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.
Structure Texas Statutes
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
Section 2258.052. Complaint; Initial Determination
Section 2258.053. Arbitration Required for Unresolved Issue
Section 2258.054. Arbitration Award; Costs
Section 2258.055. Arbitration Decision and Award Final
Section 2258.056. Payment by Public Body to Worker; Action to Recover Payment