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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain data collected by the Texas Workforce |
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Commission to determine general prevailing wage rates for certain |
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public work contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2258.022(a), Government Code, is amended |
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to read as follows: |
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(a) For a contract for a public work awarded by a political |
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subdivision of the state, the public body shall determine the |
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general prevailing rate of per diem wages in the locality in which |
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the public work is to be performed for each craft or type of worker |
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needed to execute the contract and the prevailing rate for legal |
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holiday and overtime work by: |
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(1) conducting a survey of the wages received by |
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classes of workers employed on projects of a character similar to |
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the contract work in the political subdivision of the state in which |
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the public work is to be performed; [or] |
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(2) using the prevailing wage rate as determined by |
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the United States Department of Labor in accordance with the |
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Davis-Bacon Act (40 U.S.C. Section 3141 [276a] et seq.), and its |
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subsequent amendments; or |
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(3) if each county in which the public work is located |
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has a population of less than one million, using the most recent |
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data, as of the time when the political subdivision submitted the |
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public work for bids or requested proposals, compiled by the Texas |
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Workforce Commission's Labor Market and Career Information |
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Department, including occupational employment statistics wage data |
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for: |
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(A) the local workforce development area or |
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metropolitan statistical area relating to the locality in which the |
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public work is performed; or |
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(B) the state, but only if there is no data |
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available for the relevant local workforce development area or the |
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metropolitan statistical area for the specific occupation, as |
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classified by the United States Office of Management and Budget in |
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the North American Industry Classification System, for which data |
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is sought. |
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SECTION 2. The change in law made by this Act applies only |
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to a public work contract entered into or renewed on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |