Sec. 2258.023.  PREVAILING WAGE RATES TO BE PAID BY CONTRACTOR AND SUBCONTRACTOR;  PENALTY.  (a)  The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract.
(b)  A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract.  A public body awarding a contract shall specify this penalty in the contract.
(c)  A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided by Section 2258.022.
(d)  The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter.
(e)  A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.49(a), eff. Sept. 1, 1995.