Rural communities need legislative fix to infrastructure

Austin—More than 1,500 rural and small communities across Texas are being left behind, barred by an outdated law from using design-build, a faster, cost-saving method to repair failing water systems. As the state prepares to invest $5 billion in infrastructure upgrades, these communities risk missing out unless lawmakers remove the population restriction that blocks them from accessing the same tools available to big cities. Stakeholders are calling on the Legislature to modernize this restriction so every community, not just the largest, can access design-build.

Design-build is a project delivery method where one team manages a project's design and construction phases. It’s a proven method, saving time and money by fostering collaboration between engineers, contractors and public officials. For towns facing workforce shortages, aging systems and population growth, access to this delivery method could be transformative. Other states have already taken similar steps, recognizing that flexibility leads to better outcomes for repairing aging infrastructure and ensuring residents of rural and mid-size communities continue to have access to safe and clean water. 

“As the state’s water sector faces growing challenges due to increasing demand and a rapidly evolving landscape, ensuring a stable and sustainable water supply is more important than ever," said Sen. Kevin Sparks, R-Midland.

Yet, under current Texas law, only cities with populations over 100,000 can use design-build project delivery to improve their water or wastewater systems. Texas is also the only state in the nation with a legislatively mandated population restriction tied to design-build. House Bill 4625 and Senate Bill 1301 would have removed this restriction, but both bills have failed to advance this session, leaving smaller communities without access to a tool that other states already allow across the board.

“Those four to five-year projects under a traditional delivery model are now taking somewhere around three with design-build, resulting in significant time and cost savings,” said Dave Kinchen, national director of construction for Burns & McDonnell.

Gov. Greg Abbott identified the modernization of aging water infrastructure as an emergency priority during the 89th Legislative Session. Senate Bill 7, authored by Sen. Charles Perry, R-Lubbock, reflects that urgency, allocating $5 billion to help local utilities purchase water and upgrade failing systems. Many smaller communities will be unable to take full advantage of this investment if the population restriction is not lifted.

The 2025 Texas Infrastructure Report Card from the American Society of Civil Engineers (ASCE) paints a sobering picture:

“Texas should afford the same opportunity of utilizing design-build to all their communities, no matter the size,” Kinchen said.

Without legislative action to expand design-build authority, Texas risks widening the infrastructure gap between urban and rural communities, leaving smaller towns with higher costs, slower repairs and more vulnerable water systems.

SOURCE The Water Collaborative Delivery Association