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.