(a) Except as provided by Subsections (b) and (c), the commission shall adopt uniform general conditions to be incorporated into all building construction contracts made by the state, including a contract for a project excluded from this chapter by § 2166.003, but not including a contract for a project excluded from this chapter by § 2166.004.
(b) The commission is not required to adopt uniform general conditions for small construction projects, as defined by § 2166.001.

(c) Subsection (a) does not apply to a project constructed by and for the Texas Department of Transportation or an institution of higher education or university system. In this subsection, “institution of higher education” and “university system” have the meanings assigned by § 61.003, Education Code.