Attorney General Opinion: Design-Build. TXDOT Options. Appropriations Rider Fail.

In Attorney General Opinion KP-0077, the question being answered is: Does TXDOT have authority to neter into design-build contracts for 2016-2017?

How did the question arise? A conflict between the appropriations bill & Section 223.242, Transportation Code.

The Attorney General’s conclusion: Yes, TXDOT can enter into design build contracts, with limits.

What limits does the Attorney General note on TXDOT’s design-build authority?

• Design Build only OK for contracts over $150 Million
• Limit of 3 design build contracts in a fiscal year

How does the Attorney General resolve the conflict on the number of design build contracts between the Appropriations Bill & Section 223.242, Transportation Code? 

• The # of contracts. The Appropriations Bill language included specific language that allowed general law to prevail. It did. HB 1 called for 10. Statutes call for 3.
• The threshold amount to trigger design-build.  HB 1 said $250 Million. Statutes call for $150 Million. The AG Opinion says the rider only applies to contracts over $250 Million & the rider has no impact on contracts between $150-$250 Million.