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