Texas 2019 - 86th Regular

Texas House Bill HB1542 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1542
	1	+	By: Martinez (Senate Sponsor - Hinojosa) H.B. No. 1542
	2	+	(In the Senate - Received from the House April 30, 2019;
	3	+	May 3, 2019, read first time and referred to Committee on
	4	+	Transportation; May 13, 2019, reported favorably by the following
	5	+	vote: Yeas 8, Nays 0; May 13, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to changes made by certain design-build contractors to the
6	12		design-build team for transportation projects.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter F, Chapter 223, Transportation Code,
9	15		is amended by adding Section 223.2475 to read as follows:
10	16		Sec. 223.2475. CHANGES TO DESIGN-BUILD TEAM. (a) A
11	17		design-build contractor selected for a contract may not make
12	18		changes to companies or entities identified as part of the
13	19		design-build team in a response to a request for proposals unless an
14	20		identified company or entity:
15	21		(1) is no longer in business, is unable to fulfill its
16	22		legal, financial, or business obligations, or can no longer meet
17	23		the terms of the teaming agreement proposed for the project with the
18	24		design-build contractor;
19	25		(2) voluntarily removes itself from the team;
20	26		(3) fails to provide a sufficient number of qualified
21	27		personnel to fulfill the duties identified during the proposal
22	28		stage; or
23	29		(4) fails to negotiate in good faith in a timely manner
24	30		in accordance with provisions established in the teaming agreement
25	31		proposed for the project.
26	32		(b) If the design-build contractor makes design-build team
27	33		changes in violation of Subsection (a), any cost savings resulting
28	34		from the changes accrue to the department and not to the
29	35		design-build contractor.
30	36		SECTION 2. Subchapter K, Chapter 370, Transportation Code,
31	37		is amended by adding Section 370.4075 to read as follows:
32	38		Sec. 370.4075. CHANGES TO DESIGN-BUILD TEAM. (a) A
33	39		design-build contractor selected for a contract may not make
34	40		changes to companies or entities identified as part of the
35	41		design-build team in a response to a request for proposals unless an
36	42		identified company or entity:
37	43		(1) is no longer in business, is unable to fulfill its
38	44		legal, financial, or business obligations, or can no longer meet
39	45		the terms of the teaming agreement proposed for the project with the
40	46		design-build contractor;
41	47		(2) voluntarily removes itself from the team;
42	48		(3) fails to provide a sufficient number of qualified
43	49		personnel to fulfill the duties identified during the proposal
44	50		stage; or
45	51		(4) fails to negotiate in good faith in a timely manner
46	52		in accordance with provisions established in the teaming agreement
47	53		proposed for the project.
48	54		(b) If the design-build contractor makes design-build team
49	55		changes in violation of Subsection (a), any cost savings resulting
50	56		from the changes accrue to the authority and not to the design-build
51	57		contractor.
52	58		SECTION 3. The changes in law made by this Act apply only to
53	59		a contract, highway project, or transportation project for which
54	60		the Texas Department of Transportation or an authority under
55	61		Chapter 370, Transportation Code, first advertises or otherwise
56	62		requests proposals or qualifications on or after the effective date
57	63		of this Act.
58	64		SECTION 4. This Act takes effect September 1, 2019.
59		-	______________________________ ______________________________
60		-	President of the Senate Speaker of the House
61		-	I certify that H.B. No. 1542 was passed by the House on April
62		-	30, 2019, by the following vote: Yeas 140, Nays 6, 2 present, not
63		-	voting.
64		-	______________________________
65		-	Chief Clerk of the House
66		-	I certify that H.B. No. 1542 was passed by the Senate on May
67		-	21, 2019, by the following vote: Yeas 31, Nays 0.
68		-	______________________________
69		-	Secretary of the Senate
70		-	APPROVED: _____________________
71		-	Date
72		-	_____________________
73		-	Governor
	65	+	* * * * *