Texas 2017 - 85th Regular

Texas House Bill HB2689 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9986 DMS-F
2	2	By: Murphy H.B. No. 2689
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to wage surveys for the determination of prevailing wage
8	8	rates for certain contracts for public works.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2258.022, Government Code, is amended by
11	11	amending Subsections (a) and (b) and adding Subsection (b-1) to
12	12	read as follows:
13	13	(a) For a contract for a public work awarded by a political
14	14	subdivision of the state, the public body shall determine the
15	15	general prevailing rate of per diem wages in the locality in which
16	16	the public work is to be performed for each craft or type of worker
17	17	needed to execute the contract and the prevailing rate for legal
18	18	holiday and overtime work by:
19	19	(1) conducting a survey or considering a survey
20	20	conducted by a third party of the wages received by classes of
21	21	workers employed on projects of a character similar to the contract
22	22	work in the political subdivision of the state in which the public
23	23	work is to be performed; or
24	24	(2) using the prevailing wage rate as determined by
25	25	the United States Department of Labor in accordance with the
26	26	Davis-Bacon Act (40 U.S.C. Section 3141 [276a] et seq.), and its
27	27	subsequent amendments.
28	28	(b) This subsection applies only to a public work located in
29	29	a county bordering the United Mexican States or in a county adjacent
30	30	to a county bordering the United Mexican States. For a contract for
31	31	a public work awarded by the state, the public body shall determine
32	32	the general prevailing rate of per diem wages in the locality in
33	33	which the public work is to be performed for each craft or type of
34	34	worker needed to execute the contract and the prevailing rate for
35	35	legal holiday and overtime work as follows. The public body shall
36	36	conduct a survey or consider a survey conducted by a third party of
37	37	the wages received by classes of workers employed on projects of a
38	38	character similar to the contract work both statewide and in the
39	39	political subdivision of the state in which the public work is to be
40	40	performed. The public body shall also consider the prevailing wage
41	41	rate as determined by the United States Department of Labor in
42	42	accordance with the Davis-Bacon Act (40 U.S.C. Section 3141 [276a]
43	43	et seq.), and its subsequent amendments[, but only if the survey
44	44	used to determine that rate was conducted within a three-year
45	45	period preceding the date the public body calls for bids for the
46	46	public work]. The public body shall determine the general
47	47	prevailing rate of per diem wages in the locality based on the
48	48	higher of:
49	49	(1) the rate determined from the survey conducted in
50	50	the political subdivision;
51	51	(2) the arithmetic mean between the rate determined
52	52	from the survey conducted in the political subdivision and the rate
53	53	determined from the statewide survey; and
54	54	(3) if applicable, the arithmetic mean between the
55	55	rate determined from the survey conducted in the political
56	56	subdivision and the rate determined by the United States Department
57	57	of Labor.
58	58	(b-1) A survey used to determine a general prevailing rate
59	59	under Subsection (a) or (b) must be conducted within a three-year
60	60	period preceding the date the public body calls for bids for the
61	61	public work.
62	62	SECTION 2. This Act takes effect September 1, 2017.