By Madla S.B. No. 1404
77R9214 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment by the Texas Department of
1-3 Transportation of a highway construction pilot program that
1-4 includes a limited pavement warranty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 224, Transportation Code, is amended by
1-7 adding Subchapter G to read as follows:
1-8 SUBCHAPTER G. HIGHWAY CONSTRUCTION PILOT PROGRAM
1-9 WITH LIMITED PAVEMENT WARRANTY
1-10 Sec. 224.201. PILOT PROGRAM. (a) The department shall
1-11 establish a pilot program for highway construction projects
1-12 involving the use of a limited pavement warranty.
1-13 (b) Each biennium, the department shall issue requests for
1-14 proposals for two highway construction projects under the pilot
1-15 program.
1-16 Sec. 224.202. CRITERION. To be included in the pilot
1-17 program, the estimated total cost of the highway construction
1-18 project must be greater than $15 million.
1-19 Sec. 224.203. PAVEMENT WARRANTY. (a) A contract for a
1-20 highway construction project under the pilot program must include a
1-21 long-term limited pavement warranty.
1-22 (b) The period of a limited pavement warranty may not be
1-23 less than 15 years.
1-24 Sec. 224.204. TERMS OF PAVEMENT WARRANTY. A limited pavement
2-1 warranty under Section 224.203 must specify:
2-2 (1) the responsibilities of the warranty provider;
2-3 (2) the responsibilities of the department;
2-4 (3) the terms of the warranty, including time and
2-5 traffic;
2-6 (4) performance criteria to be met to determine if
2-7 maintenance is required; and
2-8 (5) other specifications as necessary for the
2-9 particular construction project.
2-10 Sec. 224.205. WARRANTY PROVISIONS. In connection with a
2-11 warranty for a highway project constructed under the pilot program,
2-12 the contract for the project must include:
2-13 (1) a mitigation plan to account for inflation during
2-14 the warranty period;
2-15 (2) provisions relating to:
2-16 (A) the frequency of performance assessments;
2-17 and
2-18 (B) the response time for repairs;
2-19 (3) a plan for emergency repairs;
2-20 (4) clearly set out limits of liability under the
2-21 warranty, if any;
2-22 (5) dispute resolution provisions;
2-23 (6) a severability provision; and
2-24 (7) other provisions considered necessary for the
2-25 particular construction project.
2-26 Sec. 224.206. INNOVATIONS BY WARRANTY PROVIDER. (a) A
2-27 warranty for a highway construction project under the pilot program
3-1 must allow for innovation by the warranty provider.
3-2 (b) The terms of a warranty must allow the warranty provider
3-3 to modify the department's standard specifications for pavement
3-4 design, material mix design, and quality assurance and quality
3-5 control.
3-6 Sec. 224.207. CONFLICTS. To the extent of a conflict with
3-7 another law relating to the letting of a contract for a highway
3-8 construction project by the department, or to the terms or
3-9 conditions of a contract for a highway construction project entered
3-10 into by the department, this subchapter prevails.
3-11 Sec. 224.208. REPORT TO LEGISLATURE. Not later than February
3-12 1 of each odd-numbered year, the department shall submit a report
3-13 to the legislature relating to highway construction projects under
3-14 this subchapter during the preceding two years. The report may
3-15 include recommendations on the continuation or expansion of the
3-16 pilot program.
3-17 SECTION 2. This Act takes effect September 1, 2001.