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A BILL TO BE ENTITLED
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AN ACT
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relating to certain limitations on design-build contracts for |
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transportation infrastructure projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.241, Transportation Code, is amended |
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by adding Subdivision (3) to read as follows: |
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(3) "Highway project" means a single facility between |
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two defined points in a highway corridor. |
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SECTION 2. Section 223.242, Transportation Code, is amended |
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by adding Subsections (b-1), (f), and (g) and amending Subsections |
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(d) and (d-1) to read as follows: |
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(b-1) A design-build contract under this subchapter may |
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include a maintenance agreement requiring a design-build |
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contractor to maintain a project for an initial term of not longer |
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than five years. The maintenance agreement may authorize the |
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department, in its sole discretion, to exercise options extending |
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the term of the maintenance agreement for additional periods beyond |
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the initial maintenance term with each additional period being not |
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longer than five years. The department shall obtain pricing for the |
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maintenance work for each maintenance term. The department may |
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require separate pricing for the maintenance work to be performed |
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for each year of a maintenance term. |
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(d) The department may enter into a design-build contract |
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for a highway project with a construction cost estimate of $250 |
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[$50] million or more to the department. |
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(d-1) The department may not enter into more than three |
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contracts under this section in each fiscal year. [This subsection
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expires August 31, 2015.] |
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(f) The department shall not use the design-build method for |
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the construction, expansion, extension, rehabilitation, |
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alteration, or repair of a highway project if the project is |
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substantially designed by the department or another entity other |
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than the design-build contractor. |
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(g) The department shall not include more than one highway |
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project in a design-build contract. |
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SECTION 3. (a) Section 223.242(b-1), Transportation Code, |
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as added by this Act, applies only to a contract entered into on or |
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after the effective date of this Act. A contract entered into |
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before that date is governed by the law as it existed on the date the |
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contract was entered into, and that law is continued in effect for |
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that purpose. |
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(b) Sections 223.242(f) and (g), Transportation Code, as |
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added by this Act, apply only to a highway project for which a |
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request for qualifications is issued on or after the effective date |
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of this Act. A highway project for which a request for |
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qualifications is issued before the effective date of this Act is |
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governed by the law in effect on the date the request for |
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qualifications was issued, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |
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