| 1 | 1 | | 81R3724 EAH-D |
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| 2 | 2 | | By: Parker H.B. No. 1042 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the repeal of public prevailing wage rate laws. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 101.023(c), Human Resources Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (c) The Texas Workforce Commission may contract with a |
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| 12 | 12 | | public agency or a private, nonprofit organization with experience |
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| 13 | 13 | | in managing similar programs to employ persons under this program |
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| 14 | 14 | | in providing recreation, beautification, conservation, or |
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| 15 | 15 | | restoration services, or public service employment positions for |
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| 16 | 16 | | state, county, city, or regional governments or school districts. |
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| 17 | 17 | | The Texas Workforce Commission may not contract with an |
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| 18 | 18 | | organization that is not a subscriber under the state workers' |
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| 19 | 19 | | compensation law or that does not pay the federal minimum wage rate |
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| 20 | 20 | | [or the prevailing wage rate for the particular job, whichever is |
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| 21 | 21 | | greater]. |
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| 22 | 22 | | SECTION 2. The following laws are repealed: |
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| 23 | 23 | | (1) Section 1503.203, Government Code; |
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| 24 | 24 | | (2) Chapter 2258, Government Code; |
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| 25 | 25 | | (3) Section 262.037(e), Health and Safety Code; |
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| 26 | 26 | | (4) Section 264.035(e), Health and Safety Code; |
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| 27 | 27 | | (5) Section 281.052(c), Health and Safety Code; |
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| 28 | 28 | | (6) Section 285.302, Health and Safety Code; |
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| 29 | 29 | | (7) Section 263.053(e), Local Government Code; |
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| 30 | 30 | | (8) Section 3833.259(b), Special District Local Laws |
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| 31 | 31 | | Code; |
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| 32 | 32 | | (9) Section 3833.260, Special District Local Laws |
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| 33 | 33 | | Code; and |
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| 34 | 34 | | (10) Section 49.279, Water Code. |
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| 35 | 35 | | SECTION 3. The change in law made by this Act applies only |
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| 36 | 36 | | to a public works contract entered into on or after the effective |
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| 37 | 37 | | date of this Act. A public works contract entered into before the |
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| 38 | 38 | | effective date of this Act is governed by the law in effect on the |
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| 39 | 39 | | date the contract was entered into, and the former law is continued |
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| 40 | 40 | | in effect for that purpose. |
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| 41 | 41 | | SECTION 4. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2009. |
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