HBA-MSH H.B. 3605 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3605
By: Najera
Corrections
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

Currently only schools and institutions of higher education are authorized
to use the design-build method of construction.  This method allows for an
architect, engineer, and builder to form a team, bid on a construction
project together, and administer all of the aspects of the project from
design to construction. Design-build proposals are not necessarily awarded
to the lowest bidder, but are evaluated on a number of factors including
the experience and expertise of the firms involved in the team.
Design-build proposals may result in greater overall savings by better
coordinating the various phases of construction.  House Bill 3605
authorizes the Texas Department of Criminal Justice to award building
contracts based on the designbuild method. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3605 amends the Government Code to authorize the Texas
Department of Criminal Justice (TDCJ) to use the design-build method for
the construction, rehabilitation, alteration, or repair of a facility. The
bill requires TDCJ to prepare a request for qualifications that includes
any information that may assist potential design-build firms (firm) in
submitting proposals for the project.  The bill requires TDCJ to evaluate
the statements of qualifications and select a firm in two phases.  In the
first phase, TDCJ is required to evaluate each offeror's experience,
technical competence, and capability to perform, the past performance of
the offeror's team and members of the team, and other appropriate factors
submitted by the team or firm.  The bill prohibits TDCJ from considering
cost-related or price-related evaluation factors.  In the second phase,
TDCJ is required to select the firm that submits the proposal offering the
best value for TDCJ.  Following selection of a firm, the bill requires the
firm to complete the design and submit all design elements for review.  The
bill sets forth provisions relating to contracts, payment, and bonds. 

EFFECTIVE DATE

September 1, 2001.