reglab/housing_qa huggingface dataset:
TX Transp Code § 223.2013 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter E. Comprehensive Development Agreements|Section 223.2013. No Effect on Department Obligations

Sec. 223.2013.  NO EFFECT ON DEPARTMENT OBLIGATIONS.  Any authority for the department to enter into a comprehensive development agreement relating to improvements to Grand Parkway (State Highway 99) does not affect the obligation of the department to comply with the applicable requirements of an agreement entered into under Section 228.0111 in connection with the Grand Parkway project, including complying with the terms and conditions for the development, construction, and operation of the Grand Parkway that are prescribed in such an agreement.|Added by Acts 2011, 82nd Leg., R.S., Ch. 459 (S.B. 1719), Sec. 1, eff. June 17, 2011.Redesignated from Transportation Code, Section 223.2012 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(44), eff. September 1, 2013.|
TX Transp Code § 223.202 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter E. Comprehensive Development Agreements|Section 223.202. Limitation on Department Financial Participation

Sec. 223.202.  LIMITATION ON DEPARTMENT FINANCIAL PARTICIPATION.  The amount of money disbursed by the department from the state highway fund and the Texas mobility fund during a federal fiscal year to pay the costs under comprehensive development agreements may not exceed 40 percent of the obligation authority under the federal-aid highway program that is distributed to this state for that fiscal year.|Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.21, eff. June 14, 2005.|
TX Transp Code § 223.204 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter E. Comprehensive Development Agreements|Section 223.204. Confidentiality of Information

Sec. 223.204.  CONFIDENTIALITY OF INFORMATION.  (a)  To encourage private entities to submit proposals under this subchapter, the following information is confidential, is not subject to disclosure, inspection, or copying under Chapter 552, Government Code, and is not subject to disclosure, discovery, subpoena, or other means of legal compulsion for its release until a final contract for a proposed project is entered into:(1)  all or part of a proposal that is submitted by a private entity for a comprehensive development agreement, except information provided under Sections 223.203(b)(1) and (2), unless the private entity consents to the disclosure of the information;(2)  supplemental information or material submitted by a private entity in connection with a proposal for a comprehensive development agreement, unless the private entity consents to the disclosure of the information or material; and(3)  information created or collected by the department or its agent during consideration of a proposal for a comprehensive development agreement.(b)  After the department completes its final ranking of proposals under Section 223.203(h), the final rankings of each proposal under each of the published criteria are not confidential.|Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.21, eff. June 14, 2005.|
TX Transp Code § 223.205 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter E. Comprehensive Development Agreements|Section 223.205. Performance and Payment Security

Sec. 223.205.  PERFORMANCE AND PAYMENT SECURITY.  (a)  Notwithstanding Section 223.006 and the requirements of Subchapter B, Chapter 2253, Government Code, the department shall require a private entity entering into a comprehensive development agreement under this subchapter to provide a performance and payment bond or an alternative form of security in an amount sufficient to:(1)  ensure the proper performance of the agreement; and(2)  protect:(A)  the department; and(B)  payment bond beneficiaries who have a direct contractual relationship with the private entity or a subcontractor of the private entity to supply labor or material.(b)  A performance and payment bond or alternative form of security shall be in an amount equal to the cost of constructing or maintaining the project.(c)  If the department determines that it is impracticable for a private entity to provide security in the amount described by Subsection (b), the department shall set the amount of the bonds or the alternative forms of security.(d)  A payment or performance bond or alternative form of security is not required for the portion of an agreement that includes only design or planning services, the performance of preliminary studies, or the acquisition of real property.(e)  The amount of the payment security must not be less than the amount of the performance security.(f)  In addition to or instead of a performance and payment bond, the department may require one or more of the following alternative forms of security:(1)  a cashier's check drawn on a financial entity specified by the department;(2)  a United States bond or note;(3)  an irrevocable bank letter of credit; or(4)  any other form of security determined suitable by the department.(g)  The department by rule shall prescribe requirements for an alternative form of security provided under this section.|Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.21, eff. June 14, 2005.|
TX Transp Code § 223.206 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter E. Comprehensive Development Agreements|Section 223.206. Ownership of Highway

Sec. 223.206.  OWNERSHIP OF HIGHWAY.  (a)  A state highway or another facility described by Section 223.201(a) that is the subject of a comprehensive development agreement with a private entity, including the facilities acquired or constructed on the project, is public property and shall be owned by the department.(b)  Notwithstanding Subsection (a), the department may enter into an agreement that provides for the lease of rights-of-way, the granting of easements, the issuance of franchises, licenses, or permits, or any lawful uses to enable a private entity to construct, operate, and maintain a project, including supplemental facilities.  At the termination of the agreement, the highway or other facilities are to be in a state of proper maintenance as determined by the department and shall be returned to the department in satisfactory condition at no further cost.(c)  A highway asset or toll project that is used or leased by a private entity under Section 202.052 or 228.053 for a commercial purpose is not exempt from ad valorem taxation and is subject to local zoning regulations and building standards.(d)  The department may not enter into a comprehensive development agreement with a private entity under this subchapter that provides for the lease, license, or other use of rights-of-way or related property by the private entity for the purpose of constructing, operating, or maintaining an ancillary facility that is used for commercial purposes.|Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.21, eff. June 14, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 259 (H.B. 1201), Sec. 8, eff. June 17, 2011.|
TX Transp Code § 223.207 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter E. Comprehensive Development Agreements|Section 223.207. Liability for Private Obligations

Sec. 223.207.  LIABILITY FOR PRIVATE OBLIGATIONS.  The department may not incur a financial obligation for a private entity that designs, develops, finances, constructs, maintains, or operates a state highway or other facility under this subchapter.  The state or a political subdivision of the state is not liable for any financial or other obligations of a project solely because a private entity constructs, finances, or operates any part of the project.|Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.21, eff. June 14, 2005.|
TX Transp Code § 223.209 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter E. Comprehensive Development Agreements|Section 223.209. Rules, Procedures, and Guidelines Governing Selection and Negotiating Process

Sec. 223.209.  RULES, PROCEDURES, AND GUIDELINES GOVERNING SELECTION AND NEGOTIATING PROCESS.  (a)  The commission shall adopt rules, procedures, and guidelines governing selection of a developer for a comprehensive development agreement and negotiations to promote fairness, obtain private participants in projects, and promote confidence among those participants.  The rules must contain criteria relating to the qualifications of the participants and the award of the contracts.(b)  The department shall have up-to-date procedures for participation in negotiations under this subchapter.(c)  The department has exclusive judgment to determine the terms of an agreement.|Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.21, eff. June 14, 2005.|
TX Transp Code § 223.241 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter F. Design-Build Contracts|Section 223.241. Definitions

Sec. 223.241.  DEFINITIONS.  In this subchapter:(1)  "Design-build contractor" means a partnership, corporation, or other legal entity or team that includes an engineering firm and a construction contractor qualified to engage in the construction of highway projects in this state.(2)  "Design-build method" means a project delivery method by which an entity contracts with a single entity to provide both design and construction services for the construction, rehabilitation, alteration, or repair of a facility.(3)  "Highway project" means:(A)  a single highway facility between two defined points in a corridor; or(B)  two or more contiguous highway facilities.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 314 (H.B. 20), Sec. 6, eff. June 3, 2015.|
TX Transp Code § 223.242 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter F. Design-Build Contracts|Section 223.242. Scope of and Limitations on Contracts

Sec. 223.242.  SCOPE OF AND LIMITATIONS ON CONTRACTS.  (a)  Notwithstanding the requirements of Subchapter A and Chapter 2254, Government Code, the department may use the design-build method for the design, construction, expansion, extension, related capital maintenance, rehabilitation, alteration, or repair of a highway project.(b)  A design-build contract under this subchapter may not grant to a private entity:(1)  a leasehold interest in the highway project; or(2)  the right to operate or retain revenue from the operation of a toll project.(b-1)  A design-build contract under this subchapter may include a maintenance agreement requiring a design-build contractor to maintain a project for an initial term of not longer than five years. The maintenance agreement may authorize the department, in its sole discretion, to exercise options extending the term of the maintenance agreement for additional periods beyond the initial maintenance term with each additional period being not longer than five years. The department shall obtain pricing for the maintenance work for each maintenance term.  The department may require separate pricing for the maintenance work to be performed for each year of a maintenance term.(c)  In using the design-build method and in entering into a contract for the services of a design-build contractor, the department and the design-build contractor shall follow the procedures and requirements of this subchapter.(d)  The department may enter into a design-build contract for a highway project with a construction cost estimate of $150 million or more to the department.(d-1)  The department may not enter into more than six contracts under this section in each state fiscal biennium.(e)  Money disbursed by the department to pay engineering costs for the design of a project incurred by the design-build contractor under a design-build contract may not be included in the amounts under Section 223.041:(1)  required to be spent in a state fiscal biennium for engineering-related services; or(2)  appropriated in Strategy A.1.1, Plan/Design/Manage or Strategy A.1.2, Contracted Planning and Design of the General Appropriations Act.(f)  The department shall not use the design-build method for the construction, expansion, extension, rehabilitation, alteration, or repair of a highway project if the project is substantially designed, to the extent described by Section 223.246(a)(5), by the department or another entity other than the design-build contractor.(g)  The department shall not include more than one highway project in a design-build contract.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 314 (H.B. 20), Sec. 7, eff. June 3, 2015.Acts 2019, 86th Leg., R.S., Ch. 859 (H.B. 2830), Sec. 1, eff. September 1, 2019.|
TX Transp Code § 223.243 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter F. Design-Build Contracts|Section 223.243. Use of Engineer or Engineering Firm

Sec. 223.243.  USE OF ENGINEER OR ENGINEERING FIRM.  (a)  To act as the department's representative, independent of a design-build contractor, for the procurement process and for the duration of the work on a highway project, the department shall select or designate:(1)  an engineer;(2)  a qualified firm, selected in accordance with Section 2254.004, Government Code, who is independent of the design-build contractor; or(3)  a general engineering consultant that was previously selected by the department and is selected or designated in accordance with Section 2254.004, Government Code.(b)  The selected or designated engineer or firm has full responsibility for complying with Chapter 1001, Occupations Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.|
TX Transp Code § 223.244 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter F. Design-Build Contracts|Section 223.244. Other Professional Services

Sec. 223.244.  OTHER PROFESSIONAL SERVICES.  (a)  The department shall provide or contract for, independently of the design-build contractor, the following services as necessary for the acceptance of the highway project by the department:(1)  inspection services;(2)  construction materials engineering and testing; and(3)  verification testing services.(b)  The department shall ensure that the engineering services contracted for under this section are selected based on demonstrated competence and qualifications.(c)  This section does not preclude a design-build contractor from providing construction quality assurance and quality control under a design-build contract.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.|
TX Transp Code § 223.245 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter F. Design-Build Contracts|Section 223.245. Request for Qualifications

Sec. 223.245.  REQUEST FOR QUALIFICATIONS.  (a)  For any highway project to be delivered through the design-build method, the department must prepare and issue a request for qualifications.  A request for qualifications must include:(1)  information regarding the proposed project's location, scope, and limits;(2)  information regarding funding that may be available for the project;(3)  criteria that will be used to evaluate the qualifications statements, which must include a proposer's qualifications, experience, technical competence, and ability to develop the project;(4)  the relative weight to be given to the criteria; and(5)  the deadline by which qualifications statements must be received by the department.(b)  The department shall publish notice advertising the issuance of a request for qualifications in the Texas Register and on the department's Internet website.(c)  The department shall evaluate each qualifications statement received in response to a request for qualifications based on the criteria identified in the request.  The department may interview responding proposers.  Based on the department's evaluation of qualifications statements and interviews, if any, the department shall qualify or short-list proposers to submit proposals.(d)  The department shall qualify or short-list at least two private entities to submit proposals under Section 223.246, but may not qualify or short-list more private entities than the number of private entities designated on the request for qualifications.(e)  The department may withdraw a request for qualifications or request for proposals at any time.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.|
TX Transp Code § 223.247 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter F. Design-Build Contracts|Section 223.247. Negotiation

Sec. 223.247.  NEGOTIATION.  (a)  After ranking the proposers under Section 223.246(i), the department shall first attempt to negotiate a contract with the highest-ranked proposer.  The department may include in the negotiations alternative technical concepts proposed by other proposers, subject to Section 223.249.(b)  If the department is unable to negotiate a satisfactory contract with the highest-ranked proposer, the department shall, formally and in writing, end all negotiations with that proposer and proceed to negotiate with the next proposer in the order of the selection ranking until a contract is reached or negotiations with all ranked proposers end.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.|
TX Transp Code § 223.2475 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter F. Design-Build Contracts|Section 223.2475. Changes to Design-Build Team

Sec. 223.2475.  CHANGES TO DESIGN-BUILD TEAM.  (a)  A design-build contractor selected for a contract may not make changes to companies or entities identified as part of the design-build team in a response to a request for proposals unless an identified company or entity:(1)  is no longer in business, is unable to fulfill its legal, financial, or business obligations, or can no longer meet the terms of the teaming agreement proposed for the project with the design-build contractor;(2)  voluntarily removes itself from the team;(3)  fails to provide a sufficient number of qualified personnel to fulfill the duties identified during the proposal stage; or(4)  fails to negotiate in good faith in a timely manner in accordance with provisions established in the teaming agreement proposed for the project.(b)  If the design-build contractor makes design-build team changes in violation of Subsection (a), any cost savings resulting from the changes accrue to the department and not to the design-build contractor.|Added by Acts 2019, 86th Leg., R.S., Ch. 773 (H.B. 1542), Sec. 1, eff. September 1, 2019.|
TX Transp Code § 223.248 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter F. Design-Build Contracts|Section 223.248. Assumption of Risks and Costs

Sec. 223.248.  ASSUMPTION OF RISKS AND COSTS.  (a)  Except as provided by Subsection (b), the department shall assume:(1)  all risks and costs associated with:(A)  changes and modifications to the scope of the project requested by the department;(B)  unknown or differing conditions at the site of the project;(C)  applicable environmental clearance and other regulatory permitting necessary for the project; and(D)  natural disasters and other force majeure events; and(2)  all costs associated with property acquisition, other than costs associated with acquiring a temporary easement or work area used for staging or constructing the project.(b)  A design-build contractor may assume some or all of the risks or costs described by Subsection (a) if the terms of the assumption are reflected in the final request for proposals, including all supplements to the request.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.|
TX Transp Code § 223.249 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 223 - Bids and Contracts for Highway Projects|Subchapter F. Design-Build Contracts|Section 223.249. Stipend Amount for Unsuccessful Proposers

Sec. 223.249.  STIPEND AMOUNT FOR UNSUCCESSFUL PROPOSERS.  (a)  The department shall pay an unsuccessful proposer that submits a responsive proposal a stipend for the work product contained in the proposal that the department determines can be used by the department in the performance of the department's functions.  The stipend must be a minimum of twenty-five hundredths of one percent of the contract amount and must be specified in the initial request for proposals, but may not exceed the value of the work product contained in the proposal that the department determines can be used by the department in the performance of the department's functions.  If the department determines that the value of the work product is less than the stipend amount, the department shall provide the proposer with a detailed explanation of the valuation, including the methodology and assumptions used by the department in determining the value of the work product.  After payment of the stipend, the department may make use of any work product contained in the unsuccessful proposal, including the techniques, methods, processes, and information contained in the proposal.  The use by the department of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the department and does not confer liability on the recipient of the stipend under this subsection.(b)  In a request for proposals, the department shall provide for the payment of a partial stipend in the event that a procurement is terminated before the execution of a design-build contract.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.|