By: Shapleigh S.B. No. 464
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to determining the prevailing per diem wage rate to be
1-3 paid in connection with constructing a public work for the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivision (1), Section 2258.001, Government
1-6 Code, is amended to read as follows:
1-7 (1) "Locality in which the work is performed" means:
1-8 (A) for a contract for a public work awarded by
1-9 the state, the political subdivision of the state in which the
1-10 public work is located:
1-11 (i) (,) which may include a county,
1-12 municipality, county and municipality, or district, except as
1-13 provided by Subparagraph (ii); and
1-14 (ii) which, in a municipality with a
1-15 population of 500,000 or more, may only include the geographic
1-16 limits of the municipality; or
1-17 (B) for a contract for a public work awarded by
1-18 a political subdivision of the state, the geographical limits of
1-19 the political subdivision.
1-20 SECTION 2. Section 2258.022, Government Code, is amended to
1-21 read as follows:
1-22 Sec. 2258.022. DETERMINATION OF PREVAILING WAGE RATES.
1-23 (a) For a contract for a public work awarded by a political
1-24 subdivision of the state, the [A] public body shall determine the
1-25 general prevailing rate of per diem wages in the locality in which
2-1 the public work is to be performed for each craft or type of worker
2-2 needed to execute the contract and the prevailing rate for legal
2-3 holiday and overtime work by:
2-4 (1) conducting a survey of the wages received by
2-5 classes of workers employed on projects of a character similar to
2-6 the contract work in the political subdivision of the state in
2-7 which the public work is to be performed; or
2-8 (2) using the prevailing wage rate as determined by
2-9 the United States Department of Labor in accordance with the
2-10 Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its
2-11 subsequent amendments, if the survey used to determine that rate
2-12 was conducted within a three-year period preceding the date the
2-13 public body calls for bids for the public work.
2-14 (b) For a contract for a public work awarded by the state,
2-15 the public body shall determine the general prevailing rate of per
2-16 diem wages in the locality in which the public work is to be
2-17 performed for each craft or type of worker needed to execute the
2-18 contract and the prevailing rate for legal holiday and overtime
2-19 work as follows. The public body shall conduct a survey of the
2-20 wages received by classes of workers employed on projects of a
2-21 character similar to the contract work both statewide and in the
2-22 political subdivision of the state in which the public work is to
2-23 be performed. The public body shall also consider the prevailing
2-24 wage rate as determined by the United States Department of Labor in
2-25 accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et
2-26 seq.), and its subsequent amendments, but only if the survey used
3-1 to determine that rate was conducted within a three-year period
3-2 preceding the date the public body calls for bids for the public
3-3 work. The public body shall determine the general prevailing rate
3-4 of per diem wages in the locality based on the higher of:
3-5 (1) the rate determined from the survey conducted in
3-6 the political subdivision;
3-7 (2) the arithmetic mean between the rate determined
3-8 from the survey conducted in the political subdivision and the rate
3-9 determined from the statewide survey; and
3-10 (3) if applicable, the arithmetic mean between the
3-11 rate determined from the survey conducted in the political
3-12 subdivision and the rate determined by the United States Department
3-13 of Labor.
3-14 (c) The public body shall determine the general prevailing
3-15 rate of per diem wages as a sum certain, expressed in dollars and
3-16 cents.
3-17 (d) [(c)] A public body shall specify in the call for bids
3-18 for the contract and in the contract itself the wage rates
3-19 determined under this section.
3-20 (e) [(d)] The public body's determination of the general
3-21 prevailing rate of per diem wages is final.
3-22 SECTION 3. This Act takes effect September 1, 2001. The
3-23 change in law made by this Act applies only to determining the
3-24 general prevailing rate of per diem wages in connection with a
3-25 contract for constructing a public work awarded by the state if the
3-26 state first requests bids or proposals for its contract on or after
4-1 that date.