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A BILL TO BE ENTITLED
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AN ACT
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relating to the design-build method for certain government |
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construction projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 2269, Government Code, is |
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amended by adding Section 2269.3035 to read as follows: |
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Sec. 2269.3035. ALTERNATIVE DESIGN-BUILD METHODS FOR WATER |
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AND WASTEWATER INFRASTRUCTURE. (a) A governmental entity may use |
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the following methods for the construction, rehabilitation, |
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alteration, or repair of water or wastewater infrastructure: |
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(1) a method in which a single fixed price for both |
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design and construction is established at the time the contract |
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with the design-build firm is signed by the parties, commonly known |
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as "fixed price design-build"; or |
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(2) a method in which the design-build firm is |
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involved early in the process of developing the design and the |
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contract includes a stepped payment scheme for design and |
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construction services, commonly known as "progressive |
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design-build." |
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(b) The requirements of this subchapter apply to a method |
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described by Subsection (a) to the extent practicable. |
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SECTION 2. Section 2269.352, Government Code, is amended to |
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read as follows: |
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Sec. 2269.352. APPLICABILITY. This subchapter applies to a |
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governmental entity, including [that: |
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[(1) has a population of more than 100,000 within the |
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entity's geographic boundary or service area; or |
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[(2) is] a board of trustees governed by Chapter 54, |
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Transportation Code. |
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SECTION 3. Section 2269.353(b), Government Code, is amended |
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to read as follows: |
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(b) A contract for a project under this subchapter may cover |
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only a single integrated project. A governmental entity may not |
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enter into a contract for aggregated projects at multiple |
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locations. For purposes of this subsection: |
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(1) if a metropolitan transit authority created under |
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Chapter 451, Transportation Code, enters into a contract for a |
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project involving a linear transit project with multiple stops |
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along the project route for boarding passengers, created under |
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Chapter 451, Transportation Code, the linear transit project is a |
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single integrated project; and |
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(2) a water or wastewater infrastructure project |
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[treatment plant], including a desalination plant, that includes |
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treatment facilities, well fields, pump stations, water storage, |
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and pipelines, is a single integrated project. |
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SECTION 4. Subchapter H, Chapter 2269, Government Code, is |
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amended by adding Section 2269.3535 to read as follows: |
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Sec. 2269.3535. ALTERNATIVE DESIGN-BUILD PROCEDURES FOR |
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WATER AND WASTEWATER INFRASTRUCTURE. (a) A governmental entity |
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may use a design-build method described by Section 2269.3035(a) for |
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the construction, rehabilitation, alteration, or repair of water or |
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wastewater infrastructure. |
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(b) The requirements of this subchapter apply to a method |
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described by Subsection (a) to the extent practicable. |
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SECTION 5. This Act takes effect September 1, 2025. |