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A BILL TO BE ENTITLED
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AN ACT
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relating to notice submitted to state and local contractors of |
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complaints alleging a violation of certain prevailing wage laws. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2258.051, Government Code, is amended to |
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read as follows: |
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Sec. 2258.051. DUTY OF PUBLIC BODY TO HEAR COMPLAINTS AND |
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WITHHOLD PAYMENT. A public body awarding a contract, and an agent |
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or officer of the public body, shall: |
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(1) take cognizance of complaints of all violations of |
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this chapter committed in the execution of the contract; |
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(2) as soon as practicable after receiving a complaint |
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described by Subdivision (1), submit written notice of the |
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complaint to the contractor or subcontractor that is the subject of |
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the complaint; and |
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(3) [(2)] withhold money forfeited or required to be |
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withheld under this chapter from the payments to the contractor |
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under the contract, except that the public body may not withhold |
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money from other than the final payment without a determination by |
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the public body that there is good cause to believe that the |
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contractor has violated this chapter. |
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SECTION 2. Section 2258.052(b), Government Code, is amended |
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to read as follows: |
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(b) A public body must make its determination under |
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Subsection (a) not later than [before] the 31st day after the date |
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the public body submits notice of the complaint to the contractor or |
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subcontractor that is the subject of the complaint [receives the |
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information]. |
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SECTION 3. The change in law made by this Act applies only |
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to a complaint alleging a violation of Chapter 2258, Government |
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Code, received by a public body on or after the effective date of |
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this Act. A complaint received by a public body before that date is |
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governed by the law in effect on the date the public body received |
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the complaint, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |