By: Flores H.B. No. 4673       A BILL TO BE ENTITLED   AN ACT   relating to certain heat safety protections; providing   administrative and civil penalties.          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. HEAT SAFETY          Sec. 53.001.  DEFINITIONS. In this section:                (1)  "Commission" means the Texas Workforce   Commission.                (2)  "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   heat stroke.                (3)  "Heat safety expert" means a person that:                      (A)  possesses a certification or educational   degree in public health, medicine, occupational safety,   environmental science, human physiology, or a related field; and                      (B)  performs work focused on heat safety in the   workplace.          Sec. 53.002.  APPLICABILITY. This chapter applies to the   mitigation and control of risks related to heat illness, regardless   of the location of employment, type of employment, or type of   employer.          Sec. 53.003.  HEAT ILLNESS PREVENTION ADVISORY BOARD;   STANDARDS. (a) The commission shall appoint an advisory board   consisting of the following seven members:                (1)  two heat safety experts;                (2)  two persons employed as construction workers;                (3)  one employer;                (4)  one representative of a non-profit organization   engaged in worker safety issues; and                (5)  one representative of a construction worker labor   union.          (b)  The advisory board appointed under this section shall   develop and recommend heat illness prevention standards consistent   with this chapter and designed to protect employees from heat   illness in indoor and outdoor work. The commission shall review and   adopt the standards recommended by the advisory board under this   section for use by employers to the extent that the standards are   consistent with this chapter and other applicable law.          (c)  The standards recommended by the advisory board and   adopted by the commission under this section must:                (1)  be developed in a manner consistent with "Criteria   for a Recommended Standard: Occupational Exposure to Heat and Hot   Environments" published by the National Institute for Occupational   Safety and Health;                (2)  include requirements related to the provision of   drinking water, access to nearby shade or climate-controlled   environments, access to nearby restrooms and handwashing stations,   rest periods, effective emergency response procedures,   acclimatization to working in heat, training procedures for   employees and supervisors, and related standards for protection   against heat illness; and                (3)  include mandatory administrative penalties of not   less than $1,000 per violation per employee for an employer's   failure to comply with heat illness prevention standards adopted   under this section, to be assessed and administered by the   commission.          Sec. 53.004.  SIGNAGE REQUIRED. (a) The commission shall   produce signage in English, Spanish, Vietnamese, and any other   languages that the commission determines to be appropriate   outlining:                (1)  the heat illness prevention standards adopted by   the commission under this chapter; and                (2)  an employee's rights under this chapter.          (b)  The commission shall make the signage available for free   download by employers and the public on the commission's website.          (c)  An employer shall post a copy of the signage described   by this section at its place of business in a place accessible by   the employer's employees.          Sec. 53.005.  EMPLOYEE TRAINING REQUIRED. An employer is   required to provide training to each of its employees about the heat   illness prevention standards adopted under this chapter as they   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. 53.006.  UNLAWFUL EMPLOYMENT PRACTICE. An employer   commits an unlawful employment practice under this chapter if the   employer retaliates or discriminates against an employee that:                (1)  experiences heat illness;                (2)  reports heat illness or a violation of this   chapter or other applicable standards to their employer;                (3)  files a complaint with the Texas Workforce   Commission;                (4)  files a lawsuit; or                (5)  testifies, assists, or participates in any manner   in an investigation, proceeding, or hearing under this chapter.          Sec. 53.007.  LIABILITY. (a) In addition to any   administrative penalties assessed under this chapter, an employee   is entitled to a private right of action in a court of appropriate   jurisdiction for an employer's failure to comply with heat illness   prevention standards adopted under this chapter. An employee is   not required to exhaust applicable alternative administrative   remedies before pursuing a private right of action under this   section.          (b)  An employee that prevails in an action against an   employer under this section is entitled to recover from the   employer all court costs and reasonable attorney fees related to   the action.          (c)  If the court presiding over an action filed by an   employee under this section finds that an employer knowingly   violated the heat illness prevention standards adopted under this   chapter, the court shall award the employee an amount equal to   triple the amount of damages otherwise due to the employee.          Sec. 53.008.  DEADLINES FOR CERTAIN ACTIONS. (a) The   commission shall appoint the advisory board described by Section   53.003 as soon as reasonably possible after the effective date of   this Act, but not later than October 1, 2023.          (b)  The advisory board shall submit recommended standards   to the commission under Section 53.003 not later than January 1,   2024.          (c)  The commission shall adopt and publish the standards   described by Section 53.003 not later than March 1, 2024.          (d)  This section expires and is repealed on January 1, 2025.          SECTION 2.  Chapter 53, Labor Code, as added by this Act,   applies only to work performed on or after the adoption and   publication of the standards described by Section 53.003, Labor   Code, as added by this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all 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, 2023.