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1985 Texas Attorney General Reports and Opinions 1507 (1985)

handle is hein.sag/sagtx0025 and id is 1 raw text is: The Attorney General of Texas July 1, 1985 JIM MATTOX Attorney General Supreme Court Building P. 0. Box 12548 Austin, TX. 78711- 2548 5-i2/475-2501 Telex 9101874-1367 Telecopler 512/475-0266 714 Jackson, Suite 700 Dallas, TX. 75202-4506 214/742-8944 4824 Alberta Ave., Suite 160 El Paso, TX. 79905-2793 9151533-3484 1001 Texas, Suite 700 Houston, TX. 77002-3111 7131223-5886 806 Broadway, Suite 312 Lubbock, TX. 79401-3479 8061747-5238 4309 N. Tenth, Suite 8 McAllen, TX. 78501-1685 512/682-4547 200 Main Plaza, Suite 400 San Antonio, TX. 78205-2797 512/225-4191 An Equal Opportunityl Affirmative Action Employer Honorable Lloyd Criss Chairman Committee on Labor and Employment Relations Texas House of Representatives P. 0. Box 2910 Austin, Texas 78769 Opinion No. JM-329 Re: Authority of a city to establish prevailing wage rates under article 5159a, V.T.C.S. Dear Representative Criss: You have inquired about the propriety of the procedures being used by the city of Houston to determine the prevailing wage rates to be paid to workers engaged in the construction of public works for that city. You state that Obviously, the establishment of a prevailing wage rate for building construction by the city of Houston will dramatically effect the livelihood of any working people in the Harris County area. It is my understanding that the city of Houston city council intends to adopt an alleged wage rate study recently completed by an independent con- tractor to the city in the very near future. The basis for the findings and conclusions of this alleged study is a weighted average rather than determining a general prevailing wage rate. My concern relates to the methods used by the city's agent to establish such a prevailing wage rate when tested by the unambiguous proscriptions and statutory directives of article 5159a, V.T.C.S. The pertinent parts of article 5159a read as follows: Section 1. Not less than the general pre- vailing rate of per diem wages for work of a similar character in the locality in which the work is performed . . . shall be paid to all laborers, workmen and mechanics employed by or on behalf of the State of Texas, or by or on behalf of any county, city and county, city, town, p. 1507

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