By Culberson H.B. No. 2342
76R6781 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the repeal of certain prevailing wage requirements
1-3 regarding payment for services under certain contracts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 497.058, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 497.058. EMPLOYEE [PREVAILING] WAGE. [(a)] The
1-8 authority by rule shall require that inmate employees at each
1-9 private sector prison industries program are paid at a wage [not
1-10 less than the prevailing wage as] computed by the authority. The
1-11 [, except that the] authority may permit employers to pay an
1-12 employee the minimum wage for the two-month period beginning on the
1-13 date employment begins.
1-14 [(b) For the purposes of computations required by this
1-15 section:]
1-16 [(1) the prevailing wage is the wage paid for work of
1-17 a similar nature in the location in which the work is performed;]
1-18 [(2) work of a similar nature is determined by
1-19 openings and wages by occupation data collected by the economic
1-20 research and analysis department of the Texas Workforce Commission;
1-21 and]
1-22 [(3) the location in which work is performed is the
1-23 council of government region in which the work is performed.]
1-24 SECTION 2. Section 281.052(c), Health and Safety Code, is
2-1 amended to read as follows:
2-2 (c) A construction project under this section shall be let
2-3 by contract. [The contract must contain the prevailing wage for
2-4 mechanics, laborers, and other persons employed in the project.
2-5 The Tarrant County Commissioners Court shall set the prevailing
2-6 wage in the amount set by the commissioners court for all
2-7 construction projects involving the expenditure of county funds.]
2-8 SECTION 3. Section 101.023(c), Human Resources Code, is
2-9 amended to read as follows:
2-10 (c) The Texas Workforce Commission may contract with a
2-11 public agency or a private, nonprofit organization with experience
2-12 in managing similar programs to employ persons under this program
2-13 in providing recreation, beautification, conservation, or
2-14 restoration services, or public service employment positions for
2-15 state, county, city, or regional governments or school districts.
2-16 The Texas Workforce Commission may not contract with an
2-17 organization that is not a subscriber under the state workers'
2-18 compensation law or that does not pay the federal minimum wage rate
2-19 [or the prevailing wage rate for the particular job, whichever is
2-20 greater].
2-21 SECTION 4. Section 174.021, Local Government Code, is
2-22 amended to read as follows:
2-23 Sec. 174.021. EQUIVALENT [PREVAILING WAGE AND] WORKING
2-24 CONDITIONS REQUIRED. A political subdivision that employs fire
2-25 fighters, police officers, or both, shall provide those employees
2-26 with [compensation and other] conditions of employment that are:
2-27 (1) substantially equivalent to the [equal to
3-1 compensation and other] conditions of employment that occur
3-2 [prevail] in comparable employment in the private sector; and
3-3 (2) based on [prevailing] private sector [compensation
3-4 and] conditions of employment in [the labor market area in] other
3-5 jobs that require the same or similar skills, ability, and training
3-6 and may be performed under the same or similar conditions.
3-7 SECTION 5. The following laws are repealed:
3-8 (1) Section 481.155(d), Government Code;
3-9 (2) Chapter 2258, Government Code;
3-10 (3) Section 263.053(d), Local Government Code; and
3-11 (4) Section 2(e), Chapter 805, Acts of the 66th
3-12 Legislature, Regular Session, 1979 (Article 1269j-5.3, Vernon's
3-13 Texas Civil Statutes).
3-14 SECTION 6. This Act takes effect September 1, 1999, and
3-15 applies only to a contract entered into on or after that date. A
3-16 contract entered into before that date is governed by the law in
3-17 effect on the date that the contract was entered into, and the
3-18 former law is continued in effect for that purpose.
3-19 SECTION 7. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.