Bill Text: TX HB1542 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to changes made by certain design-build contractors to the design-build team for transportation projects.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB1542 Detail]
Download: Texas-2019-HB1542-Enrolled.html
H.B. No. 1542 |
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relating to changes made by certain design-build contractors to the | ||
design-build team for transportation projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter F, Chapter 223, Transportation Code, | ||
is amended by adding Section 223.2475 to read as follows: | ||
Sec. 223.2475. CHANGES TO DESIGN-BUILD TEAM. (a) A | ||
design-build contractor selected for a contract may not make | ||
changes to companies or entities identified as part of the | ||
design-build team in a response to a request for proposals unless an | ||
identified company or entity: | ||
(1) is no longer in business, is unable to fulfill its | ||
legal, financial, or business obligations, or can no longer meet | ||
the terms of the teaming agreement proposed for the project with the | ||
design-build contractor; | ||
(2) voluntarily removes itself from the team; | ||
(3) fails to provide a sufficient number of qualified | ||
personnel to fulfill the duties identified during the proposal | ||
stage; or | ||
(4) fails to negotiate in good faith in a timely manner | ||
in accordance with provisions established in the teaming agreement | ||
proposed for the project. | ||
(b) If the design-build contractor makes design-build team | ||
changes in violation of Subsection (a), any cost savings resulting | ||
from the changes accrue to the department and not to the | ||
design-build contractor. | ||
SECTION 2. Subchapter K, Chapter 370, Transportation Code, | ||
is amended by adding Section 370.4075 to read as follows: | ||
Sec. 370.4075. CHANGES TO DESIGN-BUILD TEAM. (a) A | ||
design-build contractor selected for a contract may not make | ||
changes to companies or entities identified as part of the | ||
design-build team in a response to a request for proposals unless an | ||
identified company or entity: | ||
(1) is no longer in business, is unable to fulfill its | ||
legal, financial, or business obligations, or can no longer meet | ||
the terms of the teaming agreement proposed for the project with the | ||
design-build contractor; | ||
(2) voluntarily removes itself from the team; | ||
(3) fails to provide a sufficient number of qualified | ||
personnel to fulfill the duties identified during the proposal | ||
stage; or | ||
(4) fails to negotiate in good faith in a timely manner | ||
in accordance with provisions established in the teaming agreement | ||
proposed for the project. | ||
(b) If the design-build contractor makes design-build team | ||
changes in violation of Subsection (a), any cost savings resulting | ||
from the changes accrue to the authority and not to the design-build | ||
contractor. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a contract, highway project, or transportation project for which | ||
the Texas Department of Transportation or an authority under | ||
Chapter 370, Transportation Code, first advertises or otherwise | ||
requests proposals or qualifications on or after the effective date | ||
of this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1542 was passed by the House on April | ||
30, 2019, by the following vote: Yeas 140, Nays 6, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1542 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |