By: Truan, Lucio S.B. No. 350
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to wage rates paid by or on behalf of certain school
1-3 districts on public works projects.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 44, Education Code, is
1-6 amended by adding Section 44.043 to read as follows:
1-7 Sec. 44.043. AUTHORITY TO REQUIRE LIVING WAGE RATE.
1-8 (a) This section applies only if:
1-9 (1) the school district is located primarily in a
1-10 county any part of which is located within 50 miles of an
1-11 international border; and
1-12 (2) the general prevailing rate of per diem wages for
1-13 work of a similar character in the locality in which the work is
1-14 performed, as determined in accordance with Section 2258.022,
1-15 Government Code, is less than the rate of per diem wages that would
1-16 amount to annual compensation equal to the federal poverty level
1-17 for a family of four based on the federal Office of Management and
1-18 Budget poverty index.
1-19 (b) A school district may require that a worker employed on
1-20 a public work by or on behalf of the district be paid not less
1-21 than:
1-22 (1) for work other than legal holiday or overtime
1-23 work, the rate of per diem wages that would amount to annual
1-24 compensation equal to the federal poverty level for a family of
1-25 four based on the federal Office of Management and Budget poverty
2-1 index; and
2-2 (2) for legal holiday or overtime work, the greater
2-3 of:
2-4 (A) the rate described by Subdivision (1); or
2-5 (B) the general prevailing rate of per diem
2-6 wages for that work, as determined in accordance with Section
2-7 2258.022, Government Code.
2-8 (c) Subsection (b) does not apply to maintenance work.
2-9 (d) A worker is employed on a public work for the purposes
2-10 of this section if the worker is employed by a contractor or
2-11 subcontractor in the execution of a contract for the public work
2-12 with the school district or any officer or public body of the
2-13 school district.
2-14 (e) The school district shall determine the rate of per diem
2-15 wages described by Subsection (b)(1) as a sum certain, expressed in
2-16 dollars and cents.
2-17 (f) The school district shall specify in the call for bids
2-18 for the contract and in the contract itself the wage rates required
2-19 by the district under this section.
2-20 (g) A contractor who is awarded a contract by a school
2-21 district that requires a wage rate under this section or a
2-22 subcontractor of the contractor shall pay to a worker employed by
2-23 the contractor or subcontractor in the execution of the contract
2-24 not less than the wage rate required by the district.
2-25 (h) A school district that requires a wage rate under this
2-26 section may provide in a contract for a public work that a
3-1 contractor or subcontractor who does not comply with the required
3-2 wage rate is liable to the school district for a penalty in an
3-3 amount specified in the contract. The penalty may not exceed the
3-4 amount of $60 for each worker employed for each calendar day or
3-5 part of the day that the worker is paid less than the required wage
3-6 rate.
3-7 (i) A contractor or subcontractor does not violate this
3-8 section if the school district does not specify the required wage
3-9 rate in the contract as provided by Subsection (f).
3-10 SECTION 2. This Act applies only to wage rates paid under a
3-11 contract entered into on or after September 1, 2001. Wage rates
3-12 paid under a contract entered into before September 1, 2001, are
3-13 governed by the law in effect at the time the contract was entered
3-14 into, and that law is continued in effect for that purpose.
3-15 SECTION 3. This Act takes effect September 1, 2001.