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Prevailing Wage Laws by State
Last updated November 2026. Twenty-nine states and Washington, DC have their own prevailing wage laws that set minimum wages and fringe benefits on state and locally funded public construction. The other 21 states have no state law, but the federal Davis-Bacon Act still applies to federally funded construction projects over $2,000 in every state.
United States
Click a state to zoom in, then use the arrows to browse all 50 states and DC. Click the state again to return to the full map. States appearing dark blue on the map have their own prevailing wage laws that apply to state and local projects. The other states defer to the U.S. federal Davis-Bacon Act which sets prevailing wage standards for federally funded construction projects.
Zoomed in, open the info panel for state details.
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State-specific prevailing wage laws
State defers to federal Davis-Bacon Act
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
Texas Prevailing Wage Law
Davis-Bacon only
State law, locally administered. Applies to construction of public works (buildings, highways, roads, excavation, repair) paid in whole or part with public funds. Exempt: work done directly by a public utility under a public authority's order.
Details
| Statute | Tex. Gov't Code Chapter 2258 (§§ 2258.001 to 2258.058).Source: Tex. Gov't Code § 2258.023 (public.law mirror). Last checked October 22, 2026. |
|---|---|
| Dollar thresholds | None.Source: DOL WHD state thresholds table (Jan 1, 2017). Last checked October 22, 2026. |
| Administering agency | No state agency. Each public body sets rates, hears complaints and withholds payment (§ 2258.051); disputes can go to arbitration.Source: Tex. Gov't Code § 2258.023 (section list). Last checked October 22, 2026. |
| Where to get wage rates | The public body sets per diem, holiday and overtime rates for each craft by surveying local wages or by using U.S. DOL Davis-Bacon rates, as fixed dollar amounts in the bid call and contract. Its determination is final. State contracts in counties on or next to the Mexico border use a local/statewide survey formula. In practice the big public bodies use Davis-Bacon rates: TxDOT's rate tables list U.S. DOL general decisions (2026 tables dated May 18, 2026); Dallas sets its rates by reference to current Davis-Bacon wages (Resolution 21-903, 2021); Houston, San Antonio and Harris County attach current DOL general decisions to bids. Austin also starts from DOL decisions but adds trades from its own wage survey and a city minimum for construction workers (Ordinance 20160324-015).Source: Tex. Gov't Code § 2258.022 (public.law mirror); TxDOT 2026 wage rates (USDOL general decisions dated 05-18-2026); City of Houston wage scale, heavy construction (2026); City of San Antonio IFB 5782 addendum (wage decision TX20250231); City of Austin wage rates and payroll reporting (00830BC, Apr 2024); Harris County Engineer: prevailing wage rates. Last checked October 22, 2026. |
| Wages vs. fringes | Chapter 2258 sets "per diem wages" and doesn't address fringe benefits. Fringe treatment follows the public body's determination; bodies that adopt Davis-Bacon rates use DOL's wage-plus-fringe rates.Source: Tex. Gov't Code § 2258.022 (public.law); Tex. Gov't Code § 2258.001 (public.law). Last checked October 22, 2026. |
| Pay frequency | Not set by Chapter 2258. Texas Payday Law: at least twice a month for non-exempt employees, at least monthly for FLSA-exempt employees (Labor Code § 61.011).Source: Tex. Labor Code § 61.011 (public.law); DOL state payday requirements. Last checked October 22, 2026. |
| Overtime and double time | The public body sets overtime and legal holiday rates in its determination.Source: Tex. Gov't Code § 2258.022. Last checked October 22, 2026. |
| Certified payroll forms | No state form. Contractors and subs keep a record of each worker's name, occupation and per diem wages, open to the public body at reasonable hours. Public bodies often require certified payroll by contract.Source: Tex. Gov't Code § 2258.024 (public.law mirror). Last checked October 22, 2026. |
| Electronic filing portal | None at the state level; no state agency administers Chapter 2258, and each public body handles rates and complaints.Source: Tex. Gov't Code § 2258.023 (public.law). Last checked October 22, 2026. |
| EEO and workforce reports | Nothing in Chapter 2258. Federal EO 11246 changes apply to federal jobs.Source: Federal Register 2026-17114. Last checked October 22, 2026. |
| Apprentice ratio rules | None. Chapter 2258 has no apprentice rate or ratio rules.Source: Tex. Gov't Code § 2258.001 (public.law); Tex. Gov't Code § 2258.022 (public.law). Last checked October 22, 2026. |
| Local laws | Every public body (cities, counties, school districts and other political subdivisions) sets its own prevailing wage rates for its public works under Gov't Code ch. 2258 (§ 2258.022), by surveying local wages or using Davis-Bacon rates, so rates differ from one public owner to the next.Source: Tex. Gov't Code § 2258.022 (public.law mirror); Tex. Gov't Code § 2258.023 (section list). Last checked October 22, 2026. |
| Recent changes | Section 2258.022 (rate setting) last amended 2007 (HB 2625). Penalty: $60 per worker per day, collectable by cities only if population is over 10,000. Not law: HB 4536 (2025) would have required notice to contractors of prevailing wage complaints and changed rate-determination timing; it died in House Calendars after Apr 29, 2025.Source: Tex. Gov't Code § 2258.022 (public.law); Tex. Gov't Code § 2258.023 (public.law); Texas Legislature: HB 4536 (89R) history. Last checked October 22, 2026. |
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
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- Which states have prevailing wage laws?
- Which states don’t have a prevailing wage law?
Which states have prevailing wage laws?
Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, Wyoming, and Washington, DC. Thresholds, covered projects, and reporting rules vary by state, so open any state on the map for its details.
Which states don’t have a prevailing wage law?
Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wisconsin. No state law doesn’t mean no paperwork, though: federal Davis-Bacon rules still apply to federally funded jobs in all of them.
eBacon assigns the right state or federal wage determination to each job, calculates wages and fringe by trade classification, and generates the WH-347 or the state’s certified payroll form in one click. See how eBacon handles prevailing wage payroll →
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