Tex. Transp. Code Section 370.409
Stipend Amount for Unsuccessful Proposers


(a)

Pursuant to the provisions of the request for detailed proposals, an authority shall pay an unsuccessful proposer that submits a responsive proposal to the request for detailed proposals a stipend for work product contained in the proposal. The stipend must be specified in the initial request for detailed proposals in an amount of at least two-tenths of one percent of the contract amount, but may not exceed the value of the work product contained in the proposal to the authority. In the event the authority determines that the value of the work product is less than the stipend amount, the authority must provide the proposer with a detailed explanation of the valuation, including the methodology and assumptions used in determining value. After payment of the stipend, the authority may make use of any work product contained in the unsuccessful proposal, including the techniques, methods, processes, and information contained in the proposal. The use by the authority of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the authority and does not confer liability on the recipient of the stipend under this subsection.

(b)

An authority may provide in a request for detailed proposals for the payment of a partial stipend in the event a procurement is terminated prior to securing project financing and execution of a design-build contract.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.

Source: Section 370.409 — Stipend Amount for Unsuccessful Proposers, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­370.­htm#370.­409 (accessed Mar. 23, 2024).

370.001
Short Title
370.003
Definitions
370.004
Construction Costs Defined
370.031
Creation of a Regional Mobility Authority
370.032
Nature of Regional Mobility Authority
370.033
General Powers
370.034
Establishment of Transportation Systems
370.036
Transfer of Bonded Turnpike Project to Department
370.037
Transfer of Ferry Connecting State Highways
370.038
Commission Rules
370.039
Transfer of Transportation Project or System
370.071
Expenditures for Feasibility Studies
370.072
Feasibility Study Fund
370.073
Feasibility Study by Municipality, County, Other Governmental Entity, or Private Group
370.111
Transportation Revenue Bonds
370.112
Interim Bonds
370.113
Payment of Bonds
370.114
Effect of Lien
370.115
Bond Indenture
370.116
Approval of Bonds by Attorney General
370.117
Furnishing of Indemnifying Bonds or Pledges of Securities
370.118
Applicability of Other Law
370.161
Transportation Projects Extending into Other Counties
370.162
Powers and Procedures of Authority in Acquiring Property
370.163
Acquisition of Property
370.164
Declaration of Taking
370.165
Possession of Property
370.166
Participation Payment for Real Property
370.167
Severance of Real Property
370.168
Acquisition of Rights in Public Real Property
370.169
Compensation for and Restoration of Public Property
370.170
Public Utility Facilities
370.171
Lease, Sale, or Conveyance of Transportation Project
370.172
Revenue
370.173
Authority Revolving Fund
370.174
Use of Surplus Revenue
370.175
Exemption from Taxation or Assessment
370.176
Actions Affecting Existing Roads
370.177
Failure or Refusal to Pay Turnpike Project Toll
370.178
Use and Return of Transponders
370.179
Controlled Access to Turnpike Projects
370.180
Promotion of Transportation Project
370.181
Operation of Transportation Project
370.182
Audit
370.183
Disadvantaged Businesses
370.184
Procurement
370.185
Competitive Bidding
370.186
Contracts with Governmental Entities
370.187
Project Approval
370.188
Environmental Review of Authority Projects
370.189
Department Maintenance and Operation
370.190
Property of Certain Transportation Authorities
370.191
Commercial Transportation Processing Systems
370.192
Property of Rapid Transit Authorities
370.193
Priority Boarding of Ferry
370.251
Board of Directors
370.252
Prohibited Conduct for Directors and Employees
370.253
Surety Bonds
370.254
Removal of Director
370.255
Compensation of Director
370.256
Evidence of Authority Actions
370.257
Public Access
370.258
Indemnification
370.259
Purchase of Liability Insurance
370.260
Certain Contracts and Sales Prohibited
370.261
Strategic Plans and Annual Reports
370.262
Meetings by Telephone Conference Call
370.301
Department Contributions to Turnpike Projects
370.302
Agreements to Construct, Maintain, and Operate Transportation Projects
370.303
Agreements Between Authority and Governmental Entities
370.304
Additional Agreements of Authority
370.305
Comprehensive Development Agreements
370.306
Process for Entering into Comprehensive Development Agreements
370.307
Confidentiality of Negotiations for Comprehensive Development Agreements
370.308
Performance and Payment Security
370.309
Ownership of Transportation Projects
370.310
Liability for Private Obligations
370.0311
Certain Municipalities
370.311
Terms of Private Participation
370.312
Rules, Procedures, and Guidelines Governing Negotiating Process
370.313
Participation on Certain Other Boards, Commissions, or Public Bodies
370.0315
Addition and Withdrawal of Counties
370.315
Performance and Payment Bonds and Security
370.317
Agreements with Local Governments
370.331
Voluntary Dissolution
370.332
Involuntary Dissolution
370.333
Voluntary Dissolution of Authority Governed by Governing Body of Municipality
370.351
Transit Systems
370.352
Public Hearing on Fare and Service Changes
370.353
Public Hearing on Fare and Service Changes: Exceptions
370.354
Notice of Hearing on Fare or Service Change
370.355
Criminal Penalties
370.361
Transfer of Transit Systems
370.362
Sales and Use Tax
370.363
Maximum Tax Rate
370.364
Election to Change Tax Rate
370.365
Sales Tax: Effective Dates
370.401
Scope of and Limitations on Contracts
370.402
Definitions
370.403
Use of Engineer or Engineering Firm
370.404
Other Professional Services
370.405
Request for Qualifications
370.406
Request for Detailed Proposals
370.407
Negotiation
370.408
Assumption of Risks
370.409
Stipend Amount for Unsuccessful Proposers
370.410
Performance and Payment Bond
370.1911
Commercial Transportation Processing Systems at Inspection Facilities at Interstate Borders
370.2511
Board of Directors: Certain Authorities
370.2515
Board Composition Proposal by Turnpike Authority
370.2521
Filing of Financial Statement by Director
370.2522
Applicability of Conflicts of Interest Law to Directors
370.2523
Applicability of Nepotism Laws
370.4075
Changes to Design-build Team

Accessed:
Mar. 23, 2024

§ 370.409’s source at texas​.gov