| 1 | 1 | | By: Nichols S.B. No. 1294 |
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| 2 | 2 | | (In the Senate - Filed March 11, 2015; March 18, 2015, read |
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| 3 | 3 | | first time and referred to Committee on Transportation; |
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| 4 | 4 | | April 20, 2015, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 7, Nays 2; April 20, 2015, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1294 By: Nichols |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to certain limitations on design-build contracts for |
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| 14 | 14 | | transportation infrastructure projects. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 223.241, Transportation Code, is amended |
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| 17 | 17 | | by adding Subdivision (3) to read as follows: |
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| 18 | 18 | | (3) "Highway project" means a single facility between |
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| 19 | 19 | | two defined points in a highway corridor. |
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| 20 | 20 | | SECTION 2. Section 223.242, Transportation Code, is amended |
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| 21 | 21 | | by adding Subsections (b-1), (f), and (g) and amending Subsections |
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| 22 | 22 | | (d) and (d-1) to read as follows: |
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| 23 | 23 | | (b-1) A design-build contract under this subchapter may |
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| 24 | 24 | | include a maintenance agreement requiring a design-build |
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| 25 | 25 | | contractor to maintain a project for an initial term of not longer |
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| 26 | 26 | | than five years. The maintenance agreement may authorize the |
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| 27 | 27 | | department, in its sole discretion, to exercise options extending |
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| 28 | 28 | | the term of the maintenance agreement for additional periods beyond |
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| 29 | 29 | | the initial maintenance term with each additional period being not |
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| 30 | 30 | | longer than five years. The department shall obtain pricing for the |
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| 31 | 31 | | maintenance work for each maintenance term. The department may |
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| 32 | 32 | | require separate pricing for the maintenance work to be performed |
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| 33 | 33 | | for each year of a maintenance term. |
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| 34 | 34 | | (d) The department may enter into a design-build contract |
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| 35 | 35 | | for a highway project with a construction cost estimate of $250 |
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| 36 | 36 | | [$50] million or more to the department. |
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| 37 | 37 | | (d-1) The department may not enter into more than three |
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| 38 | 38 | | contracts under this section in each fiscal year. [This subsection |
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| 39 | 39 | | expires August 31, 2015.] |
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| 40 | 40 | | (f) The department shall not use the design-build method for |
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| 41 | 41 | | the construction, expansion, extension, rehabilitation, |
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| 42 | 42 | | alteration, or repair of a highway project if the project is |
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| 43 | 43 | | substantially designed by the department or another entity other |
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| 44 | 44 | | than the design-build contractor. |
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| 45 | 45 | | (g) The department shall not include more than one highway |
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| 46 | 46 | | project in a design-build contract. |
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| 47 | 47 | | SECTION 3. (a) Section 223.242(b-1), Transportation Code, |
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| 48 | 48 | | as added by this Act, applies only to a contract entered into on or |
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| 49 | 49 | | after the effective date of this Act. A contract entered into |
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| 50 | 50 | | before that date is governed by the law as it existed on the date the |
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| 51 | 51 | | contract was entered into, and that law is continued in effect for |
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| 52 | 52 | | that purpose. |
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| 53 | 53 | | (b) Sections 223.242(f) and (g), Transportation Code, as |
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| 54 | 54 | | added by this Act, apply only to a highway project for which a |
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| 55 | 55 | | request for qualifications is issued on or after the effective date |
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| 56 | 56 | | of this Act. A highway project for which a request for |
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| 57 | 57 | | qualifications is issued before the effective date of this Act is |
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| 58 | 58 | | governed by the law in effect on the date the request for |
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| 59 | 59 | | qualifications was issued, and that law is continued in effect for |
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| 60 | 60 | | that purpose. |
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| 61 | 61 | | SECTION 4. This Act takes effect immediately if it receives |
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| 62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 65 | | Act takes effect on the 91st day after the last day of the |
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| 66 | 66 | | legislative session. |
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| 67 | 67 | | * * * * * |
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