health, or a related field; and                      (B)  performs work focused on heat safety in the   workplace.          Sec. 53.002.  APPLICABILITY. This chapter applies to all   employers in this state, regardless of the location of employment,   type of employment, or size or type of employer.          Sec. 53.003.  HEAT ILLNESS PREVENTION ADVISORY BOARD. (a)  A   heat illness prevention advisory board is established to assist the   commission in adopting heat illness prevention standards under this   chapter.          (b)  The advisory board consists of the following members   appointed by the commission:                (1)  two members who are heat safety experts;                (2)  two members who are employed as construction   workers;                (3)  one member who is an employer;                (4)  one member who is a representative of a nonprofit   organization engaged in worker safety issues; and                (5)  one member who is a representative of construction   worker labor unions.          (c)  The advisory board shall develop and recommend to the   commission heat illness prevention standards, consistent with this   chapter, that are designed to protect employees from heat illness   in indoor and outdoor worksites.          Sec. 53.004.  HEAT ILLNESS PREVENTION STANDARDS. (a)  The   commission by rule shall adopt heat illness prevention standards.     In adopting the standards, the commission shall give full   consideration to the recommendations the advisory board makes under   Section 53.003(c).          (b)  The heat illness prevention standards must:                (1)  be consistent with the standards and   recommendations relating to heat and workforce safety contained in   the Criteria for a Recommended Standard: Occupational Exposure to   Heat and Hot Environments published by the National Institute for   Occupational Safety and Health, as those standards and   recommendations existed on January 1, 2025; and                (2)  include:                      (A)  requirements for providing:                            (i)  drinking water;                            (ii)  access to nearby shade or   climate-controlled environments, restrooms, and handwashing   stations; and                            (iii)  rest periods;                      (B)  standards for effective emergency response   procedures;                      (C)  standards for heat acclimatization;                      (D)  training on heat and workforce safety for   employees and supervisors; and                      (E)  other related standards for protecting   workers from heat illness.          Sec. 53.005.  NOTICE TO EMPLOYEES. (a)  Each employer shall   post in a conspicuous place accessible to employees the notice the   commission prescribes under Subsection (b) at:                (1)  the employer's place of business; and                (2)  if applicable, each worksite at which employees   perform job duties for the employer.          (b)  The commission shall prescribe the form and content of   the employer notice required by Subsection (a) and make the notice   available on the commission's Internet website.  The notice must:                (1)  be in English, Spanish, Vietnamese, and any other   language the commission determines appropriate; and                (2)  outline:                      (A)  the heat illness prevention standards the   commission adopts under this chapter; and                      (B)  employees' rights under this chapter.          Sec. 53.006.  EMPLOYEE TRAINING REQUIRED. Each employer   shall provide training to the employer's employees about the   commission's heat illness prevention standards as the standards   relate to employees, supervisors, and employers.  The training,   including any related written materials, must be provided to each   employee in a language that the employee understands.          Sec. 53.007.  UNLAWFUL EMPLOYMENT PRACTICE. An employer   commits an unlawful employment practice under this chapter if the   employer retaliates or discriminates against an employee who:                (1)  experiences heat illness in the workplace;                (2)  reports to the employer an instance of heat   illness or a violation of this chapter or other applicable   standards;                (3)  files a complaint with the commission related to a   violation of this chapter or rules adopted under this chapter;                (4)  files an action related to a violation of this   chapter or rules adopted under this chapter; or                (5)  testifies, assists, or participates in any manner   in an investigation, proceeding, or hearing under this chapter.          Sec. 53.008.  ADMINISTRATIVE PENALTY.  The commission shall   assess an administrative penalty in an amount that is not less than   $1,000 against an employer for each violation of this chapter or a   rule adopted under this chapter.  Each day a violation continues or   occurs is a separate violation for purposes of imposing a penalty.          Sec. 53.009.  CIVIL LIABILITY. (a)  In addition to any   administrative penalty assessed under this chapter, an employer is   liable in a civil action for personal injury, death, or other   damages caused by the employer's failure to comply with the heat   illness prevention standards the commission adopts. An employee is   not required to exhaust any applicable administrative remedies   before filing an action under this section.          (b)  An employee who prevails in an action against an   employer under this section is entitled to recover from the   employer court costs and reasonable attorney's fees.          (c)  A court that finds that an employer knowingly violated   the heat illness prevention standards adopted under this chapter   shall award exemplary damages in an amount equal to three times the   amount of compensatory damages awarded to the employee.          SECTION 2.  (a) As soon as practicable after the effective   date of this Act, but not later than October 1, 2025, the Texas   Workforce Commission shall appoint the advisory board members to   the heat illness prevention advisory board established under   Section 53.003, Labor Code, as added by this Act.          (b)  Not later than January 1, 2026, the heat illness   prevention advisory board shall submit to the Texas Workforce   Commission the recommended workplace heat illness prevention   standards the board develops under Section 53.003(c), Labor Code,   as added by this Act.          (c)  Not later than March 1, 2026, the Texas Workforce   Commission shall:                (1)  adopt heat illness prevention standards as   required by Section 53.004, Labor Code, as added by this Act; and                (2)  prescribe the employer notice required by Section   53.005, Labor Code, as added by this Act.          SECTION 3.  An employer is not required to comply with   Chapter 53, Labor Code, as added by this Act, before March 1, 2026.          SECTION 4.  (a)  The change in law made by this Act applies   only to an unlawful employment practice that occurs on or after   March 1, 2026.          (b)  The change in law made by this Act applies only to a   cause of action that accrues on or after March 1, 2026.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.