July 27, 1965
Mr. C?aarles Hi King, Jr. Opinion No. C-470
Commissioner
Wrreau of Labor Statistics Re: Whether, under the piovi-
Auetln, Texas pgns of Article 515ga, V.
0 -3 aity employees doing
plumbing work, under the
stated facts,‘must be paid
Dear’Mr.’ Klngc the prevailing wage scale.
You have requested an opinion of this office oon-
cerning the above captioned questton under the following set
a$ raetsr
.~’
“A city in this State has recently
undertaken a.project of installing rest
room faclllt$e~;ln several city parks.
The plumbing wotik on these facilities is
to be done b city employees and not by a
pluinblng co&x&or, All of the proposed
proz& is new construation and not malntt-
name. ” I .
Article 51$9a of Vernonle Civil Statutea reads In
part at3 followsr b
“Sec. 1. Rot leas than the general
.+revalllng rate ~of per d&em wagea for work
of a similar character in the locality in
which the work Is performed, and not less
than the general prevailing rate of per
diem wages for legal holiday and overtime
work, shall be paid to all laborers, work-
. men and mechanics employed 2 or on behalf
of the State of Texas, OS 2 or on behalf
of any county, city and county, city, town*
district or other political subdFXi%on of
the State, engaged in the construction of
public works, txolutivt of maintenance
work. . . *I’ (Bnphaeia added e )
Mr. Charles ,HOKing, Jr., p$ge 2 (C+470),
Under the clear and unamblgloUs terms of the stat-
ute, It is clearly apparent that the city employees engaged'
in the constructidn of rest room facilities as outlined in
the above stated facts must be paid the general prevailing
wage rate as,defined In Article 5159a*
&nployets of a city, engaged in the
construction of rest room facilities as
set out in the 'stated facts mist be paid
the prevailing wage rate as defined In
Article 5159a.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
torney General
RWN/ts/.br
APPROVED'
'OPINION COMMITTEE
W, V,'Gepptrt, Chairman'
Roger Tyler
Charles B.,Swanner
James Strock
John Reeves
APPROVED
FOR THE ATTORNEYGENERAL
By: Hawthorne Phillips
-2234-