(a) A design-build contractor selected for a contract may not make changes to companies or entities identified as part of the design-build team in a response to a request for proposals unless an identified company or entity:
(1) is no longer in business, is unable to fulfill its legal, financial, or business obligations, or can no longer meet the terms of the teaming agreement proposed for the project with the design-build contractor;
(2) voluntarily removes itself from the team;
(3) fails to provide a sufficient number of qualified personnel to fulfill the duties identified during the proposal stage; or
(4) fails to negotiate in good faith in a timely manner in accordance with provisions established in the teaming agreement proposed for the project.
(b) If the design-build contractor makes design-build team changes in violation of Subsection (a), any cost savings resulting from the changes accrue to the department and not to the design-build contractor.