Relating to notice submitted to state and local contractors of complaints alleging a violation of certain prevailing wage laws.

89(R) HB 4536 - House Committee Report version - Bill Text

89R12414 RDS-F

By: Darby

H.B. No. 4536

A BILL TO BE ENTITLED

AN ACT

relating to notice submitted to state and local contractors of

complaints alleging a violation of certain prevailing wage laws.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2258.051, Government Code, is amended to

read as follows:

Sec. 2258.051. DUTY OF PUBLIC BODY TO HEAR COMPLAINTS AND

WITHHOLD PAYMENT. A public body awarding a contract, and an agent

or officer of the public body, shall:

(1) take cognizance of complaints of all violations of

this chapter committed in the execution of the contract;

(2)

as soon as practicable after receiving a complaint

described by Subdivision (1), submit written notice of the

complaint to the contractor or subcontractor that is the subject of

the complaint;
and

(3)
[
(2)
] withhold money forfeited or required to be

withheld under this chapter from the payments to the contractor

under the contract, except that the public body may not withhold

money from other than the final payment without a determination by

the public body that there is good cause to believe that the

contractor has violated this chapter.

SECTION 2. Section 2258.052(b), Government Code, is amended

to read as follows:

(b) A public body must make its determination under

Subsection (a)
not later than
[
before
] the 31st day after the date

the public body
submits notice of the complaint to the contractor or

subcontractor that is the subject of the complaint
[
receives the

information
].

SECTION 3. The change in law made by this Act applies only

to a complaint alleging a violation of Chapter 2258, Government

Code, received by a public body on or after the effective date of

this Act. A complaint received by a public body before that date is

governed by the law in effect on the date the public body received

the complaint, and the former law is continued in effect for that

purpose.

SECTION 4. This Act takes effect September 1, 2025.