In the 1930s the state of Texas adopted a prevailing wage statute called Bernon's Civil Statute. This statute was later re-codified in 1995 into the Texas Government Code Chapter 2258 (Prevailing Wage Rates). To date, Texas has a total of 255 counties and each political subdivision within these counties has a choice to adopt Davis Bacon or Chapter 2258 regulations. Each subdivision that adopts Chapter 2258 is in charge of enforcing the regulation.
Texas does not publish annual prevailing wage determinations. The prevailing wage is determined by using a survey of wages paid for similar work in the locality, or by using the rate determined by the U.S. Department of Labor to be the prevailing wage under the Davis-Bacon Act.
Texas does not have different daily overtime laws per trade. An employee that works any hours in excess of forty hours per week or eight hours per day must receive overtime compensation at a rate of time and a half of the base rate.
Texas prevailing wage law does not maintain different rates for working on the weekend. Any hours worked in excess of forty hours per week are compensated at time and one-half.
Texas Prevailing Wage Law does not compensate employees for working on legal holidays.
Texas Prevailing Wage Law does not maintain shift differential payments per trade.
Travel time on a government-contract prevailing wage job must be paid at the prevailing wage rate associated with that particular job. Travel time on a job not covered by prevailing wage laws may be by agreement, (i.e., either at the regular hourly rate of pay, or at a different rate in which case the weighted-average method of computing overtime pay would be used for any overtime arising from such work).
Texas prevailing wage law does not provide training contribution to contractors or subcontractors.
In Texas, to be an apprentice, the employee must be registered under a bone fide apprentice program.
The Texas Department of Licensing and Texas Board of Plumbing Examiners oversee that licensing requirements are met.
Only specialty contractors, including HVAC, fire sprinkler systems, plumbing, electricians, elevators and well drilling/pump installation specialists, need to be licensed in Texas. Home builders are not licensed, but are required to register with the state.
To check if a specialty contractor is licensed for HVAC, well drilling and pumping, or industrialized housing in Texas, call (512) 463-6599 or (800) 803-9202.
To check if a plumber is licensed call (512) 458-2145.
To check if a contractor is licensed for fire sprinkler systems call (512) 305-7933.
Failure to pay correct prevailing wages
A contractor or subcontractor who violates Chapter 2258 of the Texas Government Code must pay to the City, $60 per each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates.
Failure to maintain correct payrolls
The contractor will be penalized $60.00 a day for each employee who is underpaid per Texas Government Code 2258-023 for all contracts except Federally Funded Contract if he or she fails to maintain correct certified payrolls.
A contractor or subcontractor of a public work or an agent or representative of the contractor or subcontractor that violates Section 2258.058(b) commits a criminal offense. A criminal offense under this section is punishable by: 1) a fine that does not excess $500; or 2) confinement in jail for a term that does not exceed six months; or 3) both a fine and confinement. 2258.058(c).
Pursuant to Chapter 2258, there is no debarment provision or official website listing debarred employees.
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