| 1 | 1 | | 89R3447 CXP-F |
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| 2 | 2 | | By: Troxclair H.B. No. 5582 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the design-build method for certain government |
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| 10 | 10 | | construction projects. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter G, Chapter 2269, Government Code, is |
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| 13 | 13 | | amended by adding Section 2269.3035 to read as follows: |
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| 14 | 14 | | Sec. 2269.3035. ALTERNATIVE DESIGN-BUILD METHODS FOR WATER |
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| 15 | 15 | | AND WASTEWATER INFRASTRUCTURE. (a) A governmental entity may use |
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| 16 | 16 | | the following methods for the construction, rehabilitation, |
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| 17 | 17 | | alteration, or repair of water or wastewater infrastructure: |
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| 18 | 18 | | (1) a method in which a single fixed price for both |
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| 19 | 19 | | design and construction is established at the time the contract |
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| 20 | 20 | | with the design-build firm is signed by the parties, commonly known |
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| 21 | 21 | | as "fixed price design-build"; or |
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| 22 | 22 | | (2) a method in which the design-build firm is |
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| 23 | 23 | | involved early in the process of developing the design and the |
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| 24 | 24 | | contract includes a stepped payment scheme for design and |
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| 25 | 25 | | construction services, commonly known as "progressive |
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| 26 | 26 | | design-build." |
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| 27 | 27 | | (b) The requirements of this subchapter apply to a method |
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| 28 | 28 | | described by Subsection (a) to the extent practicable. |
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| 29 | 29 | | SECTION 2. Section 2269.352, Government Code, is amended to |
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| 30 | 30 | | read as follows: |
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| 31 | 31 | | Sec. 2269.352. APPLICABILITY. This subchapter applies to a |
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| 32 | 32 | | governmental entity, including [that: |
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| 33 | 33 | | [(1) has a population of more than 100,000 within the |
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| 34 | 34 | | entity's geographic boundary or service area; or |
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| 35 | 35 | | [(2) is] a board of trustees governed by Chapter 54, |
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| 36 | 36 | | Transportation Code. |
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| 37 | 37 | | SECTION 3. Section 2269.353(b), Government Code, is amended |
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| 38 | 38 | | to read as follows: |
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| 39 | 39 | | (b) A contract for a project under this subchapter may cover |
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| 40 | 40 | | only a single integrated project. A governmental entity may not |
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| 41 | 41 | | enter into a contract for aggregated projects at multiple |
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| 42 | 42 | | locations. For purposes of this subsection: |
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| 43 | 43 | | (1) if a metropolitan transit authority created under |
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| 44 | 44 | | Chapter 451, Transportation Code, enters into a contract for a |
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| 45 | 45 | | project involving a linear transit project with multiple stops |
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| 46 | 46 | | along the project route for boarding passengers, created under |
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| 47 | 47 | | Chapter 451, Transportation Code, the linear transit project is a |
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| 48 | 48 | | single integrated project; and |
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| 49 | 49 | | (2) a water or wastewater infrastructure project |
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| 50 | 50 | | [treatment plant], including a desalination plant, that includes |
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| 51 | 51 | | treatment facilities, well fields, pump stations, water storage, |
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| 52 | 52 | | and pipelines, is a single integrated project. |
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| 53 | 53 | | SECTION 4. Subchapter H, Chapter 2269, Government Code, is |
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| 54 | 54 | | amended by adding Section 2269.3535 to read as follows: |
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| 55 | 55 | | Sec. 2269.3535. ALTERNATIVE DESIGN-BUILD PROCEDURES FOR |
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| 56 | 56 | | WATER AND WASTEWATER INFRASTRUCTURE. (a) A governmental entity |
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| 57 | 57 | | may use a design-build method described by Section 2269.3035(a) for |
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| 58 | 58 | | the construction, rehabilitation, alteration, or repair of water or |
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| 59 | 59 | | wastewater infrastructure. |
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| 60 | 60 | | (b) The requirements of this subchapter apply to a method |
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| 61 | 61 | | described by Subsection (a) to the extent practicable. |
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| 62 | 62 | | SECTION 5. This Act takes effect September 1, 2025. |
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