By Truan S.B. No. 350
77R3931 KKA-D
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. The heading to Chapter 2258, Government Code, is
1-6 amended to read as follows:
1-7 CHAPTER 2258. PREVAILING AND LIVING WAGE RATES
1-8 SECTION 2. The heading to Subchapter B, Chapter 2258,
1-9 Government Code, is amended to read as follows:
1-10 SUBCHAPTER B. PAYMENT OF PREVAILING OR LIVING WAGE RATES
1-11 SECTION 3. Section 2258.021(a), Government Code, is amended
1-12 to read as follows:
1-13 (a) Except as provided by Section 2258.0211, a [A] worker
1-14 employed on a public work by or on behalf of the state or a
1-15 political subdivision of the state shall be paid:
1-16 (1) not less than the general prevailing rate of per
1-17 diem wages for work of a similar character in the locality in which
1-18 the work is performed; and
1-19 (2) not less than the general prevailing rate of per
1-20 diem wages for legal holiday and overtime work.
1-21 SECTION 4. Subchapter B, Chapter 2258, Government Code, is
1-22 amended by adding Section 2258.0211 to read as follows:
1-23 Sec. 2258.0211. AUTHORITY OF SCHOOL DISTRICT TO REQUIRE
1-24 LIVING WAGE RATE. (a) This section applies only if:
2-1 (1) the school district is located primarily in a
2-2 county any part of which is located within 50 miles of an
2-3 international border; and
2-4 (2) the general prevailing rate of per diem wages for
2-5 work of a similar character in the locality in which the work is
2-6 performed, as determined in accordance with Section 2258.022, is
2-7 less than the rate of per diem wages that would amount to annual
2-8 compensation equal to the federal poverty level for a family of
2-9 four based on the federal Office of Management and Budget poverty
2-10 index.
2-11 (b) A school district may require that a worker employed on
2-12 a public work by or on behalf of the district be paid not less
2-13 than:
2-14 (1) for work other than legal holiday or overtime
2-15 work, the rate of per diem wages that would amount to annual
2-16 compensation equal to the federal poverty level for a family of
2-17 four based on the federal Office of Management and Budget poverty
2-18 index; and
2-19 (2) for legal holiday or overtime work, the greater
2-20 of:
2-21 (A) the rate described by Subdivision (1); or
2-22 (B) the general prevailing rate of per diem
2-23 wages for that work, as determined in accordance with Section
2-24 2258.022.
2-25 (c) Subsection (b) does not apply to maintenance work.
2-26 (d) A worker is employed on a public work for the purposes
2-27 of this section if the worker is employed by a contractor or
3-1 subcontractor in the execution of a contract for the public work
3-2 with the school district or any officer or public body of the
3-3 school district.
3-4 (e) The school district shall determine the rate of per diem
3-5 wages described by Subsection (b)(1) as a sum certain, expressed in
3-6 dollars and cents.
3-7 (f) The school district shall specify in the call for bids
3-8 for the contract and in the contract itself the wage rates required
3-9 by the district under this section.
3-10 SECTION 5. Section 2258.022(c), Government Code, is amended
3-11 to read as follows:
3-12 (c) A public body, other than a school district that
3-13 requires a living wage rate in accordance with Section 2258.0211,
3-14 shall specify in the call for bids for the contract and in the
3-15 contract itself the wage rates determined under this section.
3-16 SECTION 6. Section 2258.023, Government Code, is amended by
3-17 amending the heading and Subsections (a) and (c) to read as
3-18 follows:
3-19 Sec. 2258.023. PREVAILING OR LIVING WAGE RATES TO BE PAID BY
3-20 CONTRACTOR AND SUBCONTRACTOR; PENALTY. (a) The contractor who is
3-21 awarded a contract by a public body or a subcontractor of the
3-22 contractor shall pay [not less than the rates determined under
3-23 Section 2258.022] to a worker employed by it in the execution of
3-24 the contract not less than, as applicable:
3-25 (1) the rates determined under Section 2258.022; or
3-26 (2) the rates required by a school district under
3-27 Section 2258.0211.
4-1 (c) A contractor or subcontractor does not violate this
4-2 section if a public body awarding a contract does not determine the
4-3 prevailing or living wage rates and specify the prevailing or
4-4 living wage rates in the contract as provided by Section 2258.022
4-5 or 2258.0211, as applicable.
4-6 SECTION 7. Section 2258.025, Government Code, is amended to
4-7 read as follows:
4-8 Sec. 2258.025. PAYMENT GREATER THAN MINIMUM WAGE
4-9 [PREVAILING] RATE NOT PROHIBITED. This chapter does not prohibit
4-10 the payment to a worker employed on a public work an amount greater
4-11 than, as applicable:
4-12 (1) the general prevailing rate of per diem wages; or
4-13 (2) the rates required by a school district under
4-14 Section 2258.0211.
4-15 SECTION 8. Section 2258.056(a), Government Code, is amended
4-16 to read as follows:
4-17 (a) A public body shall use any amounts retained under this
4-18 chapter to pay the worker the difference between the amount the
4-19 worker received in wages for labor on the public work at the rate
4-20 paid by the contractor or subcontractor and the amount the worker
4-21 would have received at the appropriate [general prevailing] wage
4-22 rate as provided in the arbitrator's award.
4-23 SECTION 9. This Act applies only to wage rates paid under a
4-24 contract entered into on or after September 1, 2001. Wage rates
4-25 paid under a contract entered into before September 1, 2001, are
4-26 governed by the law in effect at the time the contract was entered
4-27 into, and that law is continued in effect for that purpose.
5-1 SECTION 10. This Act takes effect September 1, 2001.