(a) The Commission has adopted the prevailing wage rates for the locality as determined by the United States Department of Labor in accordance with the Davis-Bacon Act, if the survey was conducted within three years before the Project in question is to be bid, or the wage determination of the Texas Workforce Commission, or other available sources. For counties designated in Texas Government Code, §2258.022(b), the Commission will use the "Davis-Bacon" rates and the wage rate determinations of the Texas Workforce Commission, or other available surveys, for the local and state average wage rate determinations.
(b) Affected workers, contractors and subcontractors are responsible for complying with Texas Government Code, Chapter 2258. The Commission is not a party to arbitration under Chapter 2258 of the Texas Government Code.

Source Note: The provisions of this §123.43 adopted to be effective March 18, 2002, 27 TexReg 2005; amended to be effective November 15, 2011, 36 TexReg 7658