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Texas

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?

 

When is the prevailing wage rate used?
A. A worker employed on a public work by or on behalf of
the state or a political subdivision of the state shall be paid:

  • Anot less than the general prevailing rate of per
    diem wages for work of a similar character in the locality in which the work is performed; and
  • Anot less than the general prevailing rate of per
    diem wages for legal holiday and overtime work. (2258.021)

B. Subsection (a)does not apply to maintenance work. (2258.021)

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What is the definition of a public works or related projects?
This chapter applies only to the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction.(2258.002)

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Are there project monetary thresholds?
There are no monetary thresholds pertaining to the prevailing wage law in Texas. (U.S. Department of Labor)

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Are any types of projects specifically exempted?
A. This chapter does not apply to work done directly by a public utility company under an order of a public authority. (2258.002)

B. The prevailing wage does not apply to maintenance work. (2258.021)

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What is included in the calculation of wage rates?
Wages, holiday pay, overtime pay. (2258.021)

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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:

  • 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
  • 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:

  • The rate determined from the survey conducted in
    the political subdivision;
  • The arithmetic mean between the rate determined from the survey conducted in the political subdivision and the rate determined from the statewide survey; and
  • 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)

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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:

  • APenalties as provided by Section 2258.023 and this section; and
  • All 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:

  • a fine not to exceed $500;
  • confinement in jail for a term not to exceed six
    months; or
  • both a fine and confinement. (2258.058)

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Can contractors be debarred?
There is no information to suggest that contractors can be debarred for prevailing wage violations in Texas.

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Are there posting requirements?
There are no posting requirements in the prevailing wage law for Texas.

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Does the agency retain any fines for enforcement (i.e. an enforcement fund)?
A. The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter.(2258.023)

B. A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000. (2258.023)

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Record Maintenance?
A. A contractor and subcontractor shall keep a record showing:

  • The name and occupation of each worker employed by the contractor or subcontractor in the construction of the public work; and
  • the actual per diem wages paid to each worker. (2258.024)

B. The record shall be open at all reasonable hours to inspection by the officers and agents of the public body. (2258.024)

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Are there any provisions which discuss apprentices?
A. "Worker" includes a laborer or mechanic. (2258.001)

B. There are no sections specifically relating to apprentices.

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References
1.) Government Code: Chapter 2258. Prevailing Wage Rates