Staff will provide general safety instruction.
Approval of Minutes of the June 26, 2013, Workshop and June 27, 2013, meeting of the Texas Transportation Commission
a. Resolution to extend sympathy to the relatives of Ciro A. Lozano, an employee of the El Paso District, who died while performing his duties with the department b. Recognize Bill Glavin, Director of the Rail Division, for his service to the department
a. Report on staff recommendations to address the safety challenges in the areas of the state with growing energy exploration and production b. Project Briefing SH 249 Study – Update on the route location and environmental studies for a proposed facility from SH 249 south of Pinehurst to SH 6 near Navasota
Various Counties - Award federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. State law authorizes the award of state funding for capital improvement projects. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks approval of the awards.
Item 17 - Routine Minute Orders (Part 1 of 2)
a. Donations to the Department Various Districts - Consider the acceptance of donations made to the department to include: (a) donations in any form, including realty, personalty, money, materials, or services, which are made to the department for the purpose of carrying out its functions and duties; and (b) donations from landowners, with land adjacent to a highway that is part of the state highway system, to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner’s land (See attached itemized list) (MO) The donations will ensure the safety of the traveling public. b. Right of Way Dispositions and Donations (pending confirmation) Ellis County - FM 661, old alignment, known as Lakeview Drive, in Grand Prairie - Consider the sale of surplus right of way to the abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The highway was realigned, and the abutting landowner has requested to purchase the surplus land. The land was offered to the city, and the city declined to purchase it. It may be sold to the abutting landowner. c. Release of Access Dallas County - I-635, eastbound frontage road approximately 1100 feet west of the Midway Road intersection - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 40-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to and from the eastbound frontage road. The district has determined that access may be permitted at the designated location on the condition that a required deceleration lane be constructed at this location at the abutting property owner’s expense. d. Transportation Planning Various Counties - Approve revisions to the Hidalgo County Metropolitan Planning Organization (HCMPO) and Harlingen-San Benito Metropolitan Planning Organization (HSBMPO) metropolitan planning area boundaries (MO) Federal law requires that a metropolitan planning area boundary cover the existing urbanized area and the contiguous geographic area expected to become urbanized within a 20-year forecast period covered by the MPO’s metropolitan transportation plan. The boundary may be expanded to encompass the entire metropolitan statistical area. Revisions to metropolitan planning area boundaries must be approved by the governor who has delegated the authority to approve such changes to the Texas Transportation Commission. The HCMPO policy board and the HSBMPO policy board have agreed to include a portion of Hidalgo County in the HSBMPO metropolitan planning area. e. Finance (1) Obligation Limit Report Quarterly status report on the FY 2013 Obligation Limit, the actual obligations utilized, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts (MO) This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2013 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (2) Quarterly report on FY 2013 State Highway Fund 6 cash status (MO) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. (3) Accept the Quarterly Investment Report (MO) This minute order accepts the quarterly investment report for investments of funds relating to financing of the Central Texas Turnpike System and held by the Bank of New York Mellon, acting as trustee. f. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state. g. Compensation of Senior Leadership Positions Set the compensation for five senior leadership positions of the Texas Department of Transportation in accordance with the General Appropriations Act (MO) The General Appropriations Act authorizes the commission to set the compensation of up to five senior leadership positions within a range set by that Act for certain exempt positions. This minute order sets the amounts of compensation of those positions to an amount consistent with the Act.
Item 5 - House Bill 1025 Projects
Approve projects to reconstruct, rehabilitate, or repair roadways and bridges on the state highway system damaged because of above normal usage of those roadways and bridges by heavier vehicles and other vehicles involved in energy exploration and production, and authorize those projects with CONSTRUCT authority (MO) Section 40(a) of House Bill 1025, 83rd Legislature, Regular Session, appropriated the amount of $225 million out of the general revenue fund to the department, and provided that these funds may be used for maintenance and safety, including repairs to roadways and bridges within the state highway system for damage caused by oversize vehicles or overweight loads used in the development and production of energy or by above normal usage of roadways and bridges within the state highway system by vehicles used in the development and production of energy. Pursuant to the requirements of Section 40(a), the department has ranked projects using a formula that assigned weight to four areas: roadway characteristics, including lane width; pavement condition; safety; and traffic, including average daily traffic and truck volumes.
Item 7 - Public Transportation
a. Various Counties - Award federal and state funds to designated lead agencies and fiscal agents to support continuation of coordinated regional public transportation planning for FY 2014 (MO) The awards identified in this minute order are financed with federal grant funds from the Federal Transit Administration and state matching funds. Funding is awarded to locally designated lead agencies and fiscal agents to fund their efforts in continuing public transportation planning. b. Potter County - Award federal §5317 New Freedom grant program funds to Panhandle Independent Living Center (MO) This minute order awards federal grant funds from the Federal Transit Administration, under 49 USC §5317, New Freedom Grant program to Panhandle Independent Living Center to continue their travel training program for individuals with disabilities. c. Various Counties - Award state funds to Rolling Plains Management Corporation (MO) Jack County Commissioners Court has realigned their county with Rolling Plains Management Corporation Rural Transit District for the provision of public transportation services. The award identified in this minute order will provide for continuity of service within Jack County. d. Various Counties - Award transportation development credits to Texoma Area Paratransit System (MO) This minute order awards transportation development credits to Texoma Area Paratransit System (TAPS) for use as local match for capital projects in the TAPS service area.
Item 8 - Transportation Enhancement Program
Select transportation enhancement projects submitted under the September 14, 2012 program call (MO) The Transportation Enhancement (TE) program is a federally-funded program derived from a 10 percent set-aside from the Surface Transportation Program apportionment. Under MAP-21, TE activities will be replaced by the Transportation Alternatives Program. Current TE activities remain eligible for TE funds that were previously apportioned until the TE funds are obligated, rescinded, or lapsed. This minute order awards previously apportioned TE funds to eligible projects selected from the September 14, 2012 program call.
Item 9 - Promulgation of Administrative Rules
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 9 - Contract and Grant Management (MO) Amendments to §9.35, Federal Process (Contracting for Architectural, Engineering, and Surveying Services) The Federal Highway Administration is conducting a pilot program to evaluate the use of a “safe harbor rate.” The safe harbor rate serves as an indirect cost rate for firms providing engineering and design-related services lacking an FAR-compliant indirect cost rate. This amendment accommodates the department’s participation in the pilot program. b. Proposed Adoption (1) Chapter 9 - Contract and Grant Management (MO) Amendments to §§9.31 - 9.34, Repeal of §§9.36 - 9.40, and New §§9.36 -9.42 (Contracting for Architectural, Engineering, and Surveying Services) These amendments are necessary to update and streamline agency rules describing agency operations and for clarity and logical presentation. The new section provides for a new contracting process allowing the executive director to execute an engineering, architecture, or surveying contract when certain circumstances are present. (2) Chapter 28 - Oversize and Overweight Vehicles and Loads (MO) New §§28.80 - 28.88, New Subchapter G, Analyses of Routes for Superheavy Permitted Loads This new subchapter clarifies that all private engineering firms performing superheavy route analyses that will be used in issuing an oversize/overweight permit by the Department of Motor Vehicles must be approved by the Texas Department of Transportation. These rules will establish the qualifications for a firm to receive approval to perform the route analysis and will provide the format for the report to be used in the permitting process. b. Proposed Adoption (continued) (3) Chapter 31 - Public Transportation (MO) Amendments to §31.3 (General), §31.11 and §31.13 (State Programs); §§31.16 - 31.18, §31.21, §31.22, §31.26, §31.36, and §31.37, New §31.30, and §31.31 (Federal Programs); New §31.38, §31.40, and §31.42, Amendments to §§31.43 - 31.45, §31.48, and §31.49, and Repeal of §31.40 and §31.42 (Program Administration); New §31.51 and Amendments to §31.57 (Property Management Standards) The passage of Moving Ahead for Progress in the 21st Century, better known as MAP 21, made significant changes to parts of the Federal Transit Law, including amendments to Chapter 53 of Title 49, United States Code. The Federal Transit Administration (FTA) has posted various updates to existing programs as a result of MAP-21. These amendments align existing policies and procedures with new or amended federal requirements in MAP-21 and updates from FTA.
Caldwell County - Reagan National Advertising of Austin v. Texas Department of Transportation - Consider action on proposal for decision by administrative law judge concerning cancellation of an outdoor advertising permit, final order (MO) The executive director issued an order that cancelled Outdoor Advertising Permit No. 076376 located along US 183 in Caldwell County. The recommendation by the State Office of Administrative Hearings is that the Commission should cancel the permit.
Item 11 - Office of Compliance and Ethics
Office of Compliance and Ethics Report State law requires the commission to establish a compliance program, which must include a compliance office to oversee the program. The compliance office is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The compliance office is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations.
Item 12 - Design-Build Agreements
Various Counties - Authorize the department to issue a request for qualifications for the design and construction of the Energy Sector Roadway Repair Project, comprised of improvements to identified roadways within regions around the state that have been impacted by energy exploration and production (MO) The Energy Sector Roadway Repair Project will provide for the reconstruction, rehabilitation, or repair of roadways and bridges on the state highway system damaged because of above normal usage of those roadway facilities by heavier vehicles and other vehicles involved in energy exploration and production. Transportation Code, §223.242 authorizes the department to enter into, in each fiscal year, up to three design-build contracts for highway projects with a construction cost estimate of $50 million or more. The Energy Sector Roadway Repair Project is a high priority for the state and meets the conditions necessary for design-build delivery.
a. Various Counties - Authorize the executive director of the department to issue a request for qualifications for the development, design, construction, and potentially, financing, maintenance, and operation of the Segments H, I-1 and all or part of Segment I-2 of the SH 99 (Grand Parkway) in Harris, Liberty, Montgomery, and Chambers Counties (MO) Transportation Code Section 223.201 authorizes the department to enter into a comprehensive development agreement on the Grand Parkway project. Development of the SH 99 Grand Parkway project is a crucial element to responding to growing traffic congestion throughout the Houston metropolitan area. b. Chambers County - Establish new toll rate tables on SH 99 (Segment I-2) to align the tolling system with the current vehicle classification system in use by the department (MO) This minute order authorizes new toll rate tables for SH 99 (Segment I-2). This change is necessary to reflect modifications being made to the vehicle classification system used by the department. The new system will classify vehicles based on the number of axles, like the rest of the department operated toll facilities, rather than classifying vehicles by shape as had been done previously at these locations. c. Webb County - Establish new toll rate tables on SH 255 to align the tolling system with the current vehicle classification system in use by the department (MO) This minute order authorizes new toll rate tables for SH 255. This change is necessary to reflect modifications being made to the vehicle classification system used by the department. The new system will classify vehicles based on the number of axles, like the rest of the department operated toll facilities, rather than classifying vehicles by shape as had been done previously at these locations.
Award or reject contracts for maintenance, highway and building construction These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. a. Highway Maintenance and Department Building Construction (see attached itemized list) (MO) b. Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Item 15 - Eminent Domain Proceedings
Various Counties - Authorize the filing of condemnation proceedings to acquire real property by eminent domain for non-controlled and controlled access highways (see attached list) (MO) Commission findings, determinations, and authorizations for the state, by motion made in accordance with Senate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and just compensation, various ownership interests in specific parcels of real property that are needed to develop or improve both non-controlled and controlled access state highways, to include requesting the state attorney general to bring and pursue condemnation suits relating to those specific parcels of real property described in the attached itemized list.
Collin, Dallas, Ellis, Parker, Rockwall and Tarrant Counties - Approve proposed lane use restriction for trucks on I-20, I-30, I-35E, I-35W, I-45, I-635, I-820, SH 114, SH 121, SH 360, SL 12, US 75 and US 175 in Collin, Dallas, Ellis, Parker, Rockwall and Tarrant Counties (MO) To provide an area wide approach to traffic safety, this minute order approves restrictions for trucks using designated lanes in the cities of Dallas, Fort Worth and the surrounding counties. The affected highways are I-20, I-30, I-35E, I-35W, I-45, I-635, I-820, SH 114, SH 121, SH 360, SL 12, US 75 and US 175 in Collin, Dallas, Ellis, Parker, Rockwall and Tarrant Counties. The department worked in conjunction with local jurisdictions in these Counties to develop the proposed lane restrictions.
Item 17 - Routine Minute Orders (Part 2 of 2)
a. Donations to the Department Various Districts - Consider the acceptance of donations made to the department to include: (a) donations in any form, including realty, personalty, money, materials, or services, which are made to the department for the purpose of carrying out its functions and duties; and (b) donations from landowners, with land adjacent to a highway that is part of the state highway system, to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner’s land (See attached itemized list) (MO) The donations will ensure the safety of the traveling public. b. Right of Way Dispositions and Donations (pending confirmation) Ellis County - FM 661, old alignment, known as Lakeview Drive, in Grand Prairie - Consider the sale of surplus right of way to the abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The highway was realigned, and the abutting landowner has requested to purchase the surplus land. The land was offered to the city, and the city declined to purchase it. It may be sold to the abutting landowner. c. Release of Access Dallas County - I-635, eastbound frontage road approximately 1100 feet west of the Midway Road intersection - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 40-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to and from the eastbound frontage road. The district has determined that access may be permitted at the designated location on the condition that a required deceleration lane be constructed at this location at the abutting property owner’s expense. d. Transportation Planning Various Counties - Approve revisions to the Hidalgo County Metropolitan Planning Organization (HCMPO) and Harlingen-San Benito Metropolitan Planning Organization (HSBMPO) metropolitan planning area boundaries (MO) Federal law requires that a metropolitan planning area boundary cover the existing urbanized area and the contiguous geographic area expected to become urbanized within a 20-year forecast period covered by the MPO’s metropolitan transportation plan. The boundary may be expanded to encompass the entire metropolitan statistical area. Revisions to metropolitan planning area boundaries must be approved by the governor who has delegated the authority to approve such changes to the Texas Transportation Commission. The HCMPO policy board and the HSBMPO policy board have agreed to include a portion of Hidalgo County in the HSBMPO metropolitan planning area. e. Finance (1) Obligation Limit Report Quarterly status report on the FY 2013 Obligation Limit, the actual obligations utilized, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts (MO) This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2013 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (2) Quarterly report on FY 2013 State Highway Fund 6 cash status (MO) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. (3) Accept the Quarterly Investment Report (MO) This minute order accepts the quarterly investment report for investments of funds relating to financing of the Central Texas Turnpike System and held by the Bank of New York Mellon, acting as trustee. f. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state. g. Compensation of Senior Leadership Positions Set the compensation for five senior leadership positions of the Texas Department of Transportation in accordance with the General Appropriations Act (MO) The General Appropriations Act authorizes the commission to set the compensation of up to five senior leadership positions within a range set by that Act for certain exempt positions. This minute order sets the amounts of compensation of those positions to an amount consistent with the Act.
Open Comment Period & Adjournment
OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN
Staff will provide general safety instruction.
Approval of Minutes of the June 26, 2013, Workshop and June 27, 2013, meeting of the Texas Transportation Commission
a. Resolution to extend sympathy to the relatives of Ciro A. Lozano, an employee of the El Paso District, who died while performing his duties with the department b. Recognize Bill Glavin, Director of the Rail Division, for his service to the department
a. Report on staff recommendations to address the safety challenges in the areas of the state with growing energy exploration and production b. Project Briefing SH 249 Study – Update on the route location and environmental studies for a proposed facility from SH 249 south of Pinehurst to SH 6 near Navasota
Various Counties - Award federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. State law authorizes the award of state funding for capital improvement projects. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks approval of the awards.
Item 17 - Routine Minute Orders (Part 1 of 2)
a. Donations to the Department Various Districts - Consider the acceptance of donations made to the department to include: (a) donations in any form, including realty, personalty, money, materials, or services, which are made to the department for the purpose of carrying out its functions and duties; and (b) donations from landowners, with land adjacent to a highway that is part of the state highway system, to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner’s land (See attached itemized list) (MO) The donations will ensure the safety of the traveling public. b. Right of Way Dispositions and Donations (pending confirmation) Ellis County - FM 661, old alignment, known as Lakeview Drive, in Grand Prairie - Consider the sale of surplus right of way to the abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The highway was realigned, and the abutting landowner has requested to purchase the surplus land. The land was offered to the city, and the city declined to purchase it. It may be sold to the abutting landowner. c. Release of Access Dallas County - I-635, eastbound frontage road approximately 1100 feet west of the Midway Road intersection - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 40-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to and from the eastbound frontage road. The district has determined that access may be permitted at the designated location on the condition that a required deceleration lane be constructed at this location at the abutting property owner’s expense. d. Transportation Planning Various Counties - Approve revisions to the Hidalgo County Metropolitan Planning Organization (HCMPO) and Harlingen-San Benito Metropolitan Planning Organization (HSBMPO) metropolitan planning area boundaries (MO) Federal law requires that a metropolitan planning area boundary cover the existing urbanized area and the contiguous geographic area expected to become urbanized within a 20-year forecast period covered by the MPO’s metropolitan transportation plan. The boundary may be expanded to encompass the entire metropolitan statistical area. Revisions to metropolitan planning area boundaries must be approved by the governor who has delegated the authority to approve such changes to the Texas Transportation Commission. The HCMPO policy board and the HSBMPO policy board have agreed to include a portion of Hidalgo County in the HSBMPO metropolitan planning area. e. Finance (1) Obligation Limit Report Quarterly status report on the FY 2013 Obligation Limit, the actual obligations utilized, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts (MO) This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2013 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (2) Quarterly report on FY 2013 State Highway Fund 6 cash status (MO) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. (3) Accept the Quarterly Investment Report (MO) This minute order accepts the quarterly investment report for investments of funds relating to financing of the Central Texas Turnpike System and held by the Bank of New York Mellon, acting as trustee. f. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state. g. Compensation of Senior Leadership Positions Set the compensation for five senior leadership positions of the Texas Department of Transportation in accordance with the General Appropriations Act (MO) The General Appropriations Act authorizes the commission to set the compensation of up to five senior leadership positions within a range set by that Act for certain exempt positions. This minute order sets the amounts of compensation of those positions to an amount consistent with the Act.
Item 5 - House Bill 1025 Projects
Approve projects to reconstruct, rehabilitate, or repair roadways and bridges on the state highway system damaged because of above normal usage of those roadways and bridges by heavier vehicles and other vehicles involved in energy exploration and production, and authorize those projects with CONSTRUCT authority (MO) Section 40(a) of House Bill 1025, 83rd Legislature, Regular Session, appropriated the amount of $225 million out of the general revenue fund to the department, and provided that these funds may be used for maintenance and safety, including repairs to roadways and bridges within the state highway system for damage caused by oversize vehicles or overweight loads used in the development and production of energy or by above normal usage of roadways and bridges within the state highway system by vehicles used in the development and production of energy. Pursuant to the requirements of Section 40(a), the department has ranked projects using a formula that assigned weight to four areas: roadway characteristics, including lane width; pavement condition; safety; and traffic, including average daily traffic and truck volumes.
Item 7 - Public Transportation
a. Various Counties - Award federal and state funds to designated lead agencies and fiscal agents to support continuation of coordinated regional public transportation planning for FY 2014 (MO) The awards identified in this minute order are financed with federal grant funds from the Federal Transit Administration and state matching funds. Funding is awarded to locally designated lead agencies and fiscal agents to fund their efforts in continuing public transportation planning. b. Potter County - Award federal §5317 New Freedom grant program funds to Panhandle Independent Living Center (MO) This minute order awards federal grant funds from the Federal Transit Administration, under 49 USC §5317, New Freedom Grant program to Panhandle Independent Living Center to continue their travel training program for individuals with disabilities. c. Various Counties - Award state funds to Rolling Plains Management Corporation (MO) Jack County Commissioners Court has realigned their county with Rolling Plains Management Corporation Rural Transit District for the provision of public transportation services. The award identified in this minute order will provide for continuity of service within Jack County. d. Various Counties - Award transportation development credits to Texoma Area Paratransit System (MO) This minute order awards transportation development credits to Texoma Area Paratransit System (TAPS) for use as local match for capital projects in the TAPS service area.
Item 8 - Transportation Enhancement Program
Select transportation enhancement projects submitted under the September 14, 2012 program call (MO) The Transportation Enhancement (TE) program is a federally-funded program derived from a 10 percent set-aside from the Surface Transportation Program apportionment. Under MAP-21, TE activities will be replaced by the Transportation Alternatives Program. Current TE activities remain eligible for TE funds that were previously apportioned until the TE funds are obligated, rescinded, or lapsed. This minute order awards previously apportioned TE funds to eligible projects selected from the September 14, 2012 program call.
Item 9 - Promulgation of Administrative Rules
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption (1) Chapter 9 - Contract and Grant Management (MO) Amendments to §9.35, Federal Process (Contracting for Architectural, Engineering, and Surveying Services) The Federal Highway Administration is conducting a pilot program to evaluate the use of a “safe harbor rate.” The safe harbor rate serves as an indirect cost rate for firms providing engineering and design-related services lacking an FAR-compliant indirect cost rate. This amendment accommodates the department’s participation in the pilot program. b. Proposed Adoption (1) Chapter 9 - Contract and Grant Management (MO) Amendments to §§9.31 - 9.34, Repeal of §§9.36 - 9.40, and New §§9.36 -9.42 (Contracting for Architectural, Engineering, and Surveying Services) These amendments are necessary to update and streamline agency rules describing agency operations and for clarity and logical presentation. The new section provides for a new contracting process allowing the executive director to execute an engineering, architecture, or surveying contract when certain circumstances are present. (2) Chapter 28 - Oversize and Overweight Vehicles and Loads (MO) New §§28.80 - 28.88, New Subchapter G, Analyses of Routes for Superheavy Permitted Loads This new subchapter clarifies that all private engineering firms performing superheavy route analyses that will be used in issuing an oversize/overweight permit by the Department of Motor Vehicles must be approved by the Texas Department of Transportation. These rules will establish the qualifications for a firm to receive approval to perform the route analysis and will provide the format for the report to be used in the permitting process. b. Proposed Adoption (continued) (3) Chapter 31 - Public Transportation (MO) Amendments to §31.3 (General), §31.11 and §31.13 (State Programs); §§31.16 - 31.18, §31.21, §31.22, §31.26, §31.36, and §31.37, New §31.30, and §31.31 (Federal Programs); New §31.38, §31.40, and §31.42, Amendments to §§31.43 - 31.45, §31.48, and §31.49, and Repeal of §31.40 and §31.42 (Program Administration); New §31.51 and Amendments to §31.57 (Property Management Standards) The passage of Moving Ahead for Progress in the 21st Century, better known as MAP 21, made significant changes to parts of the Federal Transit Law, including amendments to Chapter 53 of Title 49, United States Code. The Federal Transit Administration (FTA) has posted various updates to existing programs as a result of MAP-21. These amendments align existing policies and procedures with new or amended federal requirements in MAP-21 and updates from FTA.
Caldwell County - Reagan National Advertising of Austin v. Texas Department of Transportation - Consider action on proposal for decision by administrative law judge concerning cancellation of an outdoor advertising permit, final order (MO) The executive director issued an order that cancelled Outdoor Advertising Permit No. 076376 located along US 183 in Caldwell County. The recommendation by the State Office of Administrative Hearings is that the Commission should cancel the permit.
Item 11 - Office of Compliance and Ethics
Office of Compliance and Ethics Report State law requires the commission to establish a compliance program, which must include a compliance office to oversee the program. The compliance office is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The compliance office is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations.
Item 12 - Design-Build Agreements
Various Counties - Authorize the department to issue a request for qualifications for the design and construction of the Energy Sector Roadway Repair Project, comprised of improvements to identified roadways within regions around the state that have been impacted by energy exploration and production (MO) The Energy Sector Roadway Repair Project will provide for the reconstruction, rehabilitation, or repair of roadways and bridges on the state highway system damaged because of above normal usage of those roadway facilities by heavier vehicles and other vehicles involved in energy exploration and production. Transportation Code, §223.242 authorizes the department to enter into, in each fiscal year, up to three design-build contracts for highway projects with a construction cost estimate of $50 million or more. The Energy Sector Roadway Repair Project is a high priority for the state and meets the conditions necessary for design-build delivery.
a. Various Counties - Authorize the executive director of the department to issue a request for qualifications for the development, design, construction, and potentially, financing, maintenance, and operation of the Segments H, I-1 and all or part of Segment I-2 of the SH 99 (Grand Parkway) in Harris, Liberty, Montgomery, and Chambers Counties (MO) Transportation Code Section 223.201 authorizes the department to enter into a comprehensive development agreement on the Grand Parkway project. Development of the SH 99 Grand Parkway project is a crucial element to responding to growing traffic congestion throughout the Houston metropolitan area. b. Chambers County - Establish new toll rate tables on SH 99 (Segment I-2) to align the tolling system with the current vehicle classification system in use by the department (MO) This minute order authorizes new toll rate tables for SH 99 (Segment I-2). This change is necessary to reflect modifications being made to the vehicle classification system used by the department. The new system will classify vehicles based on the number of axles, like the rest of the department operated toll facilities, rather than classifying vehicles by shape as had been done previously at these locations. c. Webb County - Establish new toll rate tables on SH 255 to align the tolling system with the current vehicle classification system in use by the department (MO) This minute order authorizes new toll rate tables for SH 255. This change is necessary to reflect modifications being made to the vehicle classification system used by the department. The new system will classify vehicles based on the number of axles, like the rest of the department operated toll facilities, rather than classifying vehicles by shape as had been done previously at these locations.
Award or reject contracts for maintenance, highway and building construction These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. a. Highway Maintenance and Department Building Construction (see attached itemized list) (MO) b. Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Item 15 - Eminent Domain Proceedings
Various Counties - Authorize the filing of condemnation proceedings to acquire real property by eminent domain for non-controlled and controlled access highways (see attached list) (MO) Commission findings, determinations, and authorizations for the state, by motion made in accordance with Senate Bill 18 (82nd Legislature), to acquire by eminent domain, upon the payment of adequate and just compensation, various ownership interests in specific parcels of real property that are needed to develop or improve both non-controlled and controlled access state highways, to include requesting the state attorney general to bring and pursue condemnation suits relating to those specific parcels of real property described in the attached itemized list.
Collin, Dallas, Ellis, Parker, Rockwall and Tarrant Counties - Approve proposed lane use restriction for trucks on I-20, I-30, I-35E, I-35W, I-45, I-635, I-820, SH 114, SH 121, SH 360, SL 12, US 75 and US 175 in Collin, Dallas, Ellis, Parker, Rockwall and Tarrant Counties (MO) To provide an area wide approach to traffic safety, this minute order approves restrictions for trucks using designated lanes in the cities of Dallas, Fort Worth and the surrounding counties. The affected highways are I-20, I-30, I-35E, I-35W, I-45, I-635, I-820, SH 114, SH 121, SH 360, SL 12, US 75 and US 175 in Collin, Dallas, Ellis, Parker, Rockwall and Tarrant Counties. The department worked in conjunction with local jurisdictions in these Counties to develop the proposed lane restrictions.
Item 17 - Routine Minute Orders (Part 2 of 2)
a. Donations to the Department Various Districts - Consider the acceptance of donations made to the department to include: (a) donations in any form, including realty, personalty, money, materials, or services, which are made to the department for the purpose of carrying out its functions and duties; and (b) donations from landowners, with land adjacent to a highway that is part of the state highway system, to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner’s land (See attached itemized list) (MO) The donations will ensure the safety of the traveling public. b. Right of Way Dispositions and Donations (pending confirmation) Ellis County - FM 661, old alignment, known as Lakeview Drive, in Grand Prairie - Consider the sale of surplus right of way to the abutting landowner (MO) The district has determined that the surplus land is no longer needed for highway purposes. The highway was realigned, and the abutting landowner has requested to purchase the surplus land. The land was offered to the city, and the city declined to purchase it. It may be sold to the abutting landowner. c. Release of Access Dallas County - I-635, eastbound frontage road approximately 1100 feet west of the Midway Road intersection - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 40-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to and from the eastbound frontage road. The district has determined that access may be permitted at the designated location on the condition that a required deceleration lane be constructed at this location at the abutting property owner’s expense. d. Transportation Planning Various Counties - Approve revisions to the Hidalgo County Metropolitan Planning Organization (HCMPO) and Harlingen-San Benito Metropolitan Planning Organization (HSBMPO) metropolitan planning area boundaries (MO) Federal law requires that a metropolitan planning area boundary cover the existing urbanized area and the contiguous geographic area expected to become urbanized within a 20-year forecast period covered by the MPO’s metropolitan transportation plan. The boundary may be expanded to encompass the entire metropolitan statistical area. Revisions to metropolitan planning area boundaries must be approved by the governor who has delegated the authority to approve such changes to the Texas Transportation Commission. The HCMPO policy board and the HSBMPO policy board have agreed to include a portion of Hidalgo County in the HSBMPO metropolitan planning area. e. Finance (1) Obligation Limit Report Quarterly status report on the FY 2013 Obligation Limit, the actual obligations utilized, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts (MO) This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2013 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (2) Quarterly report on FY 2013 State Highway Fund 6 cash status (MO) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. (3) Accept the Quarterly Investment Report (MO) This minute order accepts the quarterly investment report for investments of funds relating to financing of the Central Texas Turnpike System and held by the Bank of New York Mellon, acting as trustee. f. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state. g. Compensation of Senior Leadership Positions Set the compensation for five senior leadership positions of the Texas Department of Transportation in accordance with the General Appropriations Act (MO) The General Appropriations Act authorizes the commission to set the compensation of up to five senior leadership positions within a range set by that Act for certain exempt positions. This minute order sets the amounts of compensation of those positions to an amount consistent with the Act.
Open Comment Period & Adjournment
OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN