Texas Transportation Code

§ 223.242 — SCOPE OF AND LIMITATIONS ON CONTRACTS

TN § 223.242Title 6. ROADWAYS · Part B. STATE HIGHWAY SYSTEM · Ch. 223. BIDS AND CONTRACTS FOR HIGHWAY PROJECTS · Art. F. DESIGN-BUILD CONTRACTS

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(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.

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Legislative history

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.