The short version
No state filing: keep records open to the public body's inspection
- Law: Texas Government Code chapter 2258 [Gov't Code 2258]
- Agency: No state agency; the public body that awards the contract
- How often: No state schedule; follow your contract
How to file certified payroll in Texas
- Keep a record of the name and occupation of each worker and the actual per diem wages paid, open at all reasonable hours to inspection by the public body [Gov't Code 2258.024].
- Follow your contract. Public bodies and primes often require weekly certified payrolls by contract, and federally funded projects require the federal weekly certified payroll.
- As a sub, expect your prime to ask you to certify payment; a prime is entitled to rely on a subcontractor's certificate regarding payment [Gov't Code 2258.026].
What goes on it
State law only requires the worker's name and occupation and the per diem wages paid. If your contract asks for certified payrolls, the WH-347 is the common format.
Overtime
Workers get at least the prevailing rate for legal holiday and overtime work as the public body determines it [Gov't Code 2258.021].
Penalties for late or wrong payrolls
- $60 for each worker for each calendar day or part of a day the worker is paid less than the contract rates, written into the contract and withheld by the public body [Gov't Code 2258.023].
- Violating the record-keeping rule is a criminal offense punishable by a fine of up to $500, up to six months in jail, or both [Gov't Code 2258.058].
Federal projects in Texas
On federally funded Texas projects (including federal-aid highway work), Davis-Bacon applies and the weekly federal certified payroll (WH-347) goes to your prime or the agency. The state chapter adds the public body's rates and the $60-a-day penalty on state and local work.
For the federal side, see how to fill out the WH-347 and the Texas Davis-Bacon rates by county.
Forms and official links
Frequently asked questions
Does Texas require certified payroll?
Are Texas prevailing wage rates the same as Davis-Bacon?
Can LevelWage file my Texas payroll for me?
Sources
LevelWage prepares reports for your review. This page explains the rules in plain words; it is not legal advice. When a rule matters to a decision, read the source and your contract.