Updates for Design-Build Legislation in the Southwest Region - March 28, 2025 Update

The Design-Build Institute of America's Southwest Region (DBIA-SW) is closely monitoring a series of legislative proposals across Texas, Oklahoma, and now Arkansas that could significantly affect the design-build community. With ongoing developments in several crucial bills, understanding these changes and taking proactive steps in advocacy are more important than ever for stakeholders in the design-build industry.

Texas

The Texas legislature has been particularly active, with several bills introduced that could reshape the future of design-build projects, particularly in the water/wastewater (W/WW) and transportation sectors:

Progressive Design-Build Expansion

Senate Bill 553 and House Bill 5582 advocate for the expansion of Progressive Design-Build (PDB) in water/wastewater (W/WW) projects by removing municipal population thresholds, making this method more accessible.

Technical and Simplifying Adjustments

Senate Bill 1301 and House Bill 4625 aim to streamline design-build processes by removing certain barriers, enhancing efficiency for municipal projects.

Transportation Sector Constraints

Bills like Senate Bill 1655, Senate Bill 35, and House Bill 5329 propose to limit the number of design-build contracts awarded by the Texas Department of Transportation (TXDOT), which has raised concerns about potential project delays and increased costs.

Clarification on Financial Responsibilities

New proposals, Senate Bill 776 and House Bill 2463, are also crucial this session. These bills aim to ensure that public owners cannot use contract terms to unfairly shift financial responsibility for their own delays onto private sector design-builders or contractors. Their passage is essential for maintaining fair treatment of all design-build firms and construction contractors working on government projects.

Oklahoma

Oklahoma's legislative efforts are primarily centered on the renovation of the State Capitol Building:

Focusing on State Capitol Renovations

Senate Bill 479 and Senate Bill 171 both focus on overhauling the administrative and oversight frameworks associated with the State Capitol Building renovations. These include dissolving certain oversight committees and updating security protocols, which could potentially streamline the renovation process and improve efficiency.

Arkansas

Eyeing Permanent Changes

Arkansas is also seeing legislative action with House Bill 1605, which seeks to make permanent the construction manager-general contractor method for state highway commission projects. This move indicates a broader acceptance and institutionalization of alternative project delivery methods in public works.

DBIA's Proactive Advocacy

In response to these legislative developments, DBIA has intensified its advocacy efforts. The organization has recruited regional members to join its Legislative and Transportation Committees, aiming to influence these legislative processes effectively. Through strategic discussions and resource sharing, DBIA and the Southwest Region are committed to advocating for legislation that supports the efficient and innovative delivery of design-build projects.