Texas 2019 - 86th Regular

Texas House Bill HB28

Caption

Relating to the prevailing wage for work associated with public work contracts; authorizing a penalty.

Impact

The legislation modifies existing regulations regarding public work contracts and emphasizes compliance through added penalties. Specifically, the bill mandates that public bodies award contracts only to those contractors who adhere to the prevailing wage laws. It also allows state or local entities to impose a penalty of up to $90 per day for every worker found to be underpaid or misclassified. This legislation is expected to enhance oversight of public work contracts and may lead to greater financial accountability among contractors.

Summary

House Bill 28 addresses the issue of prevailing wage for workers on public work contracts in Texas. The bill establishes that contractors must pay their workers no less than the wage rates outlined in existing law. Furthermore, it introduces penalties for contractors or subcontractors who fail to comply with these wage requirements or who mistakenly classify workers as independent contractors to evade these obligations. By implementing these measures, HB28 aims to improve wage equity and uphold labor standards for workers involved in public projects.

Sentiment

Overall, the sentiment surrounding HB28 appears to be supportive among labor advocates and organizations that champion worker rights. Proponents view the bill as a necessary step towards protecting workers from wage exploitation and ensuring fair compensation for labor performed on public contracts. However, there are concerns from some contractor groups about the potential burden of increased regulation and penalties, which may lead to apprehension over contract participation.

Contention

Key points of contention include the implications of stricter wage enforcement on small and medium contractors who may struggle with compliance. Critics argue that the fines for violations could disproportionately impact smaller businesses and potentially discourage competition for public contracts. Additionally, the discussion around worker classification raises concerns, as the definition of independent contractors can be complex and fluid. The tension between worker protections and contractor flexibility lies at the core of the debate surrounding the bill.

Companion Bills

TX SB1917

Same As Relating to the prevailing wage for work associated with public work contracts; authorizing a penalty.

Previously Filed As

TX SB1203

Relating to the use of certain data collected by the Texas Workforce Commission to determine general prevailing wage rates for certain public work contracts.

TX HB2429

Relating to the use of certain data collected by the Texas Workforce Commission to determine general prevailing wage rates for certain public work contracts.

TX HB778

Relating to required provision of workers' compensation insurance coverage for employees of building and construction contractors and subcontractors.

TX SB283

Relating to required provision of workers' compensation insurance coverage for employees of building and construction contractors and subcontractors.

TX HB2753

Relating to certain agreements with collective bargaining organizations related to certain publicly funded public work contracts.

TX SB936

Relating to certain agreements with collective bargaining organizations related to certain publicly funded public work contracts.

TX SB1828

Relating to the procurement by local governments of energy savings performance contracts for certain conservation measures; creating criminal offenses; authorizing a fee.

TX HB97

Relating to water breaks for employees of certain contractors with a governmental entity; providing an administrative penalty.

TX HB4394

Relating to increasing warehouse worker protections.

TX HB3485

Relating to a contractor's or subcontractor's right to elect not to proceed with additional work under a contract.

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