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