SUMMARY OF P3 LEGISLATIVE STATUS:
Broadly enabled for P3 procurements.
Does this state have broadly enabling P3 legislation?
Texas is authorized to conduct P3 procurements for eligible infrastructure, including transportation, municipal facilities and environmental projects.
Does the state allow for unsolicited proposals?
TX does not allow for unsolicited proposals for municipal or environmental facilities. There are specific provisions for allowing the receipt and assessment of unsolicited proposals for TxDoT and regional mobility authorities.
What is the P3 contract approval authority?
State legislature approval required for Comprehensive Development Agreements prior to TxDoT initiating solicitations for transportation infrastructure.
What is the state's P3 procurement process?
Competitive, multi-phase review and bidding for public works infrastructure projects.
Does the state have resources dedicated to P3s?
TxDoT is the centralized resource for eligible transportation projects. The Texas Center for Alternative finance and Procurement (“CAP”) is a statewide resource for pre-solicitation advisory services in support of procurement at the state agency level, as well as in support of regional authorities, counties and municipalities.
Is this a Home Rule state, with limitations or opportunities for P3?
Texas employs Dillon's Rule to all municipalities; which allows the state legislature to control local government structure, methods of financing its activities and procedures.
Does this state have programmatic requirements for MWDBE participation?
Sources of funds dictates compliance, including specific provisions for DBE participation, based on use of Federal funding.
Does this state have programmatic requirements for labor participation?
Davis-Bacon compliance dictates labor or prevailing wage requirements, in the context of pertinent labor categories.
Does this state have programmatic requirements for performance security?
Texas law requires payment and performance bonds that comply with the state’s ‘Little Miller Act’ for all construction activities in a P3. Letters of credit could be required for the development and operations of eligible projects. Participation is managed in accordance with state procurement guidelines, and is not specifically addressed in P3 statute.
For what types of financing programs are P3 projects eligible?
TxDoT or its private partner may combine Federal, State, local and private funds to finance a public-private transportation project. TIFIA loans are not specifically identified as such a financing resource. The relevant law permits local / state / Federal funds to be combined with private sector funds on a P3 project.
What project types or asset classes are eligible for P3s in this state?
TxDoT roads and highways, including revenue risk projects (i.e., toll roads and managed lanes). P3 authority also extends to any ferry, mass transit facility, vehicle parking, port facility, power generation, fuel supply, oil and gas pipeline, water supply, public work, waste treatment, hospital, school, medical or nursing care facility, recreational facility, public building.
Are there projects where the P3 procurement method has been applied?
TxDoT: North Tarrant Express; LBJ Freeway; SH-288. Texas A & M University: campus living, student housing, medical academic buildings and energy-related projects. Univ. of Texas – Dallas: student housing.