1) When is the prevailing wage rate used?
2) What is the definition of a public works or related projects?
3) Are there project monetary thresholds?
4) Are any types of projects specifically exempted?
5) What is included in the calculation of wage rates?
6) Who calculates the prevailing wage rates?
7) Enforcement: what are the penalties for violations? Criminal or fines?
8) Can contractors be debarred?
9) Are there posting requirements?
10) Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
11) Record Maintenance?
12) Are there any provisions which discuss apprentices?



TEXAS

7) Enforcement: what are the penalties for violations? Criminal or fines?

A.) A contractor or subcontractor who violates this section (section in this case means the section stating that the contractors must pay the prevailing wage)shall pay to the state or a political subdivision of the state on whose behalf the contract is made,$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. (2258.023)

B.) A public body awarding a contract, and an agent or officer of the public body, shall: 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. (2258.051)

C.) If an arbitrator determines that Section 2258.023 has been violated, the arbitrator shall assess and award against the contractor or subcontractor:
(1)APenalties as provided by Section 2258.023 and this section; and
(2)AAll amounts owed to the affected worker. (2288.054)

D.) An arbitrator shall assess and award all reasonable costs, including the arbitrator =s fee, against the party who does not prevail. Costs may be assessed against the worker only if the arbitrator finds that the claim is frivolous. If the arbitrator does not find that the claim is frivolous and does not make an award to the worker, costs are shared equally by the parties. (2288.054)

E.) An officer, agent, or representative of the state or of a political subdivision of the state commits an offense if the person wilfully violates or does not comply with a provision of this chapter. (2258.058)

F.) A contractor or subcontractor of a public work under this chapter, or an agent or representative of the contractor or subcontractor, commits an offense if the person violates Section 2258.024. (2258.058)

G.) An offense under this section is punishable by:
(1) a fine not to exceed $500;
(2) confinement in jail for a term not to exceed six
months; or
(3) both a fine and confinement. (2258.058)


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©2007 National Alliance for Fair Contracting