87R16372 SMT-F
By: Morrison H.B. No. 633
Substitute the following for H.B. No. 633:
By: Paddie C.S.H.B. No. 633
A BILL TO BE ENTITLED
AN ACT
relating to the use of certain data collected by the Texas Workforce
Commission to determine general prevailing wage rates for certain
public work contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2258.022(a), Government Code, is amended
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 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; or
(3) if each county in which the public work is located
has a population of less than one million, using the most recent
data, as of the time when the political subdivision submitted the
public work for bids or requested proposals, compiled by the Texas
Workforce Commission's Labor Market and Career Information
Department, including occupational employment statistics wage data
for:
(A) the local workforce development area or
metropolitan statistical area relating to the locality in which the
public work is performed; or
(B) the state, but only if there is no data
available for the relevant local workforce development area or the
metropolitan statistical area for the specific occupation, as
classified by the United States Office of Management and Budget in
the North American Industry Classification System, for which data
is sought.
SECTION 2. The change in law made by this Act applies only
to a public work contract entered into or renewed on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.