Amend CSSB 311 (House Committee Printing) as follows:
(1) In Article 14 of the bill, insert the following
appropriately numbered sections:
SECTION 14____. Subdivision (1), Section 2258.001,
Government Code, is amended to read as follows:
(1) "Locality in which the work is performed" means:
(A) for a contract for a public work awarded by
the state, the political subdivision of the state in which the
public work is located:
(i) , which may include a county,
municipality, county and municipality, or district, except as
provided by Subparagraph (ii); and
(ii) which, in a municipality with a
population of 500,000 or more, may only include the geographic
limits of the municipality; or
(B) for a contract for a public work awarded by
a political subdivision of the state, the geographical limits of
the political subdivision.
SECTION 14.____. Section 2258.022, Government Code, is
amended to read as follows:
Sec. 2258.022. DETERMINATION OF PREVAILING WAGE RATES.
(a) For a contract for a public work awarded by a political
subdivision of the state, the <A> 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 276a et seq.), and its
subsequent amendments, if the survey used to determine that rate
was conducted within a three-year period preceding the date the
public body calls for bids for the public work.
(b) For a contract for a public work awarded by 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 as follows. The public body shall conduct a survey of the
wages received by classes of workers employed on projects of a
character similar to the contract work both statewide and in the
political subdivision of the state in which the public work is to
be performed. The public body shall also consider 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 276a et
seq.), and its subsequent amendments, but only if the survey used
to determine that rate was conducted within a three-year period
preceding the date the public body calls for bids for the public
work. The public body shall determine the general prevailing rate
of per diem wages in the locality based on the higher of:
(1) the rate determined from the survey conducted in
the political subdivision;
(2) the arithmetic mean between the rate determined
from the survey conducted in the political subdivision and the rate
determined from the statewide survey; and
(3) if applicable, the arithmetic mean between the
rate determined from the survey conducted in the political
subdivision and the rate determined by the United States Department
of Labor.
(c) The public body shall determine the general prevailing
rate of per diem wages as a sum certain, expressed in dollars and
cents.
(d) <(c)> A public body shall specify in the call for bids
for the contract and in the contract itself the wage rates
determined under this section.
(e) <(d)> The public body's determination of the general
prevailing rate of per diem wages is final.
SECTION 14.____. The changes made to Sections 2258.001 and
2258.022, Government Code, by this article, take effect September
1, 2001. The changes made apply only to determining the general
prevailing rate of per diem wages in connection with a contract for
constructing a public work awarded by the state if the state first
requests bids or proposals for its contract on or after that date.
(2) Renumber the sections of the bill accordingly.