Chapter 2258, TXDOT certified payroll, and federal Davis-Bacon for Texas public works — covered from one tool.
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Texas doesn't have a state DOL publishing wage rates the way California (DIR) or New York (NYSDOL) do. Chapter 2258 of the Government Code puts that job on the contracting agency itself. Here's what that means for you.
Chapter 2258 covers state and local public works
Jobs contracted by the State of Texas, counties, cities, school districts, and other political subdivisions.
The contracting agency sets the rate
Whoever's awarding the contract has to set the prevailing wage for each craft in the area before you sign.
Davis-Bacon often adopted locally
Lots of Texas agencies skip the wage survey and just use the federal Davis-Bacon determination for their county.
Federal Davis-Bacon still applies
Any federal or federal-aid project in Texas over $2,000 requires weekly WH-347 under Davis-Bacon.
TXDOT federal-aid projects
TXDOT highway and infrastructure jobs with federal funding require Davis-Bacon compliance and certified payroll through TXDOT's CPS.
$60/day/worker penalty
Under Chapter 2258, you owe $60 per day to each underpaid worker, plus back wages and possible contract cancellation.
Federal Davis-Bacon and Chapter 2258 from one tool.
Know which rules hit your job.
| Feature | TX Chapter 2258 | Federal Davis-Bacon |
|---|---|---|
| Applies to | State/local public works | Federal + federal-aid projects |
| Rate set by | Contracting public body | U.S. Department of Labor |
| Threshold | Set by local agency | $2,000+ |
| Payroll form | Agency-specified | WH-347 |
| Submission frequency | Varies by agency | Weekly |
| Penalty | $60/day/worker | Back wages + debarment |
| Enforcement | Contracting agency | U.S. DOL WHD |
Texas doesn't have a state DOL, but Chapter 2258 still bites if you underpay workers on public works. And federal Davis-Bacon enforcement in Texas is just as tough as anywhere else.
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Start Free TrialNot really. Texas doesn't have a statewide law that sets rates for every public works job. What Texas has is Chapter 2258 of the Government Code — it requires workers on state and local public works to get paid the 'general prevailing rate' for the area, and the contracting body itself decides what that rate is before the bid goes out.
Chapter 2258 is Texas's prevailing wage law. Public bodies (state agencies, counties, cities, school districts) figure out the prevailing rate for each craft in the area, and contractors pay at least that. Unlike California or NY, there's no state DOL setting the rates — the contracting agency does it.
The contracting public body — the city, county, school district, or state agency that's awarding the work. A lot of Texas agencies just adopt the federal Davis-Bacon rates for their county instead of running their own surveys. TXDOT uses Davis-Bacon rates on federal-aid highway work.
Yep. Any federal or federal-aid construction job in Texas over $2,000 falls under Davis-Bacon. Includes federal building construction, military bases, VA facilities, HUD housing, and TXDOT projects with FHWA funds. You file weekly WH-347 to the contracting agency.
TXDOT wants certified payroll on federal-aid highway jobs under Davis-Bacon, and on state-funded work under Chapter 2258. Weekly reports go through TXDOT's electronic Certified Payroll System (CPS) on federal projects — classifications, hours, wages, and fringes.
Chapter 2258 hits you for $60 per day for each underpaid worker, plus back wages. The public body can hold payment, cancel the contract, and keep you off future public works. On federal projects, Davis-Bacon adds back wages, liquidated damages, and up to 3 years of federal debarment.
Federal and federal-aid projects? Yes, weekly WH-347 under Davis-Bacon. State and local public works under Chapter 2258? Depends on the contracting body. Most Texas cities and counties just use the federal weekly format anyway, even on state-only work, to keep things simple.
We build WH-347 certified payroll for federal Davis-Bacon and TXDOT federal-aid work. Import the Davis-Bacon determination for your Texas county and craft and pay is checked against it before you certify; Lydia, our AI assistant, explains each flag. Texas has no state certified payroll form that we produce; Chapter 2258 jobs run on the WH-347 and the weekly record.
Start free. Generate Davis-Bacon WH-347 reports for TXDOT and federal jobs in Texas.
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