By Culberson H.B. No. 702
74R1468 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the repeal of certain wage requirements regarding
1-3 payment for services under certain public contracts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 497.057, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 497.057. ON-SITE EMPLOYMENT. On-site employment for
1-8 residents under this subchapter is subject to the following
1-9 conditions:
1-10 (1) the employment must be <at a wage at least as high
1-11 as the prevailing wage for similar work in the area or community
1-12 where the work is performed, and be> in accordance with the
1-13 prevailing working conditions in the area or community;
1-14 (2) the employment may not result in the displacement
1-15 of an employed worker in the locality of the work facility;
1-16 (3) a resident eligible for work program privileges
1-17 may not be employed as a strikebreaker or to impair an existing
1-18 contract; and
1-19 (4) an eligible resident may not be exploited in any
1-20 manner, whether the exploitation affects the community, the
1-21 resident, or the institutional division.
1-22 SECTION 2. Section 281.052(c), Health and Safety Code, is
1-23 amended to read as follows:
1-24 (c) A construction project under this section shall be let
2-1 by contract. <The contract must contain the prevailing wage for
2-2 mechanics, laborers, and other persons employed in the project.
2-3 The Tarrant County Commissioners Court shall set the prevailing
2-4 wage in the amount set by the commissioners court for all
2-5 construction projects involving the expenditure of county funds.>
2-6 SECTION 3. Section 101.023(c), Human Resources Code, is
2-7 amended to read as follows:
2-8 (c) The department may contract with a public agency or a
2-9 private, nonprofit organization with experience in managing similar
2-10 programs to employ persons under this program in providing
2-11 recreation, beautification, conservation, or restoration services,
2-12 or public service employment positions for state, county, city, or
2-13 regional governments or school districts. The department may not
2-14 contract with an organization that is not a subscriber under the
2-15 state workers' compensation law or that does not pay the federal
2-16 minimum wage rate <or the prevailing wage rate for the particular
2-17 job, whichever is greater>.
2-18 SECTION 4. Section 174.021, Local Government Code, is
2-19 amended to read as follows:
2-20 Sec. 174.021. EQUIVALENT <PREVAILING WAGE AND> WORKING
2-21 CONDITIONS REQUIRED. A political subdivision that employs fire
2-22 fighters, police officers, or both, shall provide those employees
2-23 with <compensation and other> conditions of employment that are:
2-24 (1) substantially equivalent to the <equal to
2-25 compensation and other> conditions of employment that occur
2-26 <prevail> in comparable employment in the private sector; and
2-27 (2) based on <prevailing> private sector <compensation
3-1 and> conditions of employment in <the labor market area in> other
3-2 jobs that require the same or similar skills, ability, and training
3-3 and may be performed under the same or similar conditions.
3-4 SECTION 5. The following laws are repealed:
3-5 (1) Section 263.053(d), Local Government Code;
3-6 (2) Section 2(e), Chapter 805, Acts of the 66th
3-7 Legislature, Regular Session, 1979 (Article 1269j-5.3, Vernon's
3-8 Texas Civil Statutes); and
3-9 (3) Chapter 45, General Laws, Acts of the 43rd
3-10 Legislature, Regular Session, 1933 (Article 5159a, Vernon's Texas
3-11 Civil Statutes).
3-12 SECTION 6. This Act takes effect September 1, 1995, and
3-13 applies only to a contract entered into by a public body on or
3-14 after that date. A contract entered into before that date is
3-15 governed by the law in effect on the date that the contract was
3-16 entered into, and the former law is continued in effect for that
3-17 purpose.
3-18 SECTION 7. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.