Texas Code § 370.401

SCOPE OF AND LIMITATIONS ON CONTRACTS
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Sec. 370.401. SCOPE OF AND LIMITATIONS ON CONTRACTS. (a) Notwithstanding the requirements of Chapter 2254 , Government Code, an authority may use the design-build method for the design, construction, financing, expansion, extension, related capital maintenance, rehabilitation, alteration, or repair of a transportation project.
(b) A design-build contract under this subchapter may not grant to a private entity:
(1) a leasehold interest in the transportation project; or
(2) the right to operate or retain revenue from the operation of the transportation project.
(c) In using the design-build method and in entering into a contract for the services of a design-build contractor, the authority and the design-build contractor shall follow the procedures and requirements of this subchapter.
(d) An authority may enter into not more than two design-build contracts for transportation projects in any fiscal year.

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