By Culberson                                     H.B. No. 557

      75R1755 PAM-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 281.052(c), Health and Safety Code, is

 1-6     amended to read as follows:

 1-7           (c)  A construction project under this section shall be let

 1-8     by contract.  [The contract must contain the prevailing wage for

 1-9     mechanics, laborers, and other persons employed in the project.

1-10     The Tarrant County Commissioners Court shall set the prevailing

1-11     wage in the amount set by the commissioners court for all

1-12     construction projects involving the expenditure of county funds.]

1-13           SECTION 2.  Section 101.023(c), Human Resources Code, is

1-14     amended to read as follows:

1-15           (c)  The Texas Workforce Commission may contract with a

1-16     public agency or a private, nonprofit organization with experience

1-17     in managing similar programs to employ persons under this program

1-18     in providing recreation, beautification, conservation, or

1-19     restoration services, or public service employment positions for

1-20     state, county, city, or regional governments or school districts.

1-21     The Texas Workforce Commission may not contract with an

1-22     organization that is not a subscriber under the state workers'

1-23     compensation law or that does not pay the federal minimum wage rate

1-24     [or the prevailing wage rate for the particular job, whichever is

 2-1     greater].

 2-2           SECTION 3.  Section 174.021, Local Government Code, is

 2-3     amended to read as follows:

 2-4           Sec. 174.021.  EQUIVALENT [PREVAILING WAGE AND] WORKING

 2-5     CONDITIONS REQUIRED.  A political subdivision that employs fire

 2-6     fighters, police officers, or both, shall provide those employees

 2-7     with [compensation and other] conditions of employment that are:

 2-8                 (1)  substantially equivalent to the [equal to

 2-9     compensation and other] conditions of employment that occur

2-10     [prevail] in comparable employment in the private sector; and

2-11                 (2)  based on [prevailing] private sector [compensation

2-12     and] conditions of employment in [the labor market area in] other

2-13     jobs that require the same or similar skills, ability, and training

2-14     and may be performed under the same or similar conditions.

2-15           SECTION 4.  The following laws are repealed:

2-16                 (1)  Section 263.053(d), Local Government Code;

2-17                 (2)  Section 2(e), Chapter 805, Acts of the 66th

2-18     Legislature, Regular Session, 1979 (Article 1269j-5.3, Vernon's

2-19     Texas Civil Statutes); and

2-20                 (3)  Chapter 2258, Government Code.

2-21           SECTION 5.  This Act takes effect September 1, 1997, and

2-22     applies only to a contract entered into by a public body on or

2-23     after that date.  A contract entered into before that date is

2-24     governed by the law in effect on the date that the contract was

2-25     entered into, and the former law is continued in effect for that

2-26     purpose.

2-27           SECTION 6.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

 3-3     constitutional rule requiring bills to be read on three several

 3-4     days in each house be suspended, and this rule is hereby suspended.