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.