reglab/statecodes huggingface dataset:
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 223.050. Preference for Certain Providers

Sec. 223.050.  PREFERENCE FOR CERTAIN PROVIDERS.  (a)  Except as provided by Subsection (d), in awarding a contract to a private sector provider, the department shall give preference to a private sector provider if:
(1)  the preference serves to create a positive economic impact on job growth and job retention in this state;
(2)  the transportation project for which the contract is being awarded is funded entirely from:
(A)  state funds;
(B)  local funds; or
(C)  a combination of state and local funds; and
(3)  the amount of the bid or proposal of the provider does not exceed an amount equal to 105 percent of the lowest bid or proposal received by the department for the transportation project.
(b)  The department, in determining whether the preference under Subsection (a) serves to create a positive economic impact on job growth and job retention in this state, may consider a private sector provider's employment presence and business establishments in this state.
(c)  This section does not apply to the procurement of professional services under Subchapter A, Chapter 2254, Government Code.
(d)  The department may not give a preference under this section if:
(1)  as a result of the preference, a private sector provider would not be awarded a contract; and
(2)  the principal place of business of the private sector provider described by Subdivision (1) is located in a state that:
(A)  borders this state; and
(B)  does not give a preference to private sector providers in a manner similar to this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1404 (H.B. 3648), Sec. 3, eff. June 14, 2013.
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 223.051. Verification by Contractors

Sec. 223.051.  VERIFICATION BY CONTRACTORS.  (a)  In this section, "E-verify program" has the meaning assigned by Section 673.001, Government Code.
(b)  The department may not award a contract for the construction, maintenance, or improvement of a highway in this state to a contractor unless the contractor and any subcontractor register with and participate in the E-verify program to verify employee information.  The contractor and any subcontractor must continue to participate in the program during the term of the contract.
(c)  The department shall develop procedures for the administration and enforcement of this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 24, 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 223.052. Notification by Certain Municipalities of Scheduled Event

Sec. 223.052.  NOTIFICATION BY CERTAIN MUNICIPALITIES OF SCHEDULED EVENT.  (a)  This section applies only to a municipality that:
(1)  is partially located in three counties, two of which have a population of 2.1 million or more;
(2)  is primarily located in a county with a population of 2.1 million or more; and
(3)  has within its boundaries all or part of an international airport operated jointly by two municipalities.
(b)  A contract for an improvement to a segment of the state highway system must prohibit a contractor from temporarily closing the highway, including temporarily relocating or changing an entrance or exit ramp to or from the highway, on the date that an event is scheduled to be held in a municipality in which the improvement is being proposed if, not later than 180 days before the date the event is scheduled to be held, the municipality notifies the department and the contractor of the date.
Added by Acts 2017, 85th Leg., R.S., Ch. 1155 (S.B. 82), Sec. 1, eff. September 1, 2017.
Redesignated from Transportation Code, Section 223.051 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(45), eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 241, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter C. Expedited Highway Improvement Contracts › Section 223.101. Definitions

Sec. 223.101.  DEFINITIONS.  In this subchapter:
(1)  "Highway emergency" means a situation or condition of a designated state highway that:
(A)  poses an imminent threat to life or property of travelers;  or
(B)  substantially disrupts the orderly flow of traffic and commerce.
(2)  "Highway improvement contract" means a contract awarded by the department for the construction, repair, or maintenance of a designated state highway or any part of that highway.
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 C. Expedited Highway Improvement Contracts › Section 223.102. Award of Emergency Highway Improvement Contract

Sec. 223.102.  AWARD OF EMERGENCY HIGHWAY IMPROVEMENT CONTRACT.  As an alternative to the procedure provided by Subchapter A, in a highway emergency the department may award a highway improvement contract in accordance with rules adopted by the commission, which may include:
(1)  contractor eligibility;
(2)  notification of prospective bidders;
(3)  bidding requirements;
(4)  procedures for awarding the contract;
(5)  bonding or other requirements to ensure satisfactory performance by the contractor and the protection of claimants supplying labor and materials used in performance;
(6)  contract form and content;  and
(7)  provision for a waiver of or exception to a procedure or requirement adopted under this section.
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 C. Expedited Highway Improvement Contracts › Section 223.103. Certification of Emergency

Sec. 223.103.  CERTIFICATION OF EMERGENCY.  (a)  Before awarding a contract under this subchapter, the director or a person the director designates must certify in writing a description of the highway emergency.
(b)  A person designated under Subsection (a) may not occupy a position below the level of deputy director.
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 C. Expedited Highway Improvement Contracts › Section 223.104. Contract Requirements

Sec. 223.104.  CONTRACT REQUIREMENTS.  (a)  A contract awarded under this subchapter must:
(1)  be in the name of the state;
(2)  be signed by the director or a person the director designates;  and
(3)  have attached a copy of the certification required by Section 223.103.
(b)  A person designated under Subsection (a) may not occupy a position below the level of district engineer.
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 C. Expedited Highway Improvement Contracts › Section 223.105. Notification of Commission

Sec. 223.105.  NOTIFICATION OF COMMISSION.  Not later than the fifth working day after the date on which the contract is awarded, the director shall notify in writing each member of the commission of the details of the highway emergency and the award of the contract.
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 D. Contracts for Environmental or Cultural Assessment › Section 223.151. Applicability

Sec. 223.151.  APPLICABILITY.  This subchapter:
(1)  applies to services of a technical expert, including an archeologist, biologist, geologist, or historian, to conduct an environmental or cultural assessment required by state or federal law for a transportation project under the authority or jurisdiction of the department; and
(2)  does not apply to services defined as engineering by the Texas Board of Professional Engineers and Land Surveyors under Chapter 1001, Occupations Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.15(a), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.820, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.14, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 223 - Bids and Contracts for Highway Projects › Subchapter D. Contracts for Environmental or Cultural Assessment › Section 223.152. Determination by Department

Sec. 223.152.  DETERMINATION BY DEPARTMENT.  The department may use competitive sealed proposals to obtain services under this subchapter if the department determines that competitive sealed bidding or informal competitive bidding is:
(1)  not practical;  or
(2)  disadvantageous to the state.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.15(a), 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 D. Contracts for Environmental or Cultural Assessment › Section 223.153. Solicitation of Proposals

Sec. 223.153.  SOLICITATION OF PROPOSALS.  The department shall solicit proposals under this subchapter using the procedure by which the department procures services under Subchapter A, Chapter 2254, Government Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.15(a), 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 D. Contracts for Environmental or Cultural Assessment › Section 223.154. Opening of Proposals; Disclosure of Information

Sec. 223.154.  OPENING OF PROPOSALS;  DISCLOSURE OF INFORMATION.  (a)  The department:
(1)  shall open each proposal received under this subchapter so as to avoid disclosure of contents to competing offerors during the process of negotiation;  and
(2)  may not disclose any information to an offeror that is derived from a proposal received from another offeror.
(b)  After the award of a contract under this subchapter, each proposal submitted to the department is open for public inspection, except as provided by Chapter 552, Government Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.15(a), 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 D. Contracts for Environmental or Cultural Assessment › Section 223.155. Discussions With Offerors

Sec. 223.155.  DISCUSSIONS WITH OFFERORS.  (a)  As provided in a request for proposals and under rules adopted by the commission, the department may discuss an acceptable or potentially acceptable proposal with the offeror to assess that offeror's ability to meet each requirement of the solicitation.
(b)  To obtain the best final offer, before the department awards a contract under this subchapter, the department may permit an offeror to revise the offeror's proposal.
(c)  The department shall provide each offeror an equal opportunity to discuss and revise the offeror's proposal.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.15(a), 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 D. Contracts for Environmental or Cultural Assessment › Section 223.156. Award of Contract

Sec. 223.156.  AWARD OF CONTRACT.  (a)  Except as provided by Subsection (c), the department shall make a written award of a contract under this subchapter to the offeror whose proposal is the most advantageous to the state, considering price and the evaluation factors in the request for proposals.
(b)  The contract file must state in writing the basis on which the award is made.
(c)  If the department finds that none of the proposals is acceptable, the department shall reject all proposals.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.15(a), 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 D. Contracts for Environmental or Cultural Assessment › Section 223.157. Rules

Sec. 223.157.  RULES.  The department may adopt rules to implement this subchapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.15(a), 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 E. Comprehensive Development Agreements › Section 223.2011. Limited Authority for Certain Projects Using Comprehensive Development Agreements

Sec. 223.2011.  LIMITED AUTHORITY FOR CERTAIN PROJECTS USING COMPREHENSIVE DEVELOPMENT AGREEMENTS.  (a)  Notwithstanding Sections 223.201(f) and 370.305(c), the department or an authority under Section 370.003 may enter into a comprehensive development agreement relating to improvements to, or construction of, all or part of:
(1)  the Loop 1 (MoPac Improvement) project from Farm-to-Market Road 734 to Cesar Chavez Street;
(2)  the U.S. 183 (Bergstrom Expressway) project from Springdale Road to Patton Avenue;
(3)  a project consisting of the construction of:
(A)  the Outer Parkway Project in Cameron County from U.S. Highway 77 to Farm-to-Market Road 1847; and
(B)  the South Padre Island Second Access Causeway Project from State Highway 100 to Park Road 100;
(4)  the Loop 49 project from Interstate 20 to U.S. Highway 69 (Lindale Relief Route) and from State Highway 110 to U.S. Highway 259 (Segments 6 and 7);
(5)  the Loop 375 Border Highway West project in El Paso County from Race Track Drive to U.S. Highway 54;
(6)  the Northeast Parkway project in El Paso County from Loop 375 east of the Railroad Drive overpass to the Texas-New Mexico border;
(7)  the Loop 1604 project in Bexar County;
(8)  the Hidalgo County Loop project; and
(9)  the International Bridge Trade Corridor project.
(b)  Before the department or an authority may enter into a comprehensive development agreement under this section, the department or the authority, as applicable, must meet the requirements under Section 223.201(j).
(c)  Not later than December 1, 2014, the department or the authority, as applicable, shall provide a report to the commission on the status of a project described by Subsection (a).  The report must include:
(1)  the status of the project's environmental clearance;
(2)  an explanation of any project delays; and
(3)  if the procurement is not completed, the anticipated date for the completion of the procurement.
(d)  The department may not provide any financial assistance to an authority to pay for the costs of procuring an agreement under this section.
(e)  In this section, "environmental clearance" means:
(1)  a finding of no significant impact has been issued for the project or, as applicable, for the initial or base scope of the project; or
(2)  for a project for which an environmental impact statement is prepared, a record of decision has been issued for that project or, as applicable, for the initial or base scope of the project.
(f)  The authority to enter into a comprehensive development agreement under this section expires August 31, 2017.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 32, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1234 (S.B. 1730), Sec. 2, 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 E. Comprehensive Development Agreements › Section 223.2012. North Tarrant Express Project Provisions

Sec. 223.2012.  NORTH TARRANT EXPRESS PROJECT PROVISIONS.  (a)  In this section, the North Tarrant Express project is the project described by Section 223.201(f)(3) entered into on June 23, 2009.
(b)  The comprehensive development agreement for the North Tarrant Express project may provide for negotiating and entering into facility agreements for future phases or segments of the project at the times that the department considers advantageous to the department.
(c)  The department is not required to use any further competitive procurement process to enter into one or more related facility agreements with the developer or an entity controlled by, to be controlled by, or to be under common control with the developer under the comprehensive development agreement for the North Tarrant Express project.
(d)  A facility agreement for the North Tarrant Express project must terminate on or before June 22, 2061.  A facility agreement may not be extended or renewed beyond that date.
(e)  The department may include or negotiate any matter in a comprehensive development agreement for the North Tarrant Express project that the department considers advantageous to the department.
(f)  The comprehensive development agreement for the North Tarrant Express project may provide the developer or an entity controlled by, to be controlled by, or to be under common control with the developer with a right of first negotiation under which the developer may elect to negotiate with the department and enter into one or more related facility agreements for future phases or segments of the project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 32, eff. June 17, 2011.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 223.250. Performance or Payment Bond

Sec. 223.250.  PERFORMANCE OR PAYMENT BOND.  (a)  The department shall require a design-build contractor to provide:
(1)  a performance and payment bond;
(2)  an alternative form of security; or
(3)  a combination of the forms of security described by Subdivisions (1) and (2).
(b)  Except as provided by Subsection (c), a performance and payment bond, alternative form of security, or combination of the forms 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 security.
(d)  A performance and payment bond is not required for the portion of a design-build contract under this section that includes design services only.
(e)  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 provided by a bank meeting the requirements specified in the request for proposals; or
(4)  any other form of security determined suitable by the department.
(f)  Section 223.006 of this code and Chapter 2253, Government Code, do not apply to a bond or alternative form of security required under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 34, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 224 - Acquisition, Construction, and Maintenance › Subchapter A. Acquisition Generally › Section 224.001. Acquisition by Department

Sec. 224.001.  ACQUISITION BY DEPARTMENT.  The department shall acquire by purchase, gift, or eminent domain any right-of-way necessary for the national system of interstate and defense highways.
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 224 - Acquisition, Construction, and Maintenance › Subchapter A. Acquisition Generally › Section 224.002. Acquisition by County or Municipality Generally

Sec. 224.002.  ACQUISITION BY COUNTY OR MUNICIPALITY GENERALLY.  (a)  A county or municipality shall acquire, in the manner provided by law, the highway right-of-way that is requested by the department.
(b)  Chapter 21, Property Code, governs the procedure for an acquisition by eminent domain.
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 224 - Acquisition, Construction, and Maintenance › Subchapter A. Acquisition Generally › Section 224.003. Acquisition by Commissioners Court

Sec. 224.003.  ACQUISITION BY COMMISSIONERS COURT.  (a)  The commissioners court of a county may acquire by purchase or eminent domain any real property, including a right-of-way, or material, including timber, earth, stone, or gravel, that the commission determines is necessary or convenient to a state highway to be constructed, reconstructed, maintained, widened, straightened, or extended.  Real property acquired for streambed diversion may not exceed 100 feet in width.
(b)  The commission shall furnish to the commissioners court the plats or field notes of the real property and the description of any required materials.  After receiving the plats, notes, or description, the commissioners court may make the acquisition in accordance with those documents.
(c)  The acquisition is on behalf of the state with title to the State of Texas.
(d)  The commissioners court may exercise the power of eminent domain within the limits of a municipality only with the prior consent of the municipality's governing body.
(e)  The county may pay for the acquisition from the county road and bridge fund, a special road fund, or any other available county 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 224 - Acquisition, Construction, and Maintenance › Subchapter A. Acquisition Generally › Section 224.004. State's Use of Eminent Domain

Sec. 224.004.  STATE'S USE OF EMINENT DOMAIN.  (a)  If the commissioners court does not acquire a right-of-way under Section 224.003, the commission shall immediately serve the commissioners court with an order identifying the right-of-way by field notes and requesting the commissioners court to acquire the right-of-way.
(b)  Not later than the 10th day after the date the order is served, the commission shall direct the attorney general to initiate eminent domain proceedings on behalf of the state to acquire the right-of-way.
(c)  Venue is in the county in which the right-of-way is located.  The district or county attorney for that county shall initiate the eminent domain proceedings.
(d)  Chapter 21, Property Code, governs the procedure for the eminent domain proceeding except that the county judge appoints the special commissioners.
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 224 - Acquisition, Construction, and Maintenance › Subchapter A. Acquisition Generally › Section 224.005. Participation by Department

Sec. 224.005.  PARTICIPATION BY DEPARTMENT.  (a)  In the acquisition of a right-of-way requested by the department in cooperation with local officials for a highway designated by the commission as a United States highway or state highway, the department shall pay to the county or municipality not less than 90 percent of the value, as determined by the department, of the right-of-way or the net cost of the right-of-way, whichever amount is less.
(b)  If the acquisition is by eminent domain, the participation by the department shall be based on the final judgment if the department has been notified in writing before the filing of the suit and given prompt notice as to all action taken in the suit.  The department is entitled to become a party at any time for any purpose, including the right of appeal.
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 224 - Acquisition, Construction, and Maintenance › Subchapter A. Acquisition Generally › Section 224.006. Payment to County or Municipality

Sec. 224.006.  PAYMENT TO COUNTY OR MUNICIPALITY.  (a)  On delivery to the department of acceptable instruments conveying to the state the requested right-of-way, the department shall prepare and transmit to the comptroller vouchers covering the payment to the county or municipality of the department's share of the cost of acquiring the right-of-way.
(b)  The comptroller shall issue warrants on the appropriate account covering the state's obligation as evidenced by the vouchers.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.