TEXAS

6) Who calculates the prevailing wage rates?

A.) 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 276a et seq.),and its subsequent amendments, if the survey used to determine that rate was conducted within a three-year period preceding the date the public body calls for bids for the public work. (2258.022)

B.) The public body shall determine the general prevailing rate of per diem wages in the locality based on the higher of:
(1) The rate determined from the survey conducted in
the political subdivision;
(2) The arithmetic mean between the rate determined from the survey conducted in the political subdivision and the rate determined from the statewide survey; and
(3) If applicable, the arithmetic mean between the rate determined from the survey conducted in the political subdivision and the rate determined by the United States Department of Labor. (2258.022)