By: Kolkhorst, et al. S.B. No. 518
 
  (Morrison)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of certain data collected by the Texas Workforce
  Commission to determine general prevailing wage rates for certain
  public work contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2258.022(a), Government Code, is amended
  to read as follows:
         (a)  For a contract for a public work awarded by a political
  subdivision of the state, the public body shall determine the
  general prevailing rate of per diem wages in the locality in which
  the public work is to be performed for each craft or type of worker
  needed to execute the contract and the prevailing rate for legal
  holiday and overtime work by:
               (1)  conducting a survey of the wages received by
  classes of workers employed on projects of a character similar to
  the contract work in the political subdivision of the state in which
  the public work is to be performed; [or]
               (2)  using the prevailing wage rate as determined by
  the United States Department of Labor in accordance with the
  Davis-Bacon Act (40 U.S.C. Section 3141 [276a] et seq.), and its
  subsequent amendments; or
               (3)  if each county in which the public work is located
  has a population of less than one million, using the most recent
  data, as of the time when the political subdivision submitted the
  public work for bids or requested proposals, compiled by the Texas
  Workforce Commission's Labor Market and Career Information
  Department, including occupational employment statistics wage data
  for:
                     (A)  the local workforce development area or
  metropolitan statistical area relating to the locality in which the
  public work is performed; or
                     (B)  the state, but only if there is no data
  available for the relevant local workforce development area or the
  metropolitan statistical area for the specific occupation, as
  classified by the United States Office of Management and Budget in
  the North American Industry Classification System, for which data
  is sought.
         SECTION 2.  The change in law made by this Act applies only
  to a public work contract entered into or renewed on or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.