reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter D. State Infrastructure Bank › Section 222.0745. Incurrence of Debt by Public Entity

Sec. 222.0745.  INCURRENCE OF DEBT BY PUBLIC ENTITY.  (a)  A public entity in this state, including a municipality, county, district, authority, agency, department, board, or commission, that is authorized by law to construct, maintain, or finance a qualified project may borrow money from the bank, including by direct loan, based on the credit of the public entity.
(b)  Money borrowed under this section must be segregated from other funds under the control of the public entity and may only be used for purposes related to a qualified project.
(c)  The authority granted by this section does not affect the ability of a public entity to incur debt using other statutorily authorized methods.
Added by Acts 2001, 77th Leg., ch. 4, Sec. 1, eff. April 9, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter D. State Infrastructure Bank › Section 222.076. Separate Subaccounts

Sec. 222.076.  SEPARATE SUBACCOUNTS.  (a)  The bank shall consist of at least two separate subaccounts, a highway subaccount and a transit subaccount.
(b)  In addition to the subaccounts under Subsection (a), the commission may create one or more subaccounts that are capitalized with state funds only. Subaccounts capitalized with state funds only are not subject to the federal act.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.21, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1267 (H.B. 2134), Sec. 4, eff. June 18, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter D. State Infrastructure Bank › Section 222.077. Repayment Terms; Deposit of Repayments; Investment Income

Sec. 222.077.  REPAYMENT TERMS;  DEPOSIT OF REPAYMENTS;  INVESTMENT INCOME.  (a)  Any funds disbursed through the state infrastructure bank must be repaid on terms determined by the commission. The terms must comply with the federal act except for terms applicable to funds deposited in a subaccount described by Section 222.076(b).
(b)  Notwithstanding any other law to the contrary:
(1)  the repayment of a loan or other assistance provided with money deposited to the credit of a subaccount in the bank shall be deposited in that subaccount;  and
(2)  investment income generated by money deposited to the credit of a subaccount in the bank shall be:
(A)  credited to that subaccount;
(B)  available for use in providing financial assistance under this subchapter;  and
(C)  invested in United States Treasury securities, bank deposits, or other financing instruments approved by the United States secretary of transportation to earn interest and enhance the financing of projects assisted by the bank.
(c)  The commission shall administer the bank in compliance with applicable requirements of the federal act and any applicable federal regulation or guideline.
(d)  The commission by rule shall:
(1)  implement this subchapter;  and
(2)  establish eligibility criteria for an entity applying for financial assistance from the bank.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.21, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1267 (H.B. 2134), Sec. 5, eff. June 18, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter E. Toll Facilities › Section 222.1001. Definition

Sec. 222.1001.  DEFINITION.  In this subchapter, "transportation project" has the meaning assigned by Section 370.003.
Added by Acts 2013, 83rd Leg., R.S., Ch. 114 (S.B. 1110), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter E. Toll Facilities › Section 222.101. Expenditure of Money

Sec. 222.101.  EXPENDITURE OF MONEY.  The department may spend money from any source for the construction, maintenance, and operation of toll facilities.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.01, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter E. Toll Facilities › Section 222.103. Cost Participation

Sec. 222.103.  COST PARTICIPATION.
(a)  The department may participate, by spending money from any available source, in the cost of the acquisition, construction, maintenance, or operation of a toll facility of a public or private entity on terms and conditions established by the commission.  The commission shall require the repayment of any money spent.
(b)  Money repaid as required by the commission shall be deposited to the credit of the fund from which the expenditure was made.  Money deposited as required by this section is exempt from the application of Section 403.095, Government Code.
(c)  A bond or other debt obligation issued by a public or private entity to finance the cost of a toll facility in which the department participates is an obligation of the issuing entity and is not an obligation of this state.
(d)  On the request of a member of the legislature, the department shall provide the member a status report on all highway construction projects, by legislative district, that are under contract or awaiting funding.  The report shall include projects that would be funded in any manner by state, federal, or toll funds.
(e)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(31), eff. September 1, 2013.
(f)  This section applies to any participation by the department in the cost of a project under Chapter 284, 361, or 366.
(g)  The commission shall adopt rules to implement Subsection (a).
(h)  Money granted by the department each fiscal year under this section may not exceed an amount that, together with the money granted for the preceding four fiscal years, results in an average annual expenditure of $2 billion.  This limitation does not apply to money required to be repaid.
(i), (j) Repealed by Acts 2003, 78th Leg., ch. 312, Sec. 77;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.74.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.01, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1237, Sec. 1, eff. Nov. 6, 2001;  Acts 2003, 78th Leg., ch. 312, Sec. 77, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.74, 19.02, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.17, eff. June 14, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(31), eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 22, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter E. Toll Facilities › Section 222.1045. Contracts of Certain Public Entities

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 281 (H.B. 2702), Sec. 2.19
For text of section as added by Acts 2005, 79th Leg., R.S., Ch. 994 (H.B. 2139), Sec. 2, see other Sec. 222.1045.
Sec. 222.1045.  CONTRACTS OF CERTAIN PUBLIC ENTITIES.  (a)  In this section, "public entity" means a municipality, county, regional mobility authority, or regional tollway authority.
(b)  A public entity may contract with a private entity to act as the public entity's agent in:
(1)  the design, financing, maintenance, operation, or construction, including oversight and inspection, of a toll or nontoll facility under Section 222.104(b); or
(2)  the maintenance of a state highway or a portion of a state highway subject to an agreement under Section 222.104(d)(1).
(c)  A public entity shall:
(1)  select a private entity under Subsection (b) on the basis of the private entity's qualifications and experience; and
(2)  enter into a project development agreement with the private entity.
(d)  A private entity selected shall comply with Chapter 1001, Occupations Code, and all laws related to procuring engineering services and construction bidding that are applicable to the public entity that selected the private entity.
(e)  A public entity may assign the public entity's right to payment of pass-through tolls under Section 222.104(b) or (d)(1) to the private entity.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.19, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter E. Toll Facilities › Section 222.1045. Contracts of Certain Public Entities

Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 994 (H.B. 2139), Sec. 2
For text of section as added by Acts 2005, 79th Leg., R.S., Ch. 281 (H.B. 2702), Sec. 2.19, see other Sec. 222.1045.
Sec. 222.1045.  CONTRACTS OF CERTAIN PUBLIC ENTITIES.  (a)  In this section, "public entity" means a municipality, county, regional mobility authority, or a regional tollway authority.
(b)  A public entity may contract with a private entity to act as the public entity's agent in:
(1)  the design, financing, maintenance, operation, or construction, including oversight and inspection, of a toll or nontoll facility under Section 222.104(b); or
(2)  the maintenance of a state highway or a portion of a state highway converted to a toll facility under Section 222.104(c).
(c)  A public entity shall:
(1)  select a private entity under Subsection (b) on the basis of the private entity's qualifications and experience; and
(2)  enter into a project development agreement with the private entity.
(d)  A private entity selected shall comply with Chapter 1001, Occupations Code, and all laws related to procuring engineering services and construction bidding that are applicable to the public entity that selected the private entity.
(e)  A public entity may assign the public entity's right to payment of pass-through tolls under Section 222.104(b) or (c) to the private entity.
Added by Acts 2005, 79th Leg., Ch. 994 (H.B. 2139), Sec. 2, eff. June 18, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter E. Toll Facilities › Section 222.105. Purposes

Sec. 222.105.  PURPOSES.  The purposes of Sections 222.106 and 222.107 are to:
(1)  promote public safety;
(2)  facilitate the improvement, development, or redevelopment of property;
(3)  facilitate the movement of traffic; and
(4)  enhance a local entity's ability to sponsor a transportation project.
Added by Acts 2007, 80th Leg., R.S., Ch. 1320 (S.B. 1266), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 475 (H.B. 563), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 114 (S.B. 1110), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter E. Toll Facilities › Section 222.108. Transportation Reinvestment Zones for Other Transportation Projects

Sec. 222.108.  TRANSPORTATION REINVESTMENT ZONES FOR OTHER TRANSPORTATION PROJECTS.  (a)  A municipality or county may establish a transportation reinvestment zone for one or more transportation projects.  If all or part of a transportation project is subject to oversight by the department, at the option of the governing body of the municipality or county, the department, to the extent permitted by law, shall delegate full responsibility for the development, design, letting of bids, and construction of the project, including project inspection, to the municipality or county.  After assuming responsibility for a project under this subsection, a municipality or county shall enter into an agreement with the department that prescribes:
(1)  the development process;
(2)  the roles and responsibilities of the parties; and
(3)  the timelines for any required reviews or approvals.
(b)  Any portion of a transportation project developed under Subsection (a) that is on the state highway system or is located in the state highway right-of-way must comply with applicable state and federal requirements and criteria for project development, design, and construction, unless the department grants an exception to the municipality or county.
(c)  The development, design, and construction plans and specifications for the portions of a project described by Subsection (b) must be reviewed and approved by the department under the agreement entered into under Subsection (a).
(d)  In this section, "transportation project" includes:
(1)  transportation projects described by Section 370.003; and
(2)  port security, transportation, or facility projects described by Section 55.001(5).
Added by Acts 2011, 82nd Leg., R.S., Ch. 475 (H.B. 563), Sec. 5, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 114 (S.B. 1110), Sec. 8, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 114 (S.B. 1110), Sec. 11, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1182 (S.B. 971), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 17.001, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter E. Toll Facilities › Section 222.109. Reduction Prohibited

Sec. 222.109.  REDUCTION PROHIBITED.  (a)  A municipality or county may not be penalized with a reduction in traditional transportation funding because of the designation and use of a transportation reinvestment zone under this chapter.  Any funding from the department committed to a project before the date that a transportation reinvestment zone is designated may not be reduced because the transportation reinvestment zone is designated in connection with that project.
(b)  The department may not reduce any allocation of traditional transportation funding to any of its districts because a district contains a municipality or county that contains a transportation reinvestment zone designated under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 475 (H.B. 563), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter E. Toll Facilities › Section 222.111. Transportation Reinvestment Zones for Projects Located in Other Jurisdictions

Sec. 222.111.  TRANSPORTATION REINVESTMENT ZONES FOR PROJECTS LOCATED IN OTHER JURISDICTIONS.  Notwithstanding any other law, the governing body of a county or municipality may designate a transportation reinvestment zone for a transportation project located outside the boundaries of the county or municipality if:
(1)  the county or municipality finds that:
(A)  the project will benefit the property and residents located in the zone; and
(B)  the creation of the zone will serve a public purpose of that county or municipality;
(2)  a zone has been designated for the same project by one or more counties or municipalities in whose boundaries the project is located; and
(3)  an agreement for joint support of the designated zones is entered into under this section by:
(A)  the county or municipality whose boundaries do not contain the project; and
(B)  one or more of the counties or municipalities that have designated a zone for the project and in whose boundaries the project is located.
Added by Acts 2013, 83rd Leg., R.S., Ch. 114 (S.B. 1110), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.001. Contract Requiring Competitive Bids

Sec. 223.001.  CONTRACT REQUIRING COMPETITIVE BIDS.  (a)  This section applies only to a highway that is part of the state highway system.
(b)  Except as provided by Subsection (c) and Section 223.042(c), the department shall submit for competitive bids each contract for:
(1)  the improvement of a highway;
(2)  materials to be used in the construction or maintenance of a highway; or
(3)  traffic control or safety devices to be used on a highway.
(c)  The department may award a contract described by Subsection (b)(2) or (3) as a purchase of goods under Subtitle D, Title 10, Government Code, except as provided by Subsection (d), if the department:
(1)  estimates that the contract will be within an amount for which purchasing authority has been delegated to state agencies under statute or rules adopted by the comptroller; and
(2)  determines that the competitive bidding procedure in this chapter is not practical.
(d)  An award under Subsection (c) for a contract described by Subsection (b)(2) must be made to the lowest responsive bidder.
(e)  After the award of a contract described by Subsection (c), the department shall post on the department's Internet website the bid tabulation for that contract.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 431 (S.B. 1092), Sec. 1, eff. June 4, 2019.
Acts 2021, 87th Leg., R.S., Ch. 394 (S.B. 1270), Sec. 1, eff. June 7, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.002. Notice of Bids

Sec. 223.002.  NOTICE OF BIDS.   The department shall give notice regarding the time and place at which bids on a contract will be opened and the contract awarded.  The commission by rule shall determine the most effective method for providing the notice required by this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.13(a), eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 30, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.003. Notice of Proposed Contracts

Sec. 223.003.  NOTICE OF PROPOSED CONTRACTS.  (a)  A person may apply to have the name of the person placed on a list to receive notice of any proposed contracts.
(b)  The department shall send the notice to each person on that list.  The department may send the notice by mail or electronically to an e-mail address designated by the person.
(c)  The department may require each applicant to pay an annual subscription fee set by the department in an amount not to exceed the average annual costs of sending notices to the applicant.
(d)  The department shall deposit money received under this section to the credit of the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.13(b), eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 951 (S.B. 1877), Sec. 1, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 951 (S.B. 1877), Sec. 2, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.004. Filing, Opening, and Rejection of Bids

Sec. 223.004.  FILING, OPENING, AND REJECTION OF BIDS.  (a)  Except as provided by Section 223.005, a bid submitted under this subchapter must be sealed and filed with the director or the director's designee in Austin and shall be opened at a public meeting by the director or the director's designee.
(b)  All bidders may attend the opening and all bids shall be opened in their presence.
(c)  The commission by rule may prescribe conditions under which a bid may be rejected by the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.13(c), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.0041. Award of Contracts

Sec. 223.0041.  AWARD OF CONTRACTS.  (a)  Except as provided by Section 223.005, all bids received and not rejected by the department shall be tabulated and forwarded to the commission.
(b)  The commission may accept or reject the bids.  Except as provided in Subsection (c), if the bids are accepted, the commission shall award the contract to the lowest bidder, subject to Section 223.045.
(c)  For a maintenance contract involving an amount less than $300,000, if the lowest bidder withdraws its bid prior to contract award or fails to execute the contract, the director may recommend to the commission that the contract be awarded to the second lowest bidder.  The commission may award the maintenance contract to the second lowest bidder if the second lowest bidder agrees to accept the unit bid prices of the lowest bidder.  The commission shall adopt rules governing the conditions under which the department will allow the withdrawal of the bid of the lowest bidder and consider awarding a maintenance contract to the second lowest bidder.
Added by Acts 1999, 76th Leg., ch. 82, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 809 (S.B. 573), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.0042. Contract Information on Internet Website

Sec. 223.0042.  CONTRACT INFORMATION ON INTERNET WEBSITE.  The department shall make available on the department's Internet website a listing describing each contract awarded by the commission for a highway construction project.  The listing must include for each project:
(1)  the funding program source contract awardee, including subcontractors and historically underutilized business and disadvantaged business enterprise participants and percentage of contract;  and
(2)  each department transportation district in which the contract will be performed.
Added by Acts 2001, 77th Leg., ch. 271, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.005. Bids on Contracts Involving Less Than $1 Million

Sec. 223.005.  BIDS ON CONTRACTS INVOLVING LESS THAN $1 MILLION.  (a)  The commission by rule may allow bids on a contract estimated by the department to involve an amount less than $1 million to be filed with:
(1)  for a contract other than a building construction contract, the district engineer at the headquarters for the district in which the improvement is to be made and opened and read at a public meeting held by the district engineer or the district engineer's designee; or
(2)  for a building construction contract, the director of the division of the department that is responsible for the construction of the building and opened and read at a public meeting held by the division director or the division director's designee.
(b)  The commission may delegate to the director or the director's designee the right to:
(1)  accept or reject bids received, subject to Section 223.045;  and
(2)  award a contract to the lowest bidder.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.13(d), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 82, Sec. 2, eff. Aug. 30, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 200 (S.B. 1021), Sec. 1, eff. May 24, 2023.
Acts 2023, 88th Leg., R.S., Ch. 200 (S.B. 1021), Sec. 2, eff. May 24, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.006. Contractor's Bond

Sec. 223.006.  CONTRACTOR'S BOND.  A successful bidder under this subchapter shall post a bond in an amount provided by law conditioned on the faithful compliance with the bidder's bid and performance of the contract and made payable to the department for the use and benefit of the state highway fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.007. Contracts

Sec. 223.007.  CONTRACTS.  (a)  The commission shall prescribe the form of the contract and may include any matter the commission considers advantageous to the state.
(b)  Contract forms shall be uniform as near as possible.
(c)  A contract must be:
(1)  made in the name of the state;
(2)  signed by the director or the director's designee;
(3)  approved by at least two members of the commission or a designee under Section 2103.064(a), Government Code;  and
(4)  signed by the successful bidder.
(d)  The commission may delegate its authority under Subsections (a) and (b) to the director, who may delegate the delegated authority to an employee of the department who holds the rank of division director or higher.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.13(e), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.008. No Liability in Excess of Available Funds

Sec. 223.008.  NO LIABILITY IN EXCESS OF AVAILABLE FUNDS.  A contract may not be made under this subchapter that will create a liability on the state in excess of funds available for that purpose under Subchapter A, Chapter 222.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.009. Partial Payment

Sec. 223.009.  PARTIAL PAYMENT.  A contract may provide for partial payments to the contractor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 313 (H.B. 2075), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.010. Deposit and Investment of Retained Amount

Sec. 223.010.  DEPOSIT AND INVESTMENT OF RETAINED AMOUNT.  (a)  The department may retain up to five percent of the contract price. The department may continue to retain the amount until the entire improvement has been completed and accepted or release the retained amount at any time before the improvement is accepted.
(b)  At the request of the contractor and with the approval of the department and the comptroller, the amount retained may be deposited under a trust agreement with a state or national bank that has its main office or a branch office in this state and is selected by the contractor.
(c)  The department shall provide a trust agreement that protects the interests of the state.
(d)  The bank, acting as escrow agent and by instructions from the contractor, may reinvest the retained amount in a certificate of deposit issued by a state or national bank that has its main office or a branch office in this state, bank time deposit, or other similar investment prescribed by the trust agreement.
(e)  Interest earned under the trust agreement shall be paid to the contractor unless specified otherwise under the trust agreement.
(f)  The escrow agent is responsible for all investments and amounts resulting from the deposits of the retained amount until released from that responsibility under the trust agreement.
(g)  The contractor shall pay all expenses incident to the deposit and all charges made by the escrow agent for custody of the securities and forwarding of interest on those securities.  Those expenses or charges may not apply to the contract or to the state.
(h)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 313, Sec. 3, eff. June 15, 2007.
(i)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 313, Sec. 3, eff. June 15, 2007.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 18.01, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 344, Sec. 5.014, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 902, Sec. 1, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 1261, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(102), 21.002(19), eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 313 (H.B. 2075), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 313 (H.B. 2075), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.012. Contractor Performance

Sec. 223.012.  CONTRACTOR PERFORMANCE.  (a)  The commission shall adopt rules to:
(1)  establish a range of contract remedies to be included in all low-bid highway improvement contracts, including enforceable corrective action plans and criteria for prohibiting contractors with significant project completion delays from bidding on new projects, and develop a process and criteria for when to apply each contract remedy;
(2)  develop and implement a schedule for liquidated damages that accurately reflects the costs associated with project completion delays, including administrative and travel delays; and
(3)  develop a contractor performance evaluation process and an evaluation tool that:
(A)  allows for the  review of contractor bidding capacity to ensure that contractors meet each quality, safety, and timeliness standard established by the commission; and
(B)  contains criteria for modifying a contractor's bidding capacity for competitively bid highway improvement contracts when appropriate.
(b)  In developing the rules required by Subsection (a)(1), the commission must:
(1)  consult with industry contractors; and
(2)  consider contract remedies used by:
(A)  other state agencies; and
(B)  departments of transportation in other states.
(c)  The rules adopted under Subsection (a)(2) must:
(1)  include criteria for identifying projects that have a significant impact on the traveling public; and
(2)  require the department to calculate project-specific liquidated damages for projects described by Subdivision (1) that reflect the true cost of travel delays.
(d)  In developing the evaluation tool required by Subsection (a)(3), the commission must consult with industry contractors.
(e)  The rules adopted under Subsection (a)(3) must:
(1)  provide for a process for contractors to appeal the contractors' evaluations; and
(2)  include criteria for the use of the evaluations by the department to address contractor performance problems.
(f)  Rules adopted under this section must require:
(1)  contractual provisions providing for the consideration of sufficient time; and
(2)  the department to consider any events outside a contractor's control before assessing a penalty against the contractor.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.22, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 23, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.013. Electronic Bidding System

Sec. 223.013.  ELECTRONIC BIDDING SYSTEM.  (a)  The department may establish an electronic bidding system for highway construction and maintenance contracts.
(b)  The system must permit a qualified vendor to electronically submit a bid, including any contract, signature, or verification of a guaranty check by a financial institution.
(c)  That part of Section 223.004(a) requiring a bid to be opened at a public hearing of the commission does not apply to an electronically submitted bid.  A copy of each electronically submitted bid shall be publicly posted within 48 hours after bids are opened.
(d)  After the electronic bidding system is established, the department shall take the actions necessary to recover the department's costs of manually processing bids from a person who does not submit an electronic bid.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.22, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.014. Bid Guaranty

Sec. 223.014.  BID GUARANTY.  (a)  The commission by rule shall provide a method by which a bidder may submit a bid guaranty.  A rule may authorize the use of an electronic funds transfer, a check, including an electronic check, a money order, an escrow account, a trust account, a credit card issued by a financial institution chartered by a state or the United States or by a nationally recognized credit organization approved by the department, or another method the commission determines to be suitable.  The department may require the payment of a discount or service charge for the use of a credit card.
(b)  The department may establish one or more escrow accounts in the state highway fund for the prepayment of bid guaranties.  The bid guaranties and any fees the department establishes to administer this subsection shall be administered in accordance with an agreement approved by the department.  Notwithstanding any other law and as specified in the agreement, any available accumulated interest and other income earned on money in an escrow account shall be paid to the bidder or credited to the escrow account.
(c)  The department shall deposit each administrative fee and discount and service charge collected under this section to the credit of the state highway fund.
(d)  The commission's rules may not prohibit a bidder from submitting a bid guaranty by use of a cashier's check, money order, or teller's check.
Added by Acts 2001, 77th Leg., ch. 55, Sec. 1, eff. May 8, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.015. Deposit and Investment of Bid Guaranty

Sec. 223.015.  DEPOSIT AND INVESTMENT OF BID GUARANTY.  (a)  The department may authorize the use of a trust account for the purpose of providing a required bid guaranty.
(b)  The guaranty shall be deposited in accordance with a trust agreement with a state or nationally chartered financial institution that has its main office or a branch office in this state and that is selected by the bidder.
(c)  The department shall prescribe a trust agreement that protects the interests of this state.
(d)  Interest earned under the trust agreement shall be paid to the bidder unless specified otherwise in the trust agreement.
(e)  The applicable financial institution is responsible for all amounts resulting from the deposit of the guaranty until released from that responsibility in accordance with the trust agreement.
(f)  The bidder shall pay all expenses incident to the deposit and all charges imposed by the financial institution for custody of the guaranties and forwarding of interest on a bid guaranty.  The expenses may not be included in the bid and are not otherwise the responsibility of the state.
(g)  On the request of a bidder, the financial institution may reinvest the guaranty amounts in a certificate of deposit or another similar instrument prescribed by the trust agreement.  The certificate of deposit or other instrument must be issued by a state or nationally chartered financial institution that has its main office or a branch office in this state.
(h)  On request, the financial institution shall certify and verify to the department the amount on deposit.  The trust agreement must specify the method for providing the required information.
Added by Acts 2001, 77th Leg., ch. 55, Sec. 1, eff. May 8, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter A. Competitive Bids › Section 223.016. Form of Proposal Guaranty

Sec. 223.016.  FORM OF PROPOSAL GUARANTY.  If the department by rule requires a proposal guaranty as a condition of bidding for a contract, the guaranty may be in the form of:
(1)  a cashier's check or money order drawn on a financial entity specified by the department;  or
(2)  a bid bond issued by a surety authorized to do business in this state;  or
(3)  any other method determined to be suitable by the department.
Added by Acts 2001, 77th Leg., ch. 833, Sec. 1, eff. Jan. 1, 2002.  Renumbered from Transportation Code Sec. 223.014 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(126), eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter B. Contract Provisions › Section 223.041. Engineering and Design Contracts

Sec. 223.041.  ENGINEERING AND DESIGN CONTRACTS.  (a)  The department shall use private sector engineering-related services to assist in accomplishing its activities in providing transportation projects.  For the purpose of this section, engineering-related services means engineering, land surveying, environmental, transportation feasibility and financial, architectural, real estate appraisal, and materials laboratory services.  These engineering-related services are for highway improvements, right-of-way acquisition, and aviation improvements.
(b)  The department, in setting a minimum level of expenditures in these engineering-related activities that will be paid to the private sector providers, shall provide that the expenditure level for a state fiscal year in all strategies paid to private sector providers for all department engineering-related services for transportation projects is not less than 35 percent of the total funds appropriated in Strategy A.1.1.  Plan/Design/Manage and Strategy A.1.2. of the General Appropriations Act for that state fiscal biennium.  The department shall attempt to make expenditures for engineering-related services with private sector providers under this subsection with historically underutilized businesses, as defined by Section 2161.001, Government Code, in an amount consistent with the applicable provisions of the Government Code, any applicable state disparity study, and in accordance with the good-faith-effort procedures outlined in the rules adopted by the comptroller.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 16, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1171, Sec. 1.23, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.20, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.112, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter B. Contract Provisions › Section 223.043. Citizen's Preference in Employment

Sec. 223.043.  CITIZEN'S PREFERENCE IN EMPLOYMENT.  In a contract for the construction, maintenance, or improvement of a designated state highway, the department may require that a citizen of the United States and of the county in which construction, maintenance, or improvement of the highway is being proposed shall be given preference in employment to perform manual labor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter B. Contract Provisions › Section 223.044. Inmate Labor or Labor of Persons Placed on Community Supervision for Improvement Projects

Sec. 223.044.  INMATE LABOR OR LABOR OF PERSONS PLACED ON COMMUNITY SUPERVISION FOR IMPROVEMENT PROJECTS.  (a)  The commission may authorize the department to contract with a criminal justice agency or a private correctional facility for the provision of inmate labor or the labor of persons placed on community supervision for a state highway system improvement project.
(b)  A contract with a criminal justice agency must be made in conformity with Chapter 771, Government Code.
(c)  In this section, "criminal justice agency" includes:
(1)  the Texas Department of Criminal Justice;
(2)  a community supervision and corrections department established under Chapter 76, Government Code;  and
(3)  a sheriff's department operating:
(A)  a county farm or workhouse established under Article 43.10, Code of Criminal Procedure;  or
(B)  a county correctional center established under Section 351.181, Local Government Code.
(d)  A contract with a private correctional facility under this section may not provide for the transfer of public funds to the private correctional facility for the use of inmate labor.
(e)  The commission may authorize the department to contract with the Texas Department of Criminal Justice for the provision of inmate labor or the labor of persons placed on community supervision for a brush control project, as defined by Section 203.001, Agriculture Code, on an area located on or adjacent to a state highway system improvement project.
(f)  The State Soil and Water Conservation Board may also enter into a contract with the Texas Department of Criminal Justice for the provision of inmate labor or the labor of persons placed on community supervision to perform a brush control project described by Subsection (e) or under Chapter 203, Agriculture Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 795, Sec. 1, eff. June 17, 1997;  Acts 1999, 76th Leg., ch. 484, Sec. 1 to 4, eff. Aug. 30, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter B. Contract Provisions › Section 223.045. Iron and Steel Preference Provisions in Improvement Contracts

Sec. 223.045.  IRON AND STEEL PREFERENCE PROVISIONS IN IMPROVEMENT CONTRACTS.  A contract awarded by the department for the improvement of the state highway system without federal aid must contain the same preference provisions for iron and steel and iron and steel products that are required under federal law for an improvement made with federal aid.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 597 (S.B. 1289), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter B. Contract Provisions › Section 223.046. Use of Fly Ash and Bottom Ash for Road Construction

Sec. 223.046.  USE OF FLY ASH AND BOTTOM ASH FOR ROAD CONSTRUCTION.  Design standards, guidelines, and specifications of the department, a county, or a municipality shall require that contract specifications for a road construction project allow for the use of fly ash and bottom ash resulting from combustion of coal or other fossil fuels and used for paving, bridge construction, and other appropriate road construction unless that use is technically inappropriate according to sound engineering principles or increases the cost of that construction.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter B. Contract Provisions › Section 223.047. Preference for Rubberized Asphalt Paving Made From Scrap Tires

Sec. 223.047.  PREFERENCE FOR RUBBERIZED ASPHALT PAVING MADE FROM SCRAP TIRES.  (a)  If the department, a county, or a municipality uses rubberized asphalt paving, the department, county, or municipality shall use scrap tires converted to rubberized asphalt paving by a facility in this state if available.
(b)  In comparing bids submitted for road construction that require paving, the department, a county, or a municipality may give a preference to a bid that provides for using, as a part of the paving material, rubberized asphalt paving described by Subsection (a) if the cost of that paving material does not exceed by more than 15 percent the bid cost of alternative paving materials for the same job.  The cost of the materials must be determined by a life-cycle cost benefit analysis.
(c)  In this section:
(1)  "Rubberized asphalt" means an asphalt material containing at least 15 percent by weight of a reacted whole scrap tire.
(2)  "Scrap tire" means a tire that can no longer be used for its original intended purpose.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter B. Contract Provisions › Section 223.048. Time of Payment

Sec. 223.048.  TIME OF PAYMENT.  The department may not pay a contractor for highway improvement, construction, or maintenance before the 10th day of the month after the month in which the work is performed or the material is used.  The department shall make payment as soon after that date as is practical.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter B. Contract Provisions › Section 223.049. Contract With Land Owner for Improving Access to Land

Sec. 223.049.  CONTRACT WITH LAND OWNER FOR IMPROVING ACCESS TO LAND.  (a) The department may, without complying with the competitive bidding procedures of Subchapter A, contract with an owner of land, including a subdivision, adjacent to a highway that is part of the state highway system to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner's land.
(b)  An owner that enters into a contract with the department under this section must:
(1)  comply with applicable department design and construction standards;
(2)  comply with all laws, rules, regulations, and ordinances, including environmental requirements, that would be applicable if the department were performing the work;
(3)  execute a performance and payment bond in accordance with Chapter 2253, Government Code; and
(4)  make available for inspection by the department all books and other records in the possession of the owner that are related to the project.
(c)  State and federal funds may not be used for the design, development, financing, or construction of a highway improvement under a contract described by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.13, eff. September 1, 2011.