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A BILL TO BE ENTITLED
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AN ACT
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relating to wage surveys for the determination of prevailing wage |
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rates for certain contracts for public works. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2258.022, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) For a contract for a public work awarded by a political |
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subdivision of the state, the public body shall determine the |
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general prevailing rate of per diem wages in the locality in which |
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the public work is to be performed for each craft or type of worker |
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needed to execute the contract and the prevailing rate for legal |
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holiday and overtime work by: |
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(1) conducting a survey or considering a survey |
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conducted by a third party of the wages received by classes of |
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workers employed on projects of a character similar to the contract |
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work in the political subdivision of the state in which the public |
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work is to be performed; or |
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(2) using the prevailing wage rate as determined by |
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the United States Department of Labor in accordance with the |
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Davis-Bacon Act (40 U.S.C. Section 3141 [276a] et seq.), and its |
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subsequent amendments. |
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(b) This subsection applies only to a public work located in |
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a county bordering the United Mexican States or in a county adjacent |
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to a county bordering the United Mexican States. For a contract for |
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a public work awarded by the state, the public body shall determine |
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the general prevailing rate of per diem wages in the locality in |
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which the public work is to be performed for each craft or type of |
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worker needed to execute the contract and the prevailing rate for |
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legal holiday and overtime work as follows. The public body shall |
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conduct a survey or consider a survey conducted by a third party of |
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the wages received by classes of workers employed on projects of a |
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character similar to the contract work both statewide and in the |
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political subdivision of the state in which the public work is to be |
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performed. The public body shall also consider the prevailing wage |
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rate as determined by the United States Department of Labor in |
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accordance with the Davis-Bacon Act (40 U.S.C. Section 3141 [276a] |
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et seq.), and its subsequent amendments[, but only if the survey
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used to determine that rate was conducted within a three-year
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period preceding the date the public body calls for bids for the
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public work]. The public body shall determine the general |
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prevailing rate of per diem wages in the locality based on the |
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higher of: |
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(1) the rate determined from the survey conducted in |
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the political subdivision; |
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(2) the arithmetic mean between the rate determined |
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from the survey conducted in the political subdivision and the rate |
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determined from the statewide survey; and |
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(3) if applicable, the arithmetic mean between the |
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rate determined from the survey conducted in the political |
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subdivision and the rate determined by the United States Department |
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of Labor. |
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(b-1) A survey used to determine a general prevailing rate |
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under Subsection (a) or (b) must be conducted within a three-year |
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period preceding the date the public body calls for bids for the |
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public work. |
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SECTION 2. This Act takes effect September 1, 2017. |