reglab/housing_qa huggingface dataset:
TX Govt Code § 2257.102 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.102. Pooled Collateral Program

Sec. 2257.102.  POOLED COLLATERAL PROGRAM.  (a)  As an alternative to collateralization under Subchapter B, the comptroller by rule shall establish a program for centralized pooled collateralization of deposits of public funds and for monitoring collateral maintained by participating institutions.  The rules must provide that deposits of public funds of a county are not eligible for collateralization under the program.  The comptroller shall provide for a separate collateral pool for any single participating institution's deposits of public funds.(b)  Under the pooled collateral program, the collateral of a participating institution pledged for a public deposit may not be combined with, cross-collateralized with, aggregated with, or pledged to another participating institution's collateral pools for pledging purposes.(c)  A participating institution may pledge its pooled securities to more than one participating depositor under contract with that participating institution.(d)  The pooled collateral program must provide for:(1)  participation in the program by a participating institution and each affected public entity to be voluntary;(2)  uniform procedures for processing all collateral transactions that are subject to an approved security agreement described by Section 2257.103; and(3)  the pledging of a participating institution's collateral securities using a single custodial account instead of an account for each depositor of public funds.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.103 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.103. Participation in Pooled Collateral Program

Sec. 2257.103.  PARTICIPATION IN POOLED COLLATERAL PROGRAM.  A financial institution may participate in the pooled collateral program only if:(1)  the institution has entered into a binding collateral security agreement with a public agency for a deposit of public funds and the agreement permits the institution's participation in the program;(2)  the comptroller has approved the institution's participation in the program; and(3)  the comptroller has approved or provided the collateral security agreement form used.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.104 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.104. Collateral Required; Custodian Trustee

Sec. 2257.104.  COLLATERAL REQUIRED; CUSTODIAN TRUSTEE.  (a)  Each participating institution shall secure its deposits of public funds with eligible securities the total value of which equals at least 102 percent of the amount of the deposits of public funds covered by a security agreement described by Section 2257.103 and deposited with the participating institution, reduced to the extent that the United States or an instrumentality of the United States insures the deposits.  For purposes of determining whether collateral is sufficient to secure a deposit of public funds, Section 2257.022(b) does not apply to a deposit of public funds held by the participating institution and collateralized under this subchapter.(b)  A participating institution shall provide for the collateral securities to be held by a custodian trustee, on behalf of the participating institution, in trust for the benefit of the pooled collateral program.  A custodian trustee must qualify as a custodian under Section 2257.041.(c)  The comptroller by rule shall regulate a custodian trustee under the pooled collateral program in the manner provided by Subchapter C to the extent practicable.  The rules must ensure that a custodian trustee depository does not own, is not owned by, and is independent of the financial institution or institutions for which it holds the securities in trust, except that the rules must allow the following to be a custodian trustee:(1)  a federal reserve bank;(2)  a banker's bank, as defined by Section 34.105, Finance Code; and(3)  a federal home loan bank.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.105 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.105. Monitoring Collateral

Sec. 2257.105.  MONITORING COLLATERAL.  (a)  Each participating institution shall file the following reports with the comptroller electronically and as prescribed by rules of the comptroller:(1)  a daily report of the aggregate ledger balance of deposits of public agencies participating in the pooled collateral program that are held by the institution, with each public entity's funds held itemized;(2)  a weekly summary report of the total market value of securities held by a custodian trustee on behalf of the participating institution;(3)  a monthly report listing the collateral securities held by a custodian trustee on behalf of the participating institution, together with the value of the securities; and(4)  as applicable, a participating institution's annual report that includes the participating institution's financial statements.(b)  The comptroller shall provide the participating institution an acknowledgment of each report received.(c)  The comptroller shall provide a daily report of the market value of the securities held in each pool.(d)  The comptroller shall post each report on the comptroller's Internet website.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.106 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.106. Annual Assessment

Sec. 2257.106.  ANNUAL ASSESSMENT.  (a)  Once each state fiscal year, the comptroller shall impose against each participating institution an assessment in an amount sufficient to pay the costs of administering this subchapter.  The amount of an assessment must be based on factors that include the number of public entity accounts a participating institution maintains, the number of transactions a participating institution conducts, and the aggregate average weekly deposit amounts during that state fiscal year of each participating institution's deposits of public funds collateralized under this subchapter.  The comptroller by rule shall establish the formula for determining the amount of the assessments imposed under this subsection.(b)  The comptroller shall provide to each participating institution a notice of the amount of the assessment against the institution.(c)  A participating institution shall remit to the comptroller the amount assessed against it under this section not later than the 45th day after the date the institution receives the notice under Subsection (b).(d)  Money remitted to the comptroller under this section may be appropriated only for the purposes of administering this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.107 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.107. Penalty for Reporting Violation

Sec. 2257.107.  PENALTY FOR REPORTING VIOLATION.  The comptroller may impose an administrative penalty against a participating institution that does not timely file a report required by Section 2257.105.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.108 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.108. Notice of Collateral Violation; Administrative Penalty

Sec. 2257.108.  NOTICE OF COLLATERAL VIOLATION; ADMINISTRATIVE PENALTY.  (a)  The comptroller may issue a notice to a participating institution that the institution appears to be in violation of collateral requirements under Section 2257.104 and rules of the comptroller.(b)  The comptroller may impose an administrative penalty against a participating institution that does not maintain collateral in an amount and in the manner required by Section 2257.104 and rules of the comptroller if the participating institution has not remedied the violation before the third business day after the date a notice is issued under Subsection (a).|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.109 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.109. Penalty for Failure to Pay Assessment

Sec. 2257.109.  PENALTY FOR FAILURE TO PAY ASSESSMENT.  The comptroller may impose an administrative penalty against a participating institution that does not pay an assessment against it in the time provided by Section 2257.106(c).|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.110 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.110. Penalty Amount; Penalties Not Exclusive

Sec. 2257.110.  PENALTY AMOUNT; PENALTIES NOT EXCLUSIVE.  (a)  The comptroller by rule shall adopt a formula for determining the amount of a penalty under this subchapter.  For each violation and for each day of a continuing violation, a penalty must be at least $100 per day and not more than $1,000 per day.  The penalty must be based on factors that include:(1)  the aggregate average weekly deposit amounts during the state fiscal year of the institution's deposits of public funds;(2)  the number of violations by the institution during the state fiscal year;(3)  the number of days of a continuing violation; and(4)  the average asset base of the institution as reported on the institution's year-end report of condition.(b)  The penalties provided by Sections 2257.107-2257.109 are in addition to those provided by Subchapter D or other law.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.111 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.111. Penalty Proceeding Contested Case

Sec. 2257.111.  PENALTY PROCEEDING CONTESTED CASE.  A proceeding to impose a penalty under Section 2257.107, 2257.108, or 2257.109 is a contested case under Chapter 2001.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.112 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.112. Suit to Collect Penalty

Sec. 2257.112.  SUIT TO COLLECT PENALTY.  The attorney general may sue to collect a penalty imposed under Section 2257.107, 2257.108, or 2257.109.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.113 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.113. Enforcement Stayed Pending Review

Sec. 2257.113.  ENFORCEMENT STAYED PENDING REVIEW.  Enforcement of a penalty imposed under Section 2257.107, 2257.108, or 2257.109 may be stayed during the time the order is under judicial review if the participating institution pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty.  A participating institution that cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right of the comptroller to contest the affidavit as provided by those rules.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2257.114 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2257 - Collateral for Public Funds|Subchapter F. Pooled Collateral to Secure|Section 2257.114. Use of Collected Penalties

Sec. 2257.114.  USE OF COLLECTED PENALTIES.  Money collected as penalties under this subchapter may be appropriated only for the purposes of administering this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.|
TX Govt Code § 2258.001 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter A. General Provisions|Section 2258.001. Definitions

Sec. 2258.001.  DEFINITIONS.  In this chapter:(1)  "Locality in which the work is performed" means:(A)  for a contract for a public work awarded by the state, the political subdivision of the state in which the public work is located:(i)  which may include a county, municipality, county and municipality, or district, except as provided by Subparagraph (ii);  and(ii)  which, in a municipality with a population of 500,000 or more, may only include the geographic limits of the municipality;  or(B)  for a contract for a public work awarded by a political subdivision of the state, the geographical limits of the political subdivision.(2)  "Public body" means a public body awarding a contract for a public work on behalf of the state or a political subdivision of the state.(3)  "Worker" includes a laborer or mechanic.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 14.04, eff. Sept. 1, 2001.|
TX Govt Code § 2258.002 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter A. General Provisions|Section 2258.002. Applicability of Chapter to Public Works

Sec. 2258.002.  APPLICABILITY OF CHAPTER TO PUBLIC WORKS.  (a)  This chapter applies only to the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction.(b)  This chapter does not apply to work done directly by a public utility company under an order of a public authority.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.|
TX Govt Code § 2258.003 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter A. General Provisions|Section 2258.003. Liability

Sec. 2258.003.  LIABILITY.  An officer, agent, or employee of a public body is not liable in a civil action for any act or omission implementing or enforcing this chapter unless the action was made in bad faith.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.|
TX Govt Code § 2258.021 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter B. Payment of Prevailing Wage Rates|Section 2258.021. Right to Be Paid Prevailing Wage Rates

Sec. 2258.021.  RIGHT TO BE PAID PREVAILING WAGE RATES.  (a)  A worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be paid:(1)  not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed;  and(2)  not less than the general prevailing rate of per diem wages for legal holiday and overtime work.(b)  Subsection (a) does not apply to maintenance work.(c)  A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 18.01, eff. Sept. 1, 1997.|
TX Govt Code § 2258.023 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter B. Payment of Prevailing Wage Rates|Section 2258.023. Prevailing Wage Rates to Be Paid by Contractor and Subcontractor; Penalty

Sec. 2258.023.  PREVAILING WAGE RATES TO BE PAID BY CONTRACTOR AND SUBCONTRACTOR;  PENALTY.  (a)  The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract.(b)  A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.  A public body awarding a contract shall specify this penalty in the contract.(c)  A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided by Section 2258.022.(d)  The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter.(e)  A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.|
TX Govt Code § 2258.024 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter B. Payment of Prevailing Wage Rates|Section 2258.024. Records

Sec. 2258.024.  RECORDS.  (a)  A contractor and subcontractor shall keep a record showing:(1)  the name and occupation of each worker employed by the contractor or subcontractor in the construction of the public work;  and(2)  the actual per diem wages paid to each worker.(b)  The record shall be open at all reasonable hours to inspection by the officers and agents of the public body.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.|
TX Govt Code § 2258.025 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter B. Payment of Prevailing Wage Rates|Section 2258.025. Payment Greater Than Prevailing Rate Not Prohibited

Sec. 2258.025.  PAYMENT GREATER THAN PREVAILING RATE NOT PROHIBITED.  This chapter does not prohibit the payment to a worker employed on a public work an amount greater than the general prevailing rate of per diem wages.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.|
TX Govt Code § 2258.026 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter B. Payment of Prevailing Wage Rates|Section 2258.026. Reliance on Certificate of Subcontractor

Sec. 2258.026.  RELIANCE ON CERTIFICATE OF SUBCONTRACTOR.  A contractor is entitled to rely on a certificate by a subcontractor regarding the payment of all sums due those working for the subcontractor until the contrary has been determined.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.|
TX Govt Code § 2258.051 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter C. Enforcement; Civil and Criminal Penalties|Section 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment

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;  and(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.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.|
TX Govt Code § 2258.052 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle F - State and Local Contracts and Fund Management|Chapter 2258 - Prevailing Wage Rates|Subchapter C. Enforcement; Civil and Criminal Penalties|Section 2258.052. Complaint; Initial Determination

Sec. 2258.052.  COMPLAINT;  INITIAL DETERMINATION.  (a)  On receipt of information, including a complaint by a worker, concerning an alleged violation of Section 2258.023 by a contractor or subcontractor, a public body shall make an initial determination as to whether good cause exists to believe that the violation occurred.(b)  A public body must make its determination under Subsection (a) before the 31st day after the date the public body receives the information.(c)  A public body shall notify in writing the contractor or subcontractor and any affected worker of its initial determination.(d)  A public body shall retain any amount due under the contract pending a final determination of the violation.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.|