| 1 | 1 | | 88R4314 KBB-F |
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| 2 | 2 | | By: Kolkhorst S.B. No. 1203 |
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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 use of certain data collected by the Texas Workforce |
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| 8 | 8 | | Commission to determine general prevailing wage rates for certain |
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| 9 | 9 | | public work contracts. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 2258.022(a), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) For a contract for a public work awarded by a political |
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| 14 | 14 | | subdivision of the state, the public body shall determine the |
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| 15 | 15 | | general prevailing rate of per diem wages in the locality in which |
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| 16 | 16 | | the public work is to be performed for each craft or type of worker |
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| 17 | 17 | | needed to execute the contract and the prevailing rate for legal |
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| 18 | 18 | | holiday and overtime work by: |
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| 19 | 19 | | (1) conducting a survey of the wages received by |
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| 20 | 20 | | classes of workers employed on projects of a character similar to |
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| 21 | 21 | | the contract work in the political subdivision of the state in which |
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| 22 | 22 | | the public work is to be performed; [or] |
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| 23 | 23 | | (2) using the prevailing wage rate as determined by |
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| 24 | 24 | | the United States Department of Labor in accordance with the |
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| 25 | 25 | | Davis-Bacon Act (40 U.S.C. Section 3141 [276a] et seq.), and its |
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| 26 | 26 | | subsequent amendments; or |
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| 27 | 27 | | (3) if each county in which the public work is located |
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| 28 | 28 | | has a population of less than one million, using the most recent |
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| 29 | 29 | | data, as of the time when the political subdivision submitted the |
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| 30 | 30 | | public work for bids or requested proposals, compiled by the Texas |
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| 31 | 31 | | Workforce Commission's Labor Market and Career Information |
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| 32 | 32 | | Department, including occupational employment statistics wage data |
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| 33 | 33 | | for: |
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| 34 | 34 | | (A) the local workforce development area or |
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| 35 | 35 | | metropolitan statistical area relating to the locality in which the |
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| 36 | 36 | | public work is performed; or |
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| 37 | 37 | | (B) the state, but only if there is no data |
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| 38 | 38 | | available for the relevant local workforce development area or the |
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| 39 | 39 | | metropolitan statistical area for the specific occupation, as |
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| 40 | 40 | | classified by the United States Office of Management and Budget in |
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| 41 | 41 | | the North American Industry Classification System, for which data |
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| 42 | 42 | | is sought. |
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| 43 | 43 | | SECTION 2. The change in law made by this Act applies only |
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| 44 | 44 | | to a public work contract entered into or renewed on or after the |
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| 45 | 45 | | effective date of this Act. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2023. |
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