Bill Text: TX HB3357 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the prevailing wage for work associated with public work contracts; authorizing a penalty.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-04-24 - Committee report sent to Calendars [HB3357 Detail]
Download: Texas-2017-HB3357-Comm_Sub.html
85R10224 JG-F | ||
By: Romero, Jr., Cyrier | H.B. No. 3357 |
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relating to the prevailing wage for work associated with public | ||
work contracts; authorizing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2258.023, Government Code, is amended by | ||
amending Subsections (a), (b), and (d) and adding Subsections (b-1) | ||
and (f) to read as follows: | ||
(a) The contractor who is awarded a contract by a public | ||
body or a subcontractor of the contractor: | ||
(1) shall pay not less than the rates determined under | ||
Section 2258.022 to a worker employed by it in the execution of the | ||
contract; and | ||
(2) may not improperly classify a worker employed by | ||
it in the execution of the contract as an independent contractor in | ||
order to avoid paying the worker under Subdivision (1). | ||
(b) A contractor or subcontractor who violates this section | ||
shall pay to the state or a political subdivision of the state on | ||
whose behalf the contract is made $90 [ |
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(1) 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; or | ||
(2) each worker misclassified as an independent | ||
contractor for each calendar day or part of the day that the worker | ||
is misclassified. | ||
(b-1) A public body awarding a contract shall specify the | ||
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(d) The public body shall: | ||
(1) audit a public work contract to ensure compliance | ||
with this chapter: | ||
(A) throughout the term of the contract; and | ||
(B) not later than the 30th day before the date | ||
the work is scheduled to be completed on the contract; and | ||
(2) use any money collected under this section to | ||
offset the costs incurred in the administration of this chapter. | ||
(f) The payment requirement under Subsection (a)(1) may | ||
only be satisfied by payment to the employee in the form of per diem | ||
wages. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a public work contract entered into on or after the effective | ||
date of this Act. A public work contract entered into before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the contract was entered into, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. |