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

Attorney General

Supreme Court Building
P. 0. Box 12548
Austin, TX. 78711- 2548
Telex 9101874-1367
Telecopler 512/475-0266
714 Jackson, Suite 700
Dallas, TX. 75202-4506
4824 Alberta Ave., Suite 160
El Paso, TX. 79905-2793
1001 Texas, Suite 700
Houston, TX. 77002-3111
806 Broadway, Suite 312
Lubbock, TX. 79401-3479
4309 N. Tenth, Suite 8
McAllen, TX. 78501-1685
200 Main Plaza, Suite 400
San Antonio, TX. 78205-2797
An Equal Opportunityl
Affirmative Action Employer

Honorable Lloyd Criss
Committee on Labor and Employment
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,

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,
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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