Texas prevailing wage: state law and Davis-Bacon rates
Source: Texas Government Code, Chapter 2258 (Prevailing Wage Rates) (retrieved 2026-11-13)
Texas has a state prevailing wage law for public works of the state and its political subdivisions (Government Code ch.
2258).
Each public body sets the rates for its project, by its own survey or by adopting the Davis-Bacon rates,
and must put them in the call for bids and the contract.
Underpaying costs $60 per worker per day.
- State source quoted below
- 289 active Davis-Bacon WDs in TX
- SAM.gov count 2026-11-13
Texas at a glance
| State law | Yes — Gov't Code ch. 2258 |
|---|---|
| Who sets the rates | The public body awarding the contract |
| Rate source allowed | Own survey or the U.S. DOL Davis-Bacon rates |
| Penalty for underpaying | $60 per worker per calendar day |
What the official source says
“A worker employed on a public work by or on behalf of the state or a political subdivision of the
state shall be paid:”
Texas Government Code, Chapter 2258 (Prevailing Wage Rates) · retrieved 2026-11-13
“using the prevailing wage rate as determined by the United States Department of Labor in
accordance with the Davis-Bacon Act”
Texas Government Code, Chapter 2258 (Prevailing Wage Rates) · retrieved 2026-11-13
“$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.”
Texas Government Code, Chapter 2258 (Prevailing Wage Rates) · retrieved 2026-11-13
Federal Davis-Bacon WDs in Texas
On federal or federally funded construction, the Davis-Bacon WD in the contract applies on top of any state rule.
Active WDs in Texas by construction type (SAM.gov, 2026-11-13):
| Type | WDs | Bar |
|---|---|---|
| Building | 172 | |
| Heavy | 53 | |
| Residential | 51 | |
| Highway | 13 |
Related guides
Certified payroll (WH-347)
What to submit every week.