that motion for en banc reconsideration becomes moot when panel issues new opinion and judgment). 2 . Contractors are required to pay in accordance with the wage rates only if the government entity provides them, and the public body's determination of the general prevailing rate of per diem wages is final. See TEX. GOV’T CODE ANN. §§ 2258.022(e), 2258.023(c) (West 2008); see also Tex. Hwy. Comm'n v. El Paso Bldg. & Constr. Trades Council, 149 Tex. 457, 234 S.W.2d 857, 863 (1950) (interpreting predecessor prevailing wage rate statute and holding that determination of rate by highway commission was "final and not reviewable by the courts”); City of Houston v. Houston Gulf Coast Bldg. & Constr. Trades Council, 710 S.W.2d 181, 184 (Tex.App.-Houston [1st Dist.] 1986, writ ref’d n.r.e.) (<HOLDING>). But see Associated Gen. Contractors of Tex.,
holding that a district court order dismissing one of several claims without making an explicit determination under rule 54b is not a final decision subject to appellate review holding that the action of denying parole is not an adjudication subject to judicial review holding that exercise of prosecutorial discretion was not subject to judicial review absent a constitutional claim or question of law holding that citys determination of prevailing wage rate was final and not subject to judicial review under predecessor statute holding fees mandatory under predecessor statute of  38001