By Siebert H.B. No. 1942
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority to contract for the development of
1-3 turnpike projects of the Texas Department of Transportation and the
1-4 Texas Turnpike Authority Division of the Texas Department of
1-5 Transportation.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 223, Transportation Code, is amended by
1-8 adding Subchapter E to read as follows:
1-9 SUBCHAPTER E. DESIGN-BUILD CONTRACTS
1-10 Sec. 223.161. DEFINITIONS. In this subchapter:
1-11 (1) "Design-build contract" means the procurement of
1-12 both pre-construction services related to, and the construction of,
1-13 a highway improvement project in a single contract with a firm or
1-14 combination of firms capable of providing the necessary services
1-15 and construction.
1-16 (2) "Pre-construction services" include the planning,
1-17 environmental review, and design of a highway improvement project.
1-18 Sec. 223.162. AWARD OF DESIGN-BUILD CONTRACTS.
1-19 Notwithstanding any other law, including Subchapter A, Chapter
1-20 2254, Government Code, the commission may, as an alternative to the
1-21 procedures provided by Subchapters A and D of this chapter, award a
2-1 design-build contract for:
2-2 (1) a preventative maintenance or rehabilitation
2-3 project authorized by Section 222.102; or
2-4 (2) a congestion mitigation project authorized by
2-5 Section 224.154.
2-6 Sec. 223.163. SOLICITATION OF PROPOSALS. (a) The
2-7 department shall use competitive sealed proposals to obtain
2-8 services and construction under this subchapter.
2-9 (b) The commission shall establish prequalification
2-10 requirements for firms from which the department solicits
2-11 proposals.
2-12 (c) To be considered, a proposal must comply with the
2-13 technical prequalification requirements established by the
2-14 commission for the procurement of services under Subchapter A,
2-15 Chapter 2254, Government Code.
2-16 (d) The commission may reimburse firms that submit
2-17 unsuccessful proposals a stipulated amount for design costs
2-18 incurred in preparing a proposal.
2-19 (e) The Texas Board of Professional Engineers, acting
2-20 pursuant to the Texas Engineering Practice Act (Article 3271a,
2-21 Vernon's Texas Civil Statutes), may not, because a firm engaged in
2-22 competitive bidding, take disciplinary action against or otherwise
2-23 prevent a qualified engineering firm from submitting a proposal or
2-24 entering into a contract under this subchapter.
2-25 Sec. 223.164. BEST VALUE STANDARD. (a) The commission
3-1 shall award a design-build contract to the firm or combination of
3-2 firms whose proposal provides the best value to the state,
3-3 considering price and the technical evaluation factors in the
3-4 request for proposals.
3-5 (b) The commission may adjust the rating of a proposal for
3-6 the value of time. The adjustment shall be based on the offeror's
3-7 proposed number of days to complete the project multiplied by a
3-8 value per day established by the department.
3-9 (c) The commission must state in writing the basis on which
3-10 the award is made.
3-11 Sec. 223.165. RULES. (a) The commission shall adopt rules
3-12 to implement this subchapter.
3-13 (b) Rules adopted by the commission may include
3-14 prequalification and proposal requirements, short-listing
3-15 procedures, and evaluation categories for different types of
3-16 projects.
3-17 SECTION 2. Subchapter F, Chapter 361, Transportation Code,
3-18 is amended by adding Section 361.2311 to read as follows:
3-19 Sec. 361.2311. DESIGN-BUILD CONTRACTS. (a) In this
3-20 section, "design-build contract" means the procurement of both
3-21 pre-construction services related to, and the construction of, a
3-22 turnpike project in a single contract with a firm or combination of
3-23 firms capable of providing the necessary services.
3-24 Pre-construction services may include the planning, environmental
3-25 review, and design of a turnpike project.
4-1 (b) Notwithstanding any other law, including Subchapter A,
4-2 Chapter 2254, Government Code, the board, with the concurrence of
4-3 the commission, may, as an alternative to the procedures provided
4-4 by Sections 361.049 and 361.231, award a design-build contract for
4-5 the planning, environmental review, design, construction,
4-6 improvement, repair, or maintenance of:
4-7 (1) a turnpike project; or
4-8 (2) a congestion mitigation project authorized by the
4-9 commission under Section 224.154.
4-10 (c) The authority shall use competitive sealed proposals to
4-11 obtain services under this section.
4-12 (d) The board shall establish prequalification requirements
4-13 for firms from which the authority solicits proposals.
4-14 (e) To be considered, a proposal must comply with the
4-15 technical prequalification requirements established by the board
4-16 for the procurement of services under Subchapter A, Chapter 2254,
4-17 Government Code.
4-18 (f) The Texas Board of Professional Engineers, acting
4-19 pursuant to the Texas Engineering Practice Act (Article 3271a,
4-20 Vernon's Texas Civil Statutes), may not, because a firm engaged in
4-21 competitive bidding, take disciplinary action against or otherwise
4-22 prevent a qualified engineering firm from submitting a proposal or
4-23 entering into a contract under this section.
4-24 (g) The board shall award a design-build contract to the
4-25 firm or combination of firms whose proposal provides the best value
5-1 to the state, considering price and the technical evaluation
5-2 factors in the request for proposals.
5-3 (h) The board may adjust the rating of a proposal for the
5-4 value of time. The adjustment shall be based on the offeror's
5-5 proposed number of days to complete the project multiplied by a
5-6 value per day established by the authority.
5-7 (i) The board must state in writing the basis on which the
5-8 award is made.
5-9 (j) The board shall adopt rules to implement this section.
5-10 Rules adopted by the board may include prequalification and
5-11 proposal requirements, short-listing procedures, and evaluation
5-12 categories for different types of projects.
5-13 SECTION 3. Section 224.151, Transportation Code, is amended
5-14 to read as follows:
5-15 Sec. 224.151. Definitions. In this subchapter:
5-16 (1) "Authority" means the Texas Turnpike Authority
5-17 division of the department.
5-18 (2) [(1)] "Congestion" means the level at which
5-19 transportation system performance is no longer acceptable because
5-20 of traffic interference. The level of acceptable system
5-21 performance may vary by type of transportation facility, geographic
5-22 location, or time of day.
5-23 (3) [(2)] "Congestion mitigation" means projects and
5-24 facilities used to reduce congestion to promote the use of carpools
5-25 and vanpools, improve air quality, conserve fuel, and enhance the
6-1 use of existing highways and facilities on the state highway
6-2 system.
6-3 (4) [(3)] "High occupancy vehicle" means a bus or
6-4 other motorized passenger vehicle such as a carpool or vanpool
6-5 vehicle used for ridesharing purposes and occupied by a specified
6-6 minimum number of persons.
6-7 (5) [(4)] "High occupancy vehicle lane" means one or
6-8 more lanes of a highway or an entire highway where high occupancy
6-9 vehicles, trucks, or emergency vehicles in any combination are
6-10 given at all times, or at regularly scheduled times, a priority or
6-11 preference over some or all other vehicles moving in the general
6-12 stream of all highway traffic.
6-13 (6) [(5)] "Motor vehicle" has the meaning assigned by
6-14 Section 522.003.
6-15 (7) [(6)] "Transportation corporation" means a
6-16 transportation corporation created by the state under Chapter 431.
6-17 SECTION 4. Sections 224.154(a) and (c), Transportation Code,
6-18 are amended to read as follows:
6-19 (a) Notwithstanding any law of this state relating to
6-20 charging tolls on existing free public highways, the commission may
6-21 by order authorize the department, the authority, or a
6-22 transportation corporation to charge a toll for the use of one or
6-23 more lanes of a state highway facility, including a high occupancy
6-24 vehicle lane, for the purposes of congestion mitigation. The
6-25 commission may authorize the department, the authority, or a
7-1 transportation corporation to design, construct, operate, or
7-2 maintain a congestion mitigation project or facility under this
7-3 section. The commission may enter into an agreement with a
7-4 regional tollway authority described in Chapter 366, or a transit
7-5 authority described in Chapter 451, 452, or 453, to charge a toll
7-6 for the use one one or more lanes of a state highway facility under
7-7 this section [subsection].
7-8 (c) For purposes of congestion mitigation projects and
7-9 facilities under this subchapter, the department, the authority, a
7-10 transportation corporation, and a regional tollway authority or a
7-11 transit authority with whom the commission has an agreement under
7-12 this section are successor agencies to the Texas Turnpike Authority
7-13 for purposes of Section 52-b, Article III, Texas Constitution.
7-14 SECTION 5. This Act takes effect September 1, 1999.
7-15 SECTION 6. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended.