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A Resource for Texas Water & Wastewater Owners: Understanding Chapter 2269

  • 1 day ago
  • 2 min read

If you're an Owner working on water or wastewater infrastructure in a Texas community under 100,000 people, you may already know that design-build isn't currently an option for you.


That's due to a provision in Texas law, and it's a topic we hear about often from Owners across the state. We wanted to put together a resource that explains the issue and gives you the tools to weigh in, if you choose to.


The Law: Texas Government Code Chapter 2269

Under current Texas law, water and wastewater entities serving fewer than 100,000 people are restricted from using design-build. More than 1,000 Texas municipalities and water authorities fall below that population threshold. Meaning most of the state doesn't have access to a delivery method that's helped larger cities like San Marcos and Midland deliver critical water infrastructure faster, with more cost certainty and less risk on the Owner's plate.


Smaller communities face many of the same challenges as the state's largest cities - aging infrastructure, growth pressures, regulatory deadlines - with fewer delivery options for solving them.


Why It's Worth Understanding

Design-build isn't about lowering standards. It's a delivery method that gives Owners flexibility in how they meet the standards they're already required to meet. For communities managing tight budgets or urgent infrastructure needs, that flexibility can matter quite a bit, which is why this population threshold is a topic of ongoing conversation among Owners, industry groups, and legislators alike.



A Letter Template, If You'd Like to Use It

For Owners who want to share their perspective with their state legislators, DBIA-Southwest Region — in partnership with the Water Collaborative Delivery Association — has put together a customizable letter template. It's available for any Owner who wants a starting point.


The template includes space to personalize the letter with your community's details and is ready to send on your own letterhead.


Download the letter template here


If you'd like to identify your state senator and representative, the Texas Legislature offers a simple lookup tool:

Who Represents Me? — enter your address to find your legislators' contact information.






Questions?

We're glad to be a resource on this topic.

Reach out to DBIA-SW anytime at info@dbia-sw.org.

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