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AN ACT
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relating to changes made by certain design-build contractors to the |
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design-build team for transportation projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 223, Transportation Code, |
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is amended by adding Section 223.2475 to read as follows: |
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Sec. 223.2475. CHANGES TO DESIGN-BUILD TEAM. (a) A |
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design-build contractor selected for a contract may not make |
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changes to companies or entities identified as part of the |
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design-build team in a response to a request for proposals unless an |
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identified company or entity: |
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(1) is no longer in business, is unable to fulfill its |
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legal, financial, or business obligations, or can no longer meet |
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the terms of the teaming agreement proposed for the project with the |
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design-build contractor; |
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(2) voluntarily removes itself from the team; |
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(3) fails to provide a sufficient number of qualified |
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personnel to fulfill the duties identified during the proposal |
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stage; or |
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(4) fails to negotiate in good faith in a timely manner |
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in accordance with provisions established in the teaming agreement |
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proposed for the project. |
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(b) If the design-build contractor makes design-build team |
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changes in violation of Subsection (a), any cost savings resulting |
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from the changes accrue to the department and not to the |
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design-build contractor. |
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SECTION 2. Subchapter K, Chapter 370, Transportation Code, |
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is amended by adding Section 370.4075 to read as follows: |
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Sec. 370.4075. CHANGES TO DESIGN-BUILD TEAM. (a) A |
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design-build contractor selected for a contract may not make |
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changes to companies or entities identified as part of the |
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design-build team in a response to a request for proposals unless an |
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|
identified company or entity: |
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(1) is no longer in business, is unable to fulfill its |
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|
legal, financial, or business obligations, or can no longer meet |
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the terms of the teaming agreement proposed for the project with the |
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design-build contractor; |
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(2) voluntarily removes itself from the team; |
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(3) fails to provide a sufficient number of qualified |
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personnel to fulfill the duties identified during the proposal |
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stage; or |
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(4) fails to negotiate in good faith in a timely manner |
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in accordance with provisions established in the teaming agreement |
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proposed for the project. |
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(b) If the design-build contractor makes design-build team |
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changes in violation of Subsection (a), any cost savings resulting |
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from the changes accrue to the authority and not to the design-build |
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contractor. |
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SECTION 3. The changes in law made by this Act apply only to |
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a contract, highway project, or transportation project for which |
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the Texas Department of Transportation or an authority under |
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Chapter 370, Transportation Code, first advertises or otherwise |
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requests proposals or qualifications on or after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1542 was passed by the House on April |
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30, 2019, by the following vote: Yeas 140, Nays 6, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1542 was passed by the Senate on May |
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21, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |