89R12414 RDS-F
By: Darby H.B. No. 4536
A BILL TO BE ENTITLED
AN ACT
relating to notice submitted to state and local contractors of
complaints alleging a violation of certain prevailing wage laws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2258.051, Government Code, is amended to
read as follows:
Sec. 2258.051. DUTY OF PUBLIC BODY TO HEAR COMPLAINTS AND
WITHHOLD PAYMENT. A public body awarding a contract, and an agent
or officer of the public body, shall:
(1) take cognizance of complaints of all violations of
this chapter committed in the execution of the contract;
(2) as soon as practicable after receiving a complaint
described by Subdivision (1), submit written notice of the
complaint to the contractor or subcontractor that is the subject of
the complaint; and
(3) [(2)] withhold money forfeited or required to be
withheld under this chapter from the payments to the contractor
under the contract, except that the public body may not withhold
money from other than the final payment without a determination by
the public body that there is good cause to believe that the
contractor has violated this chapter.
SECTION 2. Section 2258.052(b), Government Code, is amended
to read as follows:
(b) A public body must make its determination under
Subsection (a) not later than [before] the 31st day after the date
the public body submits notice of the complaint to the contractor or
subcontractor that is the subject of the complaint [receives the
information].
SECTION 3. The change in law made by this Act applies only
to a complaint alleging a violation of Chapter 2258, Government
Code, received by a public body on or after the effective date of
this Act. A complaint received by a public body before that date is
governed by the law in effect on the date the public body received
the complaint, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2025.