HB4536 - Relating to notice submitted to state and local contractors of complaints alleging a violation of certain prevailing wage laws.

  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.