The Board at its June 1993 meeting, adopted a policy which required that prevailing wage rates comparable to the rates promulgated under the federal Davis-Bacon Act be adopted for construction projects of the U. T. System that are subject to Article 5159a of Texas Revised Civil Statutes Annotated.

When the Board took this action, Article 5159a of Vernon's Texas Civil Statutes did not make any reference to the Davis-Bacon Act and did not state any method by which the public body should ascertain the general prevailing rate. Subsequently, on September 1, 1993, an amendment to Article 5159a became effective which required the public body to ascertain the prevailing wage either by conducting a survey, or by adopting Davis-Bacon rates "if the survey on which the Davis-Bacon rate was founded was conducted within three years prior to the bidding of the project." This three-year requirement did not make it feasible for Davis-Bacon rates to be used on U. T. System construction contracts because, as the U. S. Department of Labor which promulgates those rates advised, fewer than ten Texas counties, and no counties where the U. T. System has active construction projects, have been surveyed within three years.

Under those circumstances, the Board replaced its current policy with a policy of complying with the provisions of Article 5159a, as amended to date or as it may be amended or superseded in the future and as it may be from time to time interpreted by the courts or other competent authority. All instrumentalities of the state have been instructed to utilize as prevailing wages those wages determined by surveys conducted by the General Services Commission.

Policy on Prevailing Wage Rates

Upon recommendation of the Executive Committee, the Board:

a. Rescinded the policy adopted on June 10, 1993, regarding prevailing wage rates to be utilized by the U. T. System in construction contracts

b. Adopted a policy of using wage surveys for construction contracts, as authorized by Article 5159a, Texas Revised Civil Statutes Annotated and provided by the General Services Commission

c. Authorized such rates to be supplemented when necessary because of omissions of applicable classifications of labor.

Last reviewed September 2000