| 1 | 1 | | 89R12414 RDS-F |
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| 2 | 2 | | By: Darby H.B. No. 4536 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to notice submitted to state and local contractors of |
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| 10 | 10 | | complaints alleging a violation of certain prevailing wage laws. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 2258.051, Government Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 2258.051. DUTY OF PUBLIC BODY TO HEAR COMPLAINTS AND |
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| 15 | 15 | | WITHHOLD PAYMENT. A public body awarding a contract, and an agent |
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| 16 | 16 | | or officer of the public body, shall: |
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| 17 | 17 | | (1) take cognizance of complaints of all violations of |
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| 18 | 18 | | this chapter committed in the execution of the contract; |
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| 19 | 19 | | (2) as soon as practicable after receiving a complaint |
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| 20 | 20 | | described by Subdivision (1), submit written notice of the |
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| 21 | 21 | | complaint to the contractor or subcontractor that is the subject of |
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| 22 | 22 | | the complaint; and |
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| 23 | 23 | | (3) [(2)] withhold money forfeited or required to be |
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| 24 | 24 | | withheld under this chapter from the payments to the contractor |
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| 25 | 25 | | under the contract, except that the public body may not withhold |
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| 26 | 26 | | money from other than the final payment without a determination by |
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| 27 | 27 | | the public body that there is good cause to believe that the |
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| 28 | 28 | | contractor has violated this chapter. |
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| 29 | 29 | | SECTION 2. Section 2258.052(b), Government Code, is amended |
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| 30 | 30 | | to read as follows: |
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| 31 | 31 | | (b) A public body must make its determination under |
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| 32 | 32 | | Subsection (a) not later than [before] the 31st day after the date |
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| 33 | 33 | | the public body submits notice of the complaint to the contractor or |
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| 34 | 34 | | subcontractor that is the subject of the complaint [receives the |
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| 35 | 35 | | information]. |
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| 36 | 36 | | SECTION 3. The change in law made by this Act applies only |
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| 37 | 37 | | to a complaint alleging a violation of Chapter 2258, Government |
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| 38 | 38 | | Code, received by a public body on or after the effective date of |
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| 39 | 39 | | this Act. A complaint received by a public body before that date is |
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| 40 | 40 | | governed by the law in effect on the date the public body received |
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| 41 | 41 | | the complaint, and the former law is continued in effect for that |
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| 42 | 42 | | purpose. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2025. |
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