Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part V. General Services Commission Chapter 123. Facilities, Planning, and Construction Prevailing Wage Rate Determination 1 TAC sec.sec.123.31, 123.33, 123.34 The General Services Commission adopts on an emergency basis amendments to sec.sec.123.31, 123.33, 123.34, concerning prevailing wage rate determinations. The amendments to sec.123.31 define "wages" and make non-substantive technical changes. Amendments to sec.123.33 lower the percentage of workers receiving the same wage that will be considered prevailing and make non-substantive technical changes. Amendments to sec.123.34 make non-substantive technical changes and permit changes in a published wage rate schedule upon substantial, instead of overwhelming, evidence that the data used does not reflect actual wages. The amendments are adopted on an emergency basis for immediate application to wage surveys which must be completed within 60 days to prevent construction project delays. The amendments are adopted on an emergency basis under Texas Civil Statutes, Article 601b, Article 5, which provide the General Services Commission with the authority to promulgate rules necessary to implement the provisions of that article. sec.123.31. Prevailing Wage Rates. (a) (No change.) (b) The wage scale will reflect wages
    [the rates] ascertained by the commission as prevailing in the locality of the project for each craft or type of worker
      [workman] required thereon and not less than this rate shall be paid by any contractor on the project. "Wages" means the basic hourly rate of pay plus payments made to or on behalf of employees for health insurance, pension plans, death benefits, workers' compensation insurance, unemployment benefits, and vacation pay. (c) (No change.) sec.123.33. Ascertaining Prevailing Wage Rates. (a) Data from wage rate questionnaires shall be compiled and analyzed to determine the prevailing wage rate being paid for the various classifications of labor. Criteria used to determine the prevailing rate shall include the following. (1) (No change.) (2) When more than 50%
        [ a majority] of workers within a given classification are reported to have received hourly pay rates within $1.00 of each other, the weighted average of these rates will be considered as prevailing. "
          Weighted average"means
            [, as used herein, is defined as] the wage rate for a given classification produced by multiplying each rate reported by the number of employees receiving that rate, and dividing the cumulative products by the total number of employees reported for the classification. (3)-(4) (No change.) [(5) In case of conflict between paragraphs (1)-(4) of this subsection of inability to obtain adequate survey data on which to act, determination of the prevailing rate will be based upon the best judgment of the analyst after giving consideration to any and all additional data at his disposal.] (b) The project schedule of prevailing wage rates will be determined in accordance with the [above] procedures of subsection (a) of this section
              , provided that if federal funds are to be used in any aspect of a particular construction project, the wage rates determined by the U.S. Department of Labor shall be used for the entire project
                [: [(1) in those instances where Federal funds are contingent upon use of a wage rate determined by the U.S. Department of Labor, all other data, no matter how conclusive, will be ignored; and [(2) except when U.S. Department of Labor rates are imposed, the wage rates established will reflect only the basic hourly rates and will not include such fringe benefits as retirement, insurance, vacations, etc.] sec.123.34. Use of Determination. (a) Prevailing wage rate determinations
                  [determination] shall be utilized by the commission to establish wage rates for construction projects administered by the commission.
                    [as follows: [(1) for establishing wage rate schedules for all projects administered by the commission in the locality where determination is made for a period of 12 months; [(2) maintained in a record file for use by the commission.] (b) [Option to make changes in the schedule rests solely with the commission.] Once a prevailing wage
                      rate schedule
                        has been determined and published, it will not be changed unless
                          [except under the following conditions]: (1) it is necessary to add an omitted wage rate; or [inadvertent omission of a needed rate from the published schedule;] (2) substantial
                            [overwhelming] evidence is presented to the commission
                              that the survey data on which determination was based does not reflect actual prevailing wages
                                [the true conditions] in the relevant
                                  labor market. (c) (No change.) Issued in Austin, Texas, on November 9, 1992. TRD-9215174 Judith M. Porras Director, Legal Information and Human Resources General Services Commission Effective date: November 10, 1992 Expiration date: March 10, 1992 For further information, please call: (512) 463-3446 1 TAC sec.123.32 The General Services Commission adopts on an emergency basis the repeal of sec.123.32, concerning prevailing wage rate determinations. The repeal of sec.123.32 eliminates obsolete language. The repeal is adopted on an emergency basis so that a new section can be adopted for immediate application to wage surveys which must be completed within 60 days to prevent construction project delays. The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 601b, Article 5, which provide the General Services Commission with the authority to promulgate rules necessary to implement the provisions of that article. sec.123.32. Data Gathering Procedures. Issued in Austin, Texas, on November 10, 1992. TRD-9215170 Judith M. Porras Director, Legal Information and Human Resources General Services Commission Effective date: November 10, 1992 Expiration date: March 10, 1992 For further information, please call: (512) 463-3446 The General Services Commission adopts on an emergency basis new sec.123. 32, concerning prevailing wage rate determinations. New sec.123.32 clarifies procedures, adds sources of information, and describes the geographic area to be used to determine prevailing wages when information available on a county basis is insufficient. The new section is adopted on an emergency basis for immediate application to wage surveys which must be completed within 60 days to prevent construction project delays. The new section is adopted on an emergency basis under Texas Civil Statutes, Article 601b, Article 5, which provide the General Services Commission with the authority to promulgate rules necessary to implement the provisions of that article. sec.123.32. Data Gathering Procedures. (a) The commission shall conduct a survey of contractors, labor organizations, and any other interested parties in the locality in which the work is performed to determine the wages paid to various classifications of workers and the number of workers receiving that wage. (b) If information is presented to the commission indicating that a survey in a particular county is not sufficiently representative due to the lack of construction projects of comparable size in that county or, in the judgement of the commission, survey data is in some other way insufficient, the commission may extend the area of a survey to contiguous counties. If the data is still insufficient, the commission may survey the service region, established under Chapter 19, Article V., sec.120, Acts, 72nd Legislature, First Called Session (1991), in which the county of the project is located. (c) To support primary survey data or as a data source when surveys are impractical, the commission may: (1) interview other public contracting authorities in the locality to determine their experience; (2) obtain U.S. Department of Labor Wage Determinations; (3) obtain copies of wage rates published by labor and construction related organizations; or (4) determine nature and volume of building permits issued in the locality when such data is beneficial in confirming prevailing rates. (d) The survey procedure is as follows. (1) The commission will prepare master lists of contractors doing business in the locality. (2) The lists shall be compiled from the yellow pages of the telephone book in the locality, and by contacting all contractor associations and labor organizations which maintain an office in the locality being surveyed; or such other source that will provide the most complete list of all contractors in the locality. If no office is maintained by a contractor association or labor organization in the locality, the commission may contact statewide organizations for names of additional contractors in the locality. (3) Lists shall be as complete as possible but may exclude those contractors whose contribution to the local work force is negligible. (4) Master lists will be broken down into the following categories: (A) general and building contractors; (B) sitework (paving, grading, excavation) contractors; (C) utility (water, gas, sewer collection, and distribution) contractors; (D) plumbing (building systems) contractors; (E) mechanical (HVAC) contractors; (F) electrical contractors; (G) roofing contractors; (H) painting contractors; (I) others as may be applicable to a specific project or locality. (5) Contractors within the listed categories will not be classified as to size of their operation. Whether a contractor confines his operation to projects of a particular type or size (residential, commercial, industrial, etc.) will be considered when it is apparent that such specialization is common in the locality and is reflected in the wages prevailing therein. (6) The commission will attempt to contact each contractor and labor organization on the master list to obtain data on those wages being paid and an estimate of the contractor's work force. Contact will be by mail or personal interview using a standard questionnaire devised by the commission for reporting information. Signed collective bargaining agreements shall be considered in determining prevailing wage rates. (7) Surveys will be conducted not less than once each 12 months in the locality where construction projects are administered on a continuing frequency. In areas where projects are infrequent a survey will be made for each project unless there was a survey conducted within the previous 12-month period. (8) After questionnaires are mailed, the commission will allow 30 days for responses. All data received up to that time will be compiled and a prevailing wage rate ascertained. Issued in Austin, Texas, on November 10, 1992. TRD-9215169 Judith M. Porras Director, Legal Information and Human Resources General Services Commission Effective date: November 10, 1992 Expiration date: March 10, 1992 For further information, please call: (512) 463-3446 TITLE 22. HEALTH SERVICES Part XXVI. Board of Licensure for Professional Medical Physicists Chapter 601. Medical Physicists 22 TAC sec.sec.601.1-601.18 The Board of Licensure for Professional Medical Physicists is renewing the effectiveness of the emergency adoption of new sec.sec.601.1-601.18, for a 60- day period effective December 1, 1992. The text of new sec.sec.601.1-601.18 was originally published in the August 11, 1992, issue of the Texas Register (17 TexReg 5595). Issued in Austin, Texas, on November 16, 1992. TRD-9215381 Robert A. MacLean, M.D. Deputy Commissioner Board of Licensure for Professional Medical Physicists Effective date: December 1, 1992 Expiration date: December 14, 1992 For further information, please call: (512) 458-7236 TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 98. HIV and STD Control Subchapter C. Texas HIV Medication Program General Provisions 25 TAC sec.98.104, sec.98.105 The Texas Department of Health is renewing the effectiveness of the emergency adoption of amended sec.98.104 and sec.98.105, for a 60-day period effective November 24, 1992. The text of amended sec.98.104 and sec.98.105 was originally published in the August 4, 1992, issue of the Texas Register (17 TexReg 5406). Issued in Austin, Texas, on November 16, 1992. TRD-9215382 Robert A. MacLean, M.D. Deputy Commissioner Texas Department of Health Effective date: November 24, 1992 Expiration date: December 15, 1992 For further information, please call: (512) 458-7236