By Shapleigh                                           S.B. No. 464
         77R4122 JRD-D                           
                                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. Section 2258.022, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 2258.022. DETERMINATION OF PREVAILING WAGE RATES. (a)
 1-8     For a contract for a public work awarded by a political subdivision
 1-9     of the state, the [A] public body shall determine the general
1-10     prevailing rate of per diem wages in the locality in which the
1-11     public work is to be performed for each craft or type of worker
1-12     needed to execute the contract and the prevailing rate for legal
1-13     holiday and overtime work by:
1-14                 (1)  conducting a survey of the wages received by
1-15     classes of workers employed on projects of a character similar to
1-16     the contract work in the political subdivision of the state in
1-17     which the public work is to be performed; or
1-18                 (2)  using the prevailing wage rate as determined by
1-19     the United States Department of Labor in accordance with the
1-20     Davis-Bacon Act (40 U.S.C. Section 276a et seq.), if the survey
1-21     used to determine that rate was conducted within a three-year
1-22     period preceding the date the public body calls for bids for the
1-23     public work.
1-24           (b)  For a contract for a public work awarded by the state,
 2-1     the public body shall determine the general prevailing rate of per
 2-2     diem wages in the locality in which the public work is to be
 2-3     performed for each craft or type of worker needed to execute the
 2-4     contract and the prevailing rate for legal holiday and overtime
 2-5     work as follows. The public body shall conduct a survey of the
 2-6     wages received by classes of workers employed on projects of a
 2-7     character similar to the contract work both statewide and in the
 2-8     political subdivision of the state in which the public work is to
 2-9     be performed.  The public body shall also consider the prevailing
2-10     wage rate as determined by the United States Department of Labor in
2-11     accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et
2-12     seq.), but only if the survey used to determine that rate was
2-13     conducted within a three-year period preceding the date the public
2-14     body calls for bids for the public work. The public body shall
2-15     determine the general prevailing rate of per diem wages in the
2-16     locality based on the higher of the rate determined from the
2-17     statewide survey, the rate determined from the survey conducted in
2-18     the political subdivision, and, if applicable, the rate determined
2-19     by the United States Department of Labor.
2-20           (c)  The public body shall determine the general prevailing
2-21     rate of per diem wages as a sum certain, expressed in dollars and
2-22     cents.
2-23           (d) [(c)]  A public body shall specify in the call for bids
2-24     for the contract and in the contract itself the wage rates
2-25     determined under this section.
2-26           (e) [(d)]  The public body's determination of the general
2-27     prevailing rate of per diem wages is final.
 3-1           SECTION 2. This Act takes effect September 1, 2001. The
 3-2     change in law made by this Act applies only to determining the
 3-3     general prevailing rate of per diem wages in connection with a
 3-4     contract for constructing a public work awarded by the state if the
 3-5     state first requests bids or proposals for its contract on or after
 3-6     that date.