85R10224 JG-F
 
  By: Romero, Jr. H.B. No. 3357
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [, $60] for:
               (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
  [this] penalty provided for by Subsection (b) in the contract.
         (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.