Prevailing Wages Texas

Texas Prevailing Wage Requirements

Texas has a long-standing commitment to ensuring fair wages for workers involved in public works. The state's prevailing wage laws, outlined in the Texas Government Code Chapter 2258, are a testament to this commitment. These laws are crucial in setting the wage standards for construction activities funded by public money. This comprehensive guide aims to provide a clear understanding of the Texas prevailing wages, their determination, and the legislative changes that have shaped them over time.

What are Prevailing Wages?

Prevailing wages are the standard wages paid to workers employed in public works projects. These wages are determined based on the types of construction and the geographical location of the work. In Texas, prevailing wages apply to a wide range of construction activities, including building highways, roads, excavation projects, and other developmental or improvement works.

Scope of Texas Prevailing Wages

In Texas, the term "public works" encompasses an extensive range of construction activities. This includes not only the construction of buildings and roads but also excavations, repair works, and other developmental projects. These projects, whether under direct public supervision or not, if funded wholly or partially by public funds, fall under the purview of prevailing wage laws. This broad definition ensures that a wide spectrum of construction activities is covered, promoting fair labor practices across the state.

Determining the Prevailing Wages

The process of determining prevailing wages in Texas is unique and flexible. Unlike some states, Texas does not publish annual prevailing wage determinations. Instead, the prevailing wage is determined by either conducting a local wage survey or by adopting the wage rates under the federal Davis Bacon Act. This method ensures that the wages reflect the current market trends and are fair to the workers involved in these projects.

Legislative Evolution and Its Impact

One of the most significant legislative changes to the Texas prevailing wage laws came with the enactment of HB 2625 in 2007. This amendment allowed for greater flexibility in adopting federal wage determinations. Prior to this amendment, there were restrictions on using Federal Davis/Bacon Wage Determinations if the wage survey used for their determination was older than three years. HB 2625 removed these constraints, allowing political subdivisions in Texas to use the Federal Davis/Bacon Wage Determinations without needing to conduct new, potentially costly wage surveys.

The Importance of Compliance

Compliance with prevailing wage laws is not just a legal requirement; it is a commitment to the welfare of the workforce. It ensures that workers are paid fairly for their labor, especially in publicly funded projects. For contractors and public bodies, understanding and adhering to these laws is crucial to avoid legal complications and to foster a fair working environment.

What Are Texas' Prevailing Wage Exemptions

In Texas, prevailing wage laws, primarily governed by Chapter 2258 of the Government Code, set forth the standards for wage determination in public works projects. However, there are certain exemptions and nuances to these laws.

Texas Prevailing Wage FAQs

Q What is Prevailing Wage?


The prevailing wage is a base pay rate established by State and Federal law to ensure that all construction workers engaged in public works projects are paid adequately for the craft they are working in. It is a combination of an hourly pay rate plus fringe benefits. Payment of the prevailing wage ensures that contractors will hire qualified workers and the City will therefore receive quality work.

Q Who is subject to receiving prevailing wages?


All construction personnel working on a publicly-funded project must receive prevailing wages.

Q What about apprentices?


State law requires that apprentices be employed on all public works projects. If no apprentices are available or the work is not in an apprenticeable craft, proper documentation must be submitted to indicate this. All apprentices must be in a State approved program and must be in an appropriate ratio to the hours worked by the of journeymen present. If the project has federal funding, apprentices must be in a federally approved program.

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