reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter C. Custodian; Permitted Institution › Section 2257.045. Receipt of Security by Custodian

Sec. 2257.045.  RECEIPT OF SECURITY BY CUSTODIAN.  (a)  On receipt of an investment security, a custodian shall  immediately identify on its books and records, by book entry or another method, the pledge of the security to the public entity.
(b)  For a deposit of public funds under Subchapter F, the custodian shall issue and deliver to the comptroller a trust receipt for the pledged security.
(c)  For any other deposit of public funds under this chapter, at the written direction of the appropriate public entity officer, the custodian shall:
(1)  issue and deliver to the appropriate public entity officer a trust receipt for the pledged security; or
(2)  issue and deliver a trust receipt for the pledged security to the public entity's depository and instruct the depository to deliver the trust receipt to the public entity officer immediately.
(d)  The custodian shall issue and deliver the trust receipt as soon as practicable on the same business day on which the investment security is received.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 434 (S.B. 581), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter C. Custodian; Permitted Institution › Section 2257.046. Books and Records of Custodian; Inspection

Sec. 2257.046.  BOOKS AND RECORDS OF CUSTODIAN;  INSPECTION.  (a)  A public entity's custodian shall maintain a separate, accurate, and complete record relating to each pledged investment security and each transaction relating to a pledged investment security.
(b)  The comptroller or the public entity may examine and verify at any reasonable time a pledged investment security or a record a custodian maintains under this section.  The public entity or its agent may inspect at any time an investment security evidenced by a trust receipt.
(c)  The public entity's custodian shall file a collateral report with the comptroller in the manner and on the dates prescribed by the comptroller.
(d)  At the request of the appropriate public entity officer, the public entity's custodian shall provide a current list of all pledged investment securities.  The list must include, for each pledged investment security:
(1)  the name of the public entity;
(2)  the date the security was pledged to secure the public entity's deposit;
(3)  the Committee on Uniform Security Identification Procedures (CUSIP) number of the security;
(4)  the face value and maturity date of the security; and
(5)  the confirmation number on the trust receipt issued by the custodian.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.18, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 434 (S.B. 581), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter C. Custodian; Permitted Institution › Section 2257.047. Books and Records of Permitted Institution

Sec. 2257.047.  BOOKS AND RECORDS OF PERMITTED INSTITUTION.  (a)  A permitted institution may apply book entry procedures when an investment security held by a custodian is deposited under Section 2257.042.
(b)  A permitted institution's records must at all times state the name of the custodian that deposits an investment security in the permitted institution.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter C. Custodian; Permitted Institution › Section 2257.048. Attachment and Perfection of Security Interest

Sec. 2257.048.  ATTACHMENT AND PERFECTION OF SECURITY INTEREST.  (a)  A security interest that arises out of a depository's pledge of a security to secure a deposit of public funds by a public entity or an institution of higher education, as defined by Section 61.003, Education Code, is created, attaches, and is perfected for all purposes under state law from the time that the custodian identifies the pledge of the security on the custodian's books and records and issues the trust receipt.
(b)  A security interest in a pledged security remains perfected in the hands of a subsequent custodian or permitted institution.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter D. Audits and Examinations; Penalties › Section 2257.061. Audits and Examinations

Sec. 2257.061.  AUDITS AND EXAMINATIONS.  As part of an audit or regulatory examination of a public entity's depository or custodian, the auditor or examiner shall:
(1)  examine and verify pledged investment securities and records maintained under Section 2257.025 or 2257.046;  and
(2)  report any significant or material noncompliance with this chapter to the comptroller.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.19, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter D. Audits and Examinations; Penalties › Section 2257.062. Penalties

Sec. 2257.062.  PENALTIES.  (a)  The comptroller may revoke a depository's designation as a state depository for one year if, after notice and a hearing, the comptroller makes a written finding that the depository, while acting as either a depository or a custodian:
(1)  did not maintain reasonable compliance with this chapter;  and
(2)  failed to remedy a violation of this chapter within a reasonable time after receiving written notice of the violation.
(b)  The comptroller may permanently revoke a depository's designation as a state depository if the comptroller makes a written finding that the depository:
(1)  has not maintained reasonable compliance with this chapter;  and
(2)  has acted in bad faith by not remedying a violation of this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.19, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter D. Audits and Examinations; Penalties › Section 2257.063. Mitigating Circumstances

Sec. 2257.063.  MITIGATING CIRCUMSTANCES.  (a)  The comptroller shall consider the total circumstances relating to the performance of a depository or custodian when the comptroller makes a finding required by Section 2257.062, including the extent to which the noncompliance is minor, isolated, temporary, or nonrecurrent.
(b)  The comptroller may not find that a depository or custodian did not maintain reasonable compliance with this chapter if the noncompliance results from the public entity's failure to comply with Section 2257.026.
(c)  This section does not relieve a depository or custodian of the obligation to secure a deposit of public funds with eligible security in the amount and manner required by this chapter within a reasonable time after the public entity deposits the deposit of public funds with the depository.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.19, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter D. Audits and Examinations; Penalties › Section 2257.064. Reinstatement

Sec. 2257.064.  REINSTATEMENT.  The comptroller may reinstate a depository's designation as a state depository if:
(1)  the comptroller determines that the depository has remedied all violations of this chapter;  and
(2)  the depository assures the comptroller to the comptroller's satisfaction that the depository will maintain reasonable compliance with this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.19, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter E. Exempt Institutions › Section 2257.081. Definition

Sec. 2257.081.  DEFINITION.  In this subchapter, "exempt institution" means:
(1)  a public retirement system, as defined by Section 802.001;  or
(2)  the permanent school fund, as described by Section 43.001, Education Code.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.31, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter E. Exempt Institutions › Section 2257.082. Funds of Exempt Institution

Sec. 2257.082.  FUNDS OF EXEMPT INSTITUTION.  An exempt institution is not required to have its funds fully insured or collateralized at all times if:
(1)  the funds are held by:
(A)  a custodian of the institution's assets under a trust agreement;  or
(B)  a person in connection with a transaction related to an investment;  and
(2)  the governing body of the institution, in exercising its fiduciary responsibility, determines that the institution is adequately protected by using a trust agreement, special deposit, surety bond, substantial deposit insurance, or other method an exempt institution commonly uses to protect itself from liability.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2257 - Collateral for Public Funds › Subchapter E. Exempt Institutions › Section 2257.083. Investment; Selection of Depository

Sec. 2257.083.  INVESTMENT;  SELECTION OF DEPOSITORY.  This chapter does not:
(1)  prohibit an exempt institution from prudently investing in a certificate of deposit;  or
(2)  restrict the selection of a depository by the governing body of an exempt institution in accordance with its fiduciary duty.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 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 2257.101. Definition

Sec. 2257.101.  DEFINITION.  In this subchapter, "participating institution" means a financial institution that holds one or more deposits of public funds and that participates in the pooled collateral program under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 486 (S.B. 638), Sec. 1, eff. September 1, 2009.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 2258.053. Arbitration Required for Unresolved Issue

Sec. 2258.053.  ARBITRATION REQUIRED FOR UNRESOLVED ISSUE.  (a)  An issue relating to an alleged violation of Section 2258.023, including a penalty owed to a public body or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the public body makes its initial determination under Section 2258.052.
(b)  If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required under Subsection (a), a district court shall appoint an arbitrator on the petition of any of the persons.
(c)  A public body is not a party in the arbitration.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.
2023 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 2258.054. Arbitration Award; Costs

Sec. 2258.054.  ARBITRATION AWARD;  COSTS.  (a)  If an arbitrator determines that Section 2258.023 has been violated, the arbitrator shall assess and award against the contractor or subcontractor:
(1)  penalties as provided by Section 2258.023 and this section;  and
(2)  all amounts owed to the affected worker.
(b)  An arbitrator shall assess and award all reasonable costs, including the arbitrator's fee, against the party who does not prevail.  Costs may be assessed against the worker only if the arbitrator finds that the claim is frivolous.  If the arbitrator does not find that the claim is frivolous and does not make an award to the worker, costs are shared equally by the parties.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.
2023 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 2258.055. Arbitration Decision and Award Final

Sec. 2258.055.  ARBITRATION DECISION AND AWARD FINAL.  The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.
2023 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 2258.056. Payment by Public Body to Worker; Action to Recover Payment

Sec. 2258.056.  PAYMENT BY PUBLIC BODY TO WORKER;  ACTION TO RECOVER PAYMENT.  (a)  A public body shall use any amounts retained under this chapter to pay the worker the difference between the amount the worker received in wages for labor on the public work at the rate paid by the contractor or subcontractor and the amount the worker would have received at the general prevailing wage rate as provided in the arbitrator's award.
(b)  The public body may adopt rules, orders, or ordinances relating to the manner in which a reimbursement is made.
(c)  If the amounts retained by a public body under this chapter are not sufficient for the public body to pay the worker the full amount owed, the worker has a right of action against the contractor or subcontractor and the surety of the contractor or subcontractor to recover the amount owed, reasonable attorney's fees, and court costs.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.
2023 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 2258.057. Withholding by Contractor

Sec. 2258.057.  WITHHOLDING BY CONTRACTOR.  (a)  A contractor may withhold from a subcontractor sufficient money to cover an amount withheld from the contractor by a public body because the subcontractor violated this chapter.
(b)  If the contractor has made a payment to the subcontractor, the contractor may withhold money from any future payments owed to the subcontractor or sue the subcontractor or the subcontractor's surety for the amount withheld from the contractor by a public body because of the subcontractor's violation.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.
2023 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 2258.058. Criminal Offense

Sec. 2258.058.  CRIMINAL OFFENSE.  (a)  An officer, agent, or representative of the state or of a political subdivision of the state commits an offense if the person wilfully violates or does not comply with a provision of this chapter.
(b)  A contractor or subcontractor of a public work under this chapter, or an agent or representative of the contractor or subcontractor, commits an offense if the person violates Section 2258.024.
(c)  An offense under this section is punishable by:
(1)  a fine not to exceed $500;
(2)  confinement in jail for a term not to exceed six months;  or
(3)  both a fine and confinement.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter A. General Provisions › Section 2259.001. Definitions

Sec. 2259.001.  DEFINITIONS.  In this chapter:
(1)  "Governmental unit" means:
(A)  a state agency or institution;
(B)  a local government;  or
(C)  an entity acting on behalf of a state agency or institution or local government.
(2)  "Local government" means a municipality or other political subdivision of this state or a combination of political subdivisions, including a combination created under Chapter 791.
(3)  "Public security" means an obligation authorized to be issued under this chapter, including a bond, certificate, or note.
(4)  "State agency or institution" includes an institution of higher education.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter A. General Provisions › Section 2259.002. Self-Insurance Not Waiver of Immunity

Sec. 2259.002.  SELF-INSURANCE NOT WAIVER OF IMMUNITY.  The establishment and maintenance of a self-insurance program by a governmental unit is not a waiver of immunity or of a defense of the governmental unit or its employees.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter B. Self-Insurance Fund › Section 2259.031. Establishment of Fund

Sec. 2259.031.  ESTABLISHMENT OF FUND.  (a)  A governmental unit may establish a self-insurance fund to protect the governmental unit and its officers, employees, and agents from any insurable risk or hazard.
(b)  The governmental unit may:
(1)  issue public securities and use the proceeds for all or part of the fund;  or
(2)  use any money available to the governmental unit for the fund.
(c)  The governmental unit may purchase reinsurance for a risk covered through the fund.
(d)  Any law, including a regulation, requiring insurance may be satisfied by coverage provided through the fund.
(e)  Any law, including a regulation, requiring a certificate of insurance or an insurance agent's signature, countersignature, or approval may be satisfied by a certificate of coverage issued on behalf of the governmental unit demonstrating that coverage is provided through the fund.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 428 (S.B. 531), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter B. Self-Insurance Fund › Section 2259.032. Public Purpose

Sec. 2259.032.  PUBLIC PURPOSE.  The issuance of a public security or the use of available money for a self-insurance fund under this subchapter is a public purpose of the governmental unit.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter B. Self-Insurance Fund › Section 2259.033. Payment Source for Public Securities: State Agency or Institution

Sec. 2259.033.  PAYMENT SOURCE FOR PUBLIC SECURITIES:  STATE AGENCY OR INSTITUTION.  Public securities issued by a state agency or institution under this subchapter may be payable from any available source of revenue.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter B. Self-Insurance Fund › Section 2259.034. Payment Source for Public Securities: Local Government

Sec. 2259.034.  PAYMENT SOURCE FOR PUBLIC SECURITIES:  LOCAL GOVERNMENT.  (a)  Public securities issued by a local government under this subchapter may be payable from taxes imposed by and revenues of the local government, including:
(1)  ad valorem, sales and use, and hotel occupancy taxes;
(2)  revenue derived by the local government from any system or other specified source;  or
(3)  any combination of taxes and revenue.
(b)  The issuance of public securities by a local government under this subchapter that are payable from ad valorem taxes is subject to the laws applicable to the issuance of public securities by the local government for other purposes, including Chapter 1251, with respect to the necessity for and conduct of an election.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter B. Self-Insurance Fund › Section 2259.035. Sale of Public Securities

Sec. 2259.035.  SALE OF PUBLIC SECURITIES.  A governmental unit may sell public securities issued under this subchapter at a public or private sale.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter B. Self-Insurance Fund › Section 2259.036. County or Municipal Certificates of Obligation

Sec. 2259.036.  COUNTY OR MUNICIPAL CERTIFICATES OF OBLIGATION.  As provided by Subchapter C, Chapter 271, Local Government Code,  a county or municipality may issue and sell for cash, at a public or private sale, certificates of obligation for the establishment and maintenance of a self-insurance fund under this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter B. Self-Insurance Fund › Section 2259.037. Applicability of Insurance Laws

Sec. 2259.037.  APPLICABILITY OF INSURANCE LAWS.  The Insurance Code and other laws of this state relating to the provision or regulation of insurance do not apply to:
(1)  an agreement entered into under this subchapter;  or
(2)  the proceeds of public securities issued under this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter C. Risk Retention Groups › Section 2259.061. Formation of Risk Retention Group

Sec. 2259.061.  FORMATION OF RISK RETENTION GROUP.  A governmental unit may form or become a member of a risk retention group formed under the Liability Risk Retention Act of 1986 (15 U.S.C. Section 3901 et seq.) to obtain insurance against an insurable risk.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2259 - Self-Insurance by Governmental Units › Subchapter C. Risk Retention Groups › Section 2259.062. Payment Source for Group: State Agency or Institution

Sec. 2259.062.  PAYMENT SOURCE FOR GROUP:  STATE AGENCY OR INSTITUTION.  A state agency or institution may make a payment under a risk retention group agreement from any source, including a legislative appropriation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1999.