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 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 155. Reports and Information Gathering Subchapter A. Construction Matters 37 TAC sec.155.1 The Texas Board of Criminal Justice (TDCJ) adopts on an emergency basis an amendment to sec.155.1, concerning construction matters. Information presented to the construction subcommittee of the board on May 12, 1993, indicates that the prevailing wage survey published for the Karnes County prison site and the survey data gathered for the Beeville prison site do not reflect prevailing wages in those localities. If the prevailing wage scales for the Karnes County site and the available survey date for the Beeville site were not corrected, construction schedules on the Cuero prison site could be disrupted, at an enormous cost to the state. The problems were unforeseen and unforeseeable. Other problems which combine to create an emergency include the jail backlog populations statewide; the pressing need to meet TDCJ construction schedules to avoid payment of fines that may exceed $1 million per month in Harris County jail suit ( Alberti v. Harris County, et al, CN CA-H-72-1094); the prospect that construction costs could exceed available funding for construction; and the possible harm to area contractors from incorrect wage scales. These factors combine to create an imminent threat to the public health and welfare which mandates that the board take emergency rule-making action. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 5159a, which require that the public body awarding any public works contract shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed. Rule-making authority with respect to prevailing wages and other matters governing the operation of the Texas Department of Criminal Justice is conferred upon the Texas Board of Criminal Justice by the Texas Government Code, sec.492.013(a). sec.155.1. Procedures To Determine Prevailing Wage Rates. (a)-(c) (No change.) (d) Ascertaining prevailing wage rates. (1) Date from the wage rate questionnaires will be compiled and analyzed to determine the prevailing wage rates being paid for the various classifications of labor. Criteria used to determine the Prevailing Wage Rates will include. (A)-(C) (No change.) (D) If the Board has reason to believe that the prevailing rates complied pursuant to procedures set forth in subparagraphs (A)-(C) of this paragraph are not the prevailing wage rates in the locality, or in the uniform service regions established under Chapter 19 Article 5, Rider 120 to the Appropriations Act, 72nd Legislature, First Called Session (1991), then the Board shall direct staff to obtain the most accurate documentation available to reflect the wage rates actually paid to construct a prison in that uniform service region. (e) Use of Determination. (1) (No change.) (2) Following determination of the Prevailing Wage Rates for a particular project, such Prevailing Wage Rates will not be changed unless: (A) (No change.) (B) [If prior to bid date for that project substantial evidence is presented to the Division] if the board has reason to believe
    that the survey data on which the
      determination was based does not reflect actual prevailing wages in the relevant labor market in the locality, then the wages actually paid to construct the most recent TDCJ prison project in the uniform service regions defined in this section shall be deemed to be prevailing. (f) (No change.) Issued in Austin, Texas, on May 19, 1993. TRD-9323155 Jackee Cox General Counsel Texas Department of Criminal Justice Effective date: May 19, 1993 Expiration date: August 17, 1993 For further information, please call: (512) 463-9988