Payroll

Texas prevailing wage and certified payroll rules

Texas has a prevailing wage law with no dollar threshold, but no statewide rate schedule. Under Government Code Chapter 2258, every state agency, city, county, and district that lets a public works contract sets its own rates and must print them in the bid call and the contract.

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Short answer: yes, Texas has a prevailing wage law, and it is unusual. Chapter 2258 of the Texas Government Code says workers on a public work for the state or a political subdivision must get at least the local prevailing rate of per diem wages, plus the prevailing rate for legal holiday and overtime work. There is no labor department rate book. The public body awarding the contract decides the rates, and its decision is final. If it never puts rates in the contract, the contractor has not violated the chapter's pay rule. Federally funded or assisted jobs over $2,000 also fall under the federal Davis-Bacon Act.

Texas prevailing wage at a glance
RuleTexas
State lawTexas Government Code Chapter 2258
Covered workPublic works for the state or a political subdivision; maintenance work is excluded from the pay rule
Dollar thresholdNone in the statute
Who sets ratesThe public body awarding the contract, by local survey or by adopting U.S. Department of Labor Davis-Bacon rates
Where to find ratesIn the call for bids and the contract itself
Payroll recordsName, occupation, and actual per diem wages of each worker, open to the public body's inspection
Penalty$60 per worker per calendar day underpaid, payable to the public body
State certified payroll form or portalNone set by statute; follow the contract

Who sets Texas prevailing wage rates

Section 2258.022 gives each public body two options for a political subdivision's work. It can run a survey of wages paid for similar work on similar projects in its own area, or it can adopt the rates the U.S. Department of Labor sets under Davis-Bacon. Either way, the rate must be stated as a sum certain in dollars and cents, and the public body must put the rates in the call for bids and in the contract.

State contracts in a county on the Mexico border, or in a county next to one, follow a different formula. There the public body surveys wages both statewide and locally, may consider a Davis-Bacon rate if that rate's survey is no more than three years old when bids are called, and uses the highest of the local survey rate, the average of local and statewide rates, or the average of the local rate and the Davis-Bacon rate.

In practice this means rates can differ between two owners in the same city. Say a concrete sub bids a $650,000 parking structure for a school district and a sidewalk package for the city across the street in the same week. Each owner's schedule controls its own job. Price each bid from the schedule in that bid package, not from the last job you did nearby, and look for whether it lists a base rate only or a base plus fringe benefits.

Records and certified payroll on Texas public works

The statute's record rule is short. Under section 2258.024, the contractor and every subcontractor must keep a record of the name and occupation of each worker on the public work and the actual per diem wages paid to each one, and the record must be open at all reasonable hours to inspection by the public body's officers and agents. Failing to keep those records is a criminal offense under section 2258.058, punishable by a fine of up to $500, up to six months in jail, or both.

Chapter 2258 does not create a state certified payroll form, a filing frequency, or an online portal. That gap is usually filled by the contract. An owner can write payroll submittals into the contract so it can check rates before it releases pay applications. Read the special conditions for the format, the deadline, and whether subcontractor payrolls go through you. If the owner does not specify a layout, the federal WH-347 covers the name, classification, hours, and rate fields the statute asks you to keep.

Penalties and the complaint process

A contractor or subcontractor that pays less than the rates stipulated in the contract owes the state or political subdivision $60 for each worker for each calendar day, or part of a day, of underpayment. The public body must put that penalty in the contract. A municipality can collect it only if its population is more than 10,000. On a crew of eight laborers shorted for 15 working days, that is $7,200 in penalties before any back wages.

  1. Complaint: the public body must hear complaints about violations during the contract and can withhold money from contractor payments once it finds good cause.
  2. Initial determination: when it receives information about a possible violation, including a worker complaint, the public body must decide before the 31st day whether good cause exists, notify the contractor and worker in writing, and retain the amount due under the contract until a final determination.
  3. Settlement window: if the contractor and worker do not resolve it by agreement before the 15th day after that determination, the dispute goes to binding arbitration under the Texas General Arbitration Act.
  4. Arbitrator: the parties pick one; if they do not agree before the 11th day, a district court appoints one on petition. The public body is not a party to the arbitration.

Public officials are covered too. An officer or agent of the state or a political subdivision who willfully violates or does not comply with the chapter commits an offense under section 2258.058.

How Texas differs from Davis-Bacon

  • Rate source: Texas rates come from the awarding public body. Davis-Bacon rates come from U.S. Department of Labor wage determinations on SAM.gov, by county and construction type.
  • Threshold: Texas has none. Davis-Bacon covers federally funded or assisted contracts over $2,000.
  • Payroll: Davis-Bacon requires weekly certified payroll with a signed Statement of Compliance. Texas requires records and leaves submittals to the contract.
  • Enforcement: Texas uses a $60 daily penalty, withholding, and arbitration. Federal jobs follow federal contract clauses and U.S. Department of Labor enforcement.
  • Overlap: a city job with a federal grant can carry both a city schedule and a federal determination. Get the owner's direction in writing on which governs each classification.

For the rest of the Texas picture, see the Texas contractor license guide, Texas mechanics lien rules, and Texas prompt payment rules. Smart Business Automator keeps each job's wage schedule with its time entries and prepares the payroll report the owner asks for; see certified payroll automation.

Frequently asked questions

Does Texas have a prevailing wage law?

Yes. Texas Government Code Chapter 2258 requires prevailing wages on public works for the state and its political subdivisions. Each public body sets its own rates and must include them in the bid call and the contract.

Is there a dollar threshold for Texas prevailing wage?

The statute does not set one. Coverage depends on whether the work is a public work for the state or a political subdivision. Maintenance work is excluded from the pay requirement.

Where do I find Texas prevailing wage rates?

In the bid documents and contract from the public body letting the work. There is no statewide schedule. Some owners run their own survey and others adopt federal Davis-Bacon rates.

What is the penalty for underpaying prevailing wage in Texas?

$60 per worker for each calendar day or part of a day the worker is paid less than the contract rate, owed to the public body. Disputes not settled by agreement go to binding arbitration, and the arbitrator can award penalties and amounts owed to the worker.

Does Texas require certified payroll?

The statute requires records of each worker's name, occupation, and per diem wages, open to the public body's inspection. Submission format and frequency come from the contract, and Davis-Bacon jobs require weekly certified payroll.

Sources

  1. Texas Government Code 2258.021: Right to be paid prevailing wage rates
  2. Texas Government Code 2258.022: Determination of prevailing wage rate
  3. Texas Government Code 2258.023: Prevailing wage rates to be paid by contractor and subcontractor; penalty
  4. Texas Government Code 2258.024: Records
  5. Texas Government Code 2258.051 to 2258.053: Complaints, initial determination, and arbitration
  6. Texas Government Code 2258.058: Criminal penalties
  7. U.S. Department of Labor, Wage and Hour Division: Construction (Davis-Bacon and Related Acts)
  8. U.S. Department of Labor, Wage and Hour Division: Form WH-347

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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