Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the July 25, 2013, meeting of the Texas Transportation Commission
a. Recognize Carolyn Icard, Executive Assistant to the Commission, for her 27 years of service to the department b. Recognize Herbert Bickley, P.E., Abilene District Engineer, for his 30 years of service to the department
Item 4 - Advisory Committees Appointments
a. Appoint members to the Border Trade Advisory Committee (MO) Created by state law, the purpose of the Border Trade Advisory Committee is to assist in defining and developing a strategy and making recommendations for addressing the highest priority border trade transportation challenges. Committee members are appointed to staggered three- year terms. This minute order approves the appointment of 11 members to the committee. b. Appoint members to the Aviation Advisory Committee (MO) The commission shall appoint each member for a term not to exceed three years. This minute order approves the appointment of two members to the Aviation Advisory Committee. c. Create the I-20 East Texas Corridor Advisory Committee and designate the entities that may appoint members to the committee (MO) The purpose of the I-20 East Texas Advisory Committee is to facilitate and achieve support and consensus from affected communities, governmental entities, and other interested parties in the planning of transportation improvements in the I-20 corridor between Dallas and the Texas/Louisiana state line and in the establishment of development plans for that corridor
Proposed Adoption (1) Chapter 1 - Management (MO) Amendments to §1.82, §§1.85 - 1.87 (Advisory Committees) The amendments change the rules governing advisory committees to extend committee sunset dates for committees under Chapter 1. In addition, the TxDOT Strategic Research Program Advisory Committee is eliminated because its functions are duplicated in other workgroups. Promulgation of Administrative Rules (continued) b. Proposed Adoption (continued) (2) Chapter 15 - Financing and Construction of Transportation Projects (MO) New §§15.180 - 15.196, New Subchapter O, County Transportation Infrastructure Fund Grant Program Senate Bill 1747 enacts Transportation Code, Chapter 256, Subchapter C, that requires the department to adopt rules for the administration of a grant program which will provide funding of county transportation infrastructure projects located in areas of the state affected by increased oil and gas production. This new subchapter establishes procedures for submission and review of county applications and the allocation of funds under the new grant program. (3) Chapter 25 - Traffic Operations (MO) Amendments to §25.27, Variable Speed Limits (Procedures for Establishing Speed Zones) House Bill 2204, 83rd Legislature, requires the commission to implement a variable speed limit pilot program to study the effectiveness of temporarily lowering speed limits to address inclement weather, congestion, road construction, and other conditions that affect traffic safety. These rules provide the guidelines for establishing variable speed limits. (4) Chapter 25 - Traffic Operations (MO) Amendments to §25.975, Crash Record Statistical Analysis, and §25.977 Reporting by Investigating Officers (Crash Records Information System) These amendments remove the requirement that the department adopt the investigating officer’s Crash Record form (CR-3 and the CR-3 ALT forms) by reference. This will provide the department the ability to timely update the Crash Record form to address changes to the statute, federal reporting requirements, the Crash Records Information System, or as requested by the Department of Public Safety. The rule will provide the general information that must be included in the form but will not include the actual form.
a. Update on staff recommendations to address the safety challenges in the areas of the state with growing energy exploration and production b. Report on the status of a comprehensive plan to engage stakeholders and municipalities regarding the possible delegation of responsibility of certain state highways in municipalities c. Presentation on activities of the Texas Technology Task Force (Report) The Texas Technology Task Force (TTTF) convened on April 29, 2013. The task force is composed of thought-leaders from industry and the public sector. Its charge is to (1) identify key emerging technologies that have high potential to transform transportation, (2) outline a path to implementation, and (3) consider policy, economic, and institutional barriers to technology implementation in Texas. An update of the Task Force’s activities will be presented, including possible next steps. d. Update on the SH 288 Toll Lanes Project in Harris County from US 59 to the Harris/Brazoria County Line and the procurement effort
a. Approve the Aviation Capital Improvement Program (MO) The department is required to prepare and annually update a multi-year aviation facilities capital improvement program. The department is seeking commission approval of this program. b. 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. c. Various Counties - Approve the Routine Airport Maintenance Program (MO) State law authorizes the award of state funding for routine airport maintenance projects. The recommended airports are eligible for award of these grant funds and AVN seeks approval of the
Item 7 - Public Transportation
a. Various Counties - Award federal and state funds for public transportation planning projects (MO) This minute order awards federal and state grant funds to South Plains Association of Governments, El Paso County, and Jim Wells County to support regional planning projects that assist public transportation programs in their respective areas. b. Parker, Palo Pinto and Val Verde Counties - Award federal §5310, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities grant program funds, to Public Transit Services and City of Del Rio (MO) The awards identified in this minute order reflect an allocation of federal grant funds from the Federal Transit Administration §5310, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, to Public Transit Services and City of Del Rio to continue existing transit services to senior and disabled populations in their respective areas. c. Various Counties - Award transportation development credits to various transit agencies for public transportation projects (MO) This minute order awards transportation development credits to Golden Crescent Regional Planning Commission, Midland Odessa Urban Transit District, and Several Transit Agencies in the Houston Galveston Area for use as local match for public transportation projects.
Item 8 - Unified Transportation Program (UTP)
Unified Transportation Program (UTP) Approve the 2014 UTP (MO) The UTP is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2014 UTP for fiscal years 2014-2023 as well as the PSP for the 2014 UTP. In addition, this minute order serves as the commission's identification and justification of variances from certain federal distribution formulas and authorizes the proposed distribution of transportation funds through the 2014 UTP.
Item 9a - 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 4 - Employment Practices (MO) Repeal of §§4.60 - 4.63 (Employee Training and Education) and New §4.61, Tuition Assistance Program (Employee Training and Education) The existing Tuition Assistance Program rules contain unnecessarily detailed internal operating procedures and do not afford the department sufficient flexibility to administer the program efficiently. The rules are being replaced with a rule generally authorizing the department to set employee education policies according to state law. (2) Chapter 28 - Oversize and Overweight Vehicles and Loads (MO) New §28.60, Purpose, §28.61, Definition, and §28.62, District's Powers and Duties, §28.63, Permit Eligibility, §28.64, Permit Issuance Requirements and Procedures, §28.65, Permit Weight Limits for Axles, §28.66, Movement Requirements and Restrictions, and §28.67, Records (New Subchapter F, Port Freeport Permits) These new sections provide the authority for Port Freeport to issue permits for the operation of oversize and overweight vehicles on specific roads within Brazoria County. The sections also establish the guidelines for the agreement between the county and the department and the requirements the county must follow to issue the permits.
Item 10 - 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.
Approve the Audit Plan for Fiscal Year 2014 and determine whether adequate resources have been dedicated to the internal audit program (MO) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The audit plan must be approved by the commission. In addition, the commission must review the resources dedicated to the internal audit program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe.
Item 12 - Design-Build Agreements
Bexar County - Approve the selection of the proposer who submitted the best value proposal to design and construct the Loop 1604 Project, providing for the expansion of a non-tolled expressway from SH 16 (Bandera Road) to FM 471 (Culebra Road), and, at the department’s option to design and construct portions of Loop 1604 further south at SH 151, and authorize the executive director of the department to execute a Design-Build contract with the selected proposer (MO) On April 26, 2013, the department issued a request for proposals to design and construct the Loop 1604 Project. The department has completed its review and evaluation of proposals, and is presenting its best value recommendation to the commission
a. Dallas and Tarrant Counties - Authorize the department to issue a request for proposals for the development, financing, construction, and operation of the SH 183 Managed Lanes Project in Dallas and Tarrant Counties, comprised of SH 183 from SH 121 to I-35E, including the proposed interchanges with Loop 12, SH 114, and Spur 482, SH 114 from International Parkway to Loop 12, and Loop 12 from SH 183 to I-35E, and approve a stipulated amount as payment for the work product of unsuccessful proposers (MO) On January 31, 2013, in Minute Order113427, the commission authorized the department to issue a request for qualifications for the project. On May 15, 2013, the North Texas Tollway Authority confirmed the previous waiver of its option to develop, finance, construct, and operate the SH 183 Managed Lanes Project, including the additions of SH 114, Loop 12 and the North Tarrant Express, Segment 2E (SH 183 from SH 121 to SH 161). The SH 183 Managed Lanes Project is a high priority for the state, and is planned for development as a toll project supported by toll revenue. b. Various Counties - Consider the approval of a tolling services agreement with the North Texas Tollway Authority (NTTA) for the North Tarrant Express (NTE) Segments 3A and 3B Project (MO) By Minute Order 113559, dated April 25, 2013, the commission approved the term sheet for the provision by the NTTA of tolling services and marketing for Segments 3A and 3B of the North Tarrant Express. This term sheet is the basis for the final tolling services agreement between the department and NTTA that is being presented for approval. c. Various Counties - Amend the policy concerning free passage on toll projects on the state highway system to address recent legislative changes (MO) In Minute Order 110911, dated April 26, 2007, the commission adopted a policy concerning free passage on toll projects on the state highway system. In Minute Order 113247, dated August 30, 2012, the commission amended the policy to authorize the waiver of the requirement of the payment of a toll, or discounted toll rates, for vehicles registered to disabled veterans and recipients of the Medal of Honor. This minute order further amends the policy as a result of recent changes to the statutory definition of “authorized emergency vehicle” and the veteran discount program.
Brazoria County - SH 36 - Authorize the department to enter into an amendment to the original pass-through toll agreement with Brazoria County that eliminates Segment 3 - FM 1495 Port of Freeport entrance, and reduces the pass-through toll reimbursement amount and the financial terms of the project. The department and Brazoria County (county) executed a Pass-Through Toll Agreement (agreement) in 2010 for the construction improvements to SH 36 – Segments 1through 3. The agreement provided $29.406 million of total reimbursement of pass-through toll payments by the department. Because of the elimination of Segment 3 from the project, the construction costs were reduced significantly. Therefore, the amendment will reduce the pass-through toll reimbursement amount to be paid under the agreement. In addition, the department will make available to the county funding for additional work added to the project by the department.
a. 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. (1) Highway Maintenance and Department Building Construction (see attached itemized list) (MO) (2) Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Item 16 - 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.
Item 17 - Routine Minute Orders
a. Donations to the Department (1) Tyler District - Consider a donation from Luminant Mining Company, LLC for sufficient funding to construct a new segment of highway parallel to FM 2658 in Rusk County which will then be conveyed to the state in exchange for an approximately 2.82 mile length of highway currently designated as FM 2658 (MO) The donation will provide the department with a new parallel length of highway on property currently owned by the donor in exchange for the existing length of highway a. Donations to the Department (continued) (2) 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 (1) Dallas County - SH 161 at North Beltline Road in Irving - Consider the exchange of right of way (MO) The district has advised that land is needed for a highway widening project. The cities of Dallas and Fort Worth are the owners of the needed land and have requested that the surplus land be conveyed to the cities in exchange for the new land. The district has determined that the surplus land is no longer needed for highway purposes. (2) Dallas County - I-635 at County Line Road in Coppell - Consider the sale of surplus right of way to the cities of Dallas and Fort Worth (MO) The district has advised that the surplus land was acquired for an intersection of a county road that has been abandoned. The land is no longer needed for highway purposes, and it may be sold to the cities. (3) Denton County - FM 423 north of Panther Creek Parkway in Little Elm - Consider the sale of a surplus drainage easement (MO) The district has advised that an alternate drainage plan has been implemented by the developer of the property. The surplus easement is no longer needed for highway purposes and may be sold to the fee owner of the property. (4) Denton County - I-35W at Eagle Parkway - 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 district recommends the surplus land be sold to the abutting landowner. (5) Hidalgo County - US 281 at Trenton Road in Edinburg - Consider the sale of surplus right of way to the city (MO) The district has advised that the surplus land is no longer needed for highway purposes. The city has requested to purchase it, and it may be sold to the city. (6) Tarrant County - I-35W at the Trinity River in Fort Worth - Consider the exchange of right of way (MO) The district has advised that land is needed for a highway improvement project. Tarrant Regional Water District (TRWD) is the owner of the needed land and has requested that the surplus land be conveyed to TRWD in exchange for the new land. The district has determined that the surplus land is no longer needed for highway purposes.c. Easement Acquisition Starr County - Authorize acquisition of a conservation easement on or fee simple title to approximately 4.88 acres of land along an intermittent tributary of the Rio Grande for compensatory mitigation purposes (MO) This acquisition is needed to comply with a U.S. Army Corps of Engineers permit authorizing a highway drainage project near the town of Roma. d. Highway Redesignation Webb County - Redesignate a segment of Loop 20 in the city of Laredo as State Spur 259 (MO) The Laredo District has requested the highway segment extending from SH 359 to Loop 20 south be redesignated as State Spur 259, a distance of approximately 0.2 mile. e. Release of Access (1) Dallas County - I-20, eastbound frontage road at Hampton Road in Dallas - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 32-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. (2) Dallas County - I-35E, southbound frontage road at Loop 12 in Dallas - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 35.04-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 southbound frontage road. The district has determined that access may be permitted at the designated location. f. Finance (1) Travis and Williamson Counties Approval of the Central Texas Turnpike System (CTTS) annual operating, maintenance and capital budgets (MO) This minute order approves the annual operating, maintenance and capital budgets for the CTTS which consists of SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 extension. Some costs of the CTTS were financed with debt obligations. The Indenture of Trust stipulates that the commission will adopt annual budgets by August 31 of the preceding fiscal year. (2) Annual review and approval of the investment policy and investment strategies applicable to all funds of the commission not otherwise required to be invested by the comptroller (MO) This minute order approves the department’s investment policy and investment strategies. The Public Funds Investment Act requires the commission to review the investment policy and investment strategies on an annual basis, and to approve by order any modifications to the investment policy and investment strategies. f. Finance (continued) (3) Annual review of debt management policy and derivative management policy for financing programs of the department, and authorization for department personnel to execute certain derivative transactions for financing programs of the department (MO) This minute order approves the debt management policy which establishes parameters for the commission's financing programs considering acceptable levels of risk, minimizing interest costs and optimizing future flexibility with consideration to achieving and maintaining the best possible credit ratings. Additionally, this minute order approves the derivative management policy which establishes responsibilities, objectives and guidelines for use of derivatives such as interest rate swaps and similar products to efficiently and prudently manage the commission's asset/liability profile. (4) Adopt the 2014 Operating Budget (MO) This minute order adopts the department’s annual operating budget as prescribed by the General Appropriations Act. g. 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.
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
Safety Briefing Staff will provide general safety instruction.
Approval of Minutes of the July 25, 2013, meeting of the Texas Transportation Commission
a. Recognize Carolyn Icard, Executive Assistant to the Commission, for her 27 years of service to the department b. Recognize Herbert Bickley, P.E., Abilene District Engineer, for his 30 years of service to the department
Item 4 - Advisory Committees Appointments
a. Appoint members to the Border Trade Advisory Committee (MO) Created by state law, the purpose of the Border Trade Advisory Committee is to assist in defining and developing a strategy and making recommendations for addressing the highest priority border trade transportation challenges. Committee members are appointed to staggered three- year terms. This minute order approves the appointment of 11 members to the committee. b. Appoint members to the Aviation Advisory Committee (MO) The commission shall appoint each member for a term not to exceed three years. This minute order approves the appointment of two members to the Aviation Advisory Committee. c. Create the I-20 East Texas Corridor Advisory Committee and designate the entities that may appoint members to the committee (MO) The purpose of the I-20 East Texas Advisory Committee is to facilitate and achieve support and consensus from affected communities, governmental entities, and other interested parties in the planning of transportation improvements in the I-20 corridor between Dallas and the Texas/Louisiana state line and in the establishment of development plans for that corridor
Proposed Adoption (1) Chapter 1 - Management (MO) Amendments to §1.82, §§1.85 - 1.87 (Advisory Committees) The amendments change the rules governing advisory committees to extend committee sunset dates for committees under Chapter 1. In addition, the TxDOT Strategic Research Program Advisory Committee is eliminated because its functions are duplicated in other workgroups. Promulgation of Administrative Rules (continued) b. Proposed Adoption (continued) (2) Chapter 15 - Financing and Construction of Transportation Projects (MO) New §§15.180 - 15.196, New Subchapter O, County Transportation Infrastructure Fund Grant Program Senate Bill 1747 enacts Transportation Code, Chapter 256, Subchapter C, that requires the department to adopt rules for the administration of a grant program which will provide funding of county transportation infrastructure projects located in areas of the state affected by increased oil and gas production. This new subchapter establishes procedures for submission and review of county applications and the allocation of funds under the new grant program. (3) Chapter 25 - Traffic Operations (MO) Amendments to §25.27, Variable Speed Limits (Procedures for Establishing Speed Zones) House Bill 2204, 83rd Legislature, requires the commission to implement a variable speed limit pilot program to study the effectiveness of temporarily lowering speed limits to address inclement weather, congestion, road construction, and other conditions that affect traffic safety. These rules provide the guidelines for establishing variable speed limits. (4) Chapter 25 - Traffic Operations (MO) Amendments to §25.975, Crash Record Statistical Analysis, and §25.977 Reporting by Investigating Officers (Crash Records Information System) These amendments remove the requirement that the department adopt the investigating officer’s Crash Record form (CR-3 and the CR-3 ALT forms) by reference. This will provide the department the ability to timely update the Crash Record form to address changes to the statute, federal reporting requirements, the Crash Records Information System, or as requested by the Department of Public Safety. The rule will provide the general information that must be included in the form but will not include the actual form.
a. Update on staff recommendations to address the safety challenges in the areas of the state with growing energy exploration and production b. Report on the status of a comprehensive plan to engage stakeholders and municipalities regarding the possible delegation of responsibility of certain state highways in municipalities c. Presentation on activities of the Texas Technology Task Force (Report) The Texas Technology Task Force (TTTF) convened on April 29, 2013. The task force is composed of thought-leaders from industry and the public sector. Its charge is to (1) identify key emerging technologies that have high potential to transform transportation, (2) outline a path to implementation, and (3) consider policy, economic, and institutional barriers to technology implementation in Texas. An update of the Task Force’s activities will be presented, including possible next steps. d. Update on the SH 288 Toll Lanes Project in Harris County from US 59 to the Harris/Brazoria County Line and the procurement effort
a. Approve the Aviation Capital Improvement Program (MO) The department is required to prepare and annually update a multi-year aviation facilities capital improvement program. The department is seeking commission approval of this program. b. 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. c. Various Counties - Approve the Routine Airport Maintenance Program (MO) State law authorizes the award of state funding for routine airport maintenance projects. The recommended airports are eligible for award of these grant funds and AVN seeks approval of the
Item 7 - Public Transportation
a. Various Counties - Award federal and state funds for public transportation planning projects (MO) This minute order awards federal and state grant funds to South Plains Association of Governments, El Paso County, and Jim Wells County to support regional planning projects that assist public transportation programs in their respective areas. b. Parker, Palo Pinto and Val Verde Counties - Award federal §5310, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities grant program funds, to Public Transit Services and City of Del Rio (MO) The awards identified in this minute order reflect an allocation of federal grant funds from the Federal Transit Administration §5310, Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, to Public Transit Services and City of Del Rio to continue existing transit services to senior and disabled populations in their respective areas. c. Various Counties - Award transportation development credits to various transit agencies for public transportation projects (MO) This minute order awards transportation development credits to Golden Crescent Regional Planning Commission, Midland Odessa Urban Transit District, and Several Transit Agencies in the Houston Galveston Area for use as local match for public transportation projects.
Item 8 - Unified Transportation Program (UTP)
Unified Transportation Program (UTP) Approve the 2014 UTP (MO) The UTP is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2014 UTP for fiscal years 2014-2023 as well as the PSP for the 2014 UTP. In addition, this minute order serves as the commission's identification and justification of variances from certain federal distribution formulas and authorizes the proposed distribution of transportation funds through the 2014 UTP.
Item 9a - 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 4 - Employment Practices (MO) Repeal of §§4.60 - 4.63 (Employee Training and Education) and New §4.61, Tuition Assistance Program (Employee Training and Education) The existing Tuition Assistance Program rules contain unnecessarily detailed internal operating procedures and do not afford the department sufficient flexibility to administer the program efficiently. The rules are being replaced with a rule generally authorizing the department to set employee education policies according to state law. (2) Chapter 28 - Oversize and Overweight Vehicles and Loads (MO) New §28.60, Purpose, §28.61, Definition, and §28.62, District's Powers and Duties, §28.63, Permit Eligibility, §28.64, Permit Issuance Requirements and Procedures, §28.65, Permit Weight Limits for Axles, §28.66, Movement Requirements and Restrictions, and §28.67, Records (New Subchapter F, Port Freeport Permits) These new sections provide the authority for Port Freeport to issue permits for the operation of oversize and overweight vehicles on specific roads within Brazoria County. The sections also establish the guidelines for the agreement between the county and the department and the requirements the county must follow to issue the permits.
Item 10 - 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.
Approve the Audit Plan for Fiscal Year 2014 and determine whether adequate resources have been dedicated to the internal audit program (MO) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The audit plan must be approved by the commission. In addition, the commission must review the resources dedicated to the internal audit program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe.
Item 12 - Design-Build Agreements
Bexar County - Approve the selection of the proposer who submitted the best value proposal to design and construct the Loop 1604 Project, providing for the expansion of a non-tolled expressway from SH 16 (Bandera Road) to FM 471 (Culebra Road), and, at the department’s option to design and construct portions of Loop 1604 further south at SH 151, and authorize the executive director of the department to execute a Design-Build contract with the selected proposer (MO) On April 26, 2013, the department issued a request for proposals to design and construct the Loop 1604 Project. The department has completed its review and evaluation of proposals, and is presenting its best value recommendation to the commission
a. Dallas and Tarrant Counties - Authorize the department to issue a request for proposals for the development, financing, construction, and operation of the SH 183 Managed Lanes Project in Dallas and Tarrant Counties, comprised of SH 183 from SH 121 to I-35E, including the proposed interchanges with Loop 12, SH 114, and Spur 482, SH 114 from International Parkway to Loop 12, and Loop 12 from SH 183 to I-35E, and approve a stipulated amount as payment for the work product of unsuccessful proposers (MO) On January 31, 2013, in Minute Order113427, the commission authorized the department to issue a request for qualifications for the project. On May 15, 2013, the North Texas Tollway Authority confirmed the previous waiver of its option to develop, finance, construct, and operate the SH 183 Managed Lanes Project, including the additions of SH 114, Loop 12 and the North Tarrant Express, Segment 2E (SH 183 from SH 121 to SH 161). The SH 183 Managed Lanes Project is a high priority for the state, and is planned for development as a toll project supported by toll revenue. b. Various Counties - Consider the approval of a tolling services agreement with the North Texas Tollway Authority (NTTA) for the North Tarrant Express (NTE) Segments 3A and 3B Project (MO) By Minute Order 113559, dated April 25, 2013, the commission approved the term sheet for the provision by the NTTA of tolling services and marketing for Segments 3A and 3B of the North Tarrant Express. This term sheet is the basis for the final tolling services agreement between the department and NTTA that is being presented for approval. c. Various Counties - Amend the policy concerning free passage on toll projects on the state highway system to address recent legislative changes (MO) In Minute Order 110911, dated April 26, 2007, the commission adopted a policy concerning free passage on toll projects on the state highway system. In Minute Order 113247, dated August 30, 2012, the commission amended the policy to authorize the waiver of the requirement of the payment of a toll, or discounted toll rates, for vehicles registered to disabled veterans and recipients of the Medal of Honor. This minute order further amends the policy as a result of recent changes to the statutory definition of “authorized emergency vehicle” and the veteran discount program.
Brazoria County - SH 36 - Authorize the department to enter into an amendment to the original pass-through toll agreement with Brazoria County that eliminates Segment 3 - FM 1495 Port of Freeport entrance, and reduces the pass-through toll reimbursement amount and the financial terms of the project. The department and Brazoria County (county) executed a Pass-Through Toll Agreement (agreement) in 2010 for the construction improvements to SH 36 – Segments 1through 3. The agreement provided $29.406 million of total reimbursement of pass-through toll payments by the department. Because of the elimination of Segment 3 from the project, the construction costs were reduced significantly. Therefore, the amendment will reduce the pass-through toll reimbursement amount to be paid under the agreement. In addition, the department will make available to the county funding for additional work added to the project by the department.
a. 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. (1) Highway Maintenance and Department Building Construction (see attached itemized list) (MO) (2) Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Item 16 - 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.
Item 17 - Routine Minute Orders
a. Donations to the Department (1) Tyler District - Consider a donation from Luminant Mining Company, LLC for sufficient funding to construct a new segment of highway parallel to FM 2658 in Rusk County which will then be conveyed to the state in exchange for an approximately 2.82 mile length of highway currently designated as FM 2658 (MO) The donation will provide the department with a new parallel length of highway on property currently owned by the donor in exchange for the existing length of highway a. Donations to the Department (continued) (2) 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 (1) Dallas County - SH 161 at North Beltline Road in Irving - Consider the exchange of right of way (MO) The district has advised that land is needed for a highway widening project. The cities of Dallas and Fort Worth are the owners of the needed land and have requested that the surplus land be conveyed to the cities in exchange for the new land. The district has determined that the surplus land is no longer needed for highway purposes. (2) Dallas County - I-635 at County Line Road in Coppell - Consider the sale of surplus right of way to the cities of Dallas and Fort Worth (MO) The district has advised that the surplus land was acquired for an intersection of a county road that has been abandoned. The land is no longer needed for highway purposes, and it may be sold to the cities. (3) Denton County - FM 423 north of Panther Creek Parkway in Little Elm - Consider the sale of a surplus drainage easement (MO) The district has advised that an alternate drainage plan has been implemented by the developer of the property. The surplus easement is no longer needed for highway purposes and may be sold to the fee owner of the property. (4) Denton County - I-35W at Eagle Parkway - 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 district recommends the surplus land be sold to the abutting landowner. (5) Hidalgo County - US 281 at Trenton Road in Edinburg - Consider the sale of surplus right of way to the city (MO) The district has advised that the surplus land is no longer needed for highway purposes. The city has requested to purchase it, and it may be sold to the city. (6) Tarrant County - I-35W at the Trinity River in Fort Worth - Consider the exchange of right of way (MO) The district has advised that land is needed for a highway improvement project. Tarrant Regional Water District (TRWD) is the owner of the needed land and has requested that the surplus land be conveyed to TRWD in exchange for the new land. The district has determined that the surplus land is no longer needed for highway purposes.c. Easement Acquisition Starr County - Authorize acquisition of a conservation easement on or fee simple title to approximately 4.88 acres of land along an intermittent tributary of the Rio Grande for compensatory mitigation purposes (MO) This acquisition is needed to comply with a U.S. Army Corps of Engineers permit authorizing a highway drainage project near the town of Roma. d. Highway Redesignation Webb County - Redesignate a segment of Loop 20 in the city of Laredo as State Spur 259 (MO) The Laredo District has requested the highway segment extending from SH 359 to Loop 20 south be redesignated as State Spur 259, a distance of approximately 0.2 mile. e. Release of Access (1) Dallas County - I-20, eastbound frontage road at Hampton Road in Dallas - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 32-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. (2) Dallas County - I-35E, southbound frontage road at Loop 12 in Dallas - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 35.04-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 southbound frontage road. The district has determined that access may be permitted at the designated location. f. Finance (1) Travis and Williamson Counties Approval of the Central Texas Turnpike System (CTTS) annual operating, maintenance and capital budgets (MO) This minute order approves the annual operating, maintenance and capital budgets for the CTTS which consists of SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 extension. Some costs of the CTTS were financed with debt obligations. The Indenture of Trust stipulates that the commission will adopt annual budgets by August 31 of the preceding fiscal year. (2) Annual review and approval of the investment policy and investment strategies applicable to all funds of the commission not otherwise required to be invested by the comptroller (MO) This minute order approves the department’s investment policy and investment strategies. The Public Funds Investment Act requires the commission to review the investment policy and investment strategies on an annual basis, and to approve by order any modifications to the investment policy and investment strategies. f. Finance (continued) (3) Annual review of debt management policy and derivative management policy for financing programs of the department, and authorization for department personnel to execute certain derivative transactions for financing programs of the department (MO) This minute order approves the debt management policy which establishes parameters for the commission's financing programs considering acceptable levels of risk, minimizing interest costs and optimizing future flexibility with consideration to achieving and maintaining the best possible credit ratings. Additionally, this minute order approves the derivative management policy which establishes responsibilities, objectives and guidelines for use of derivatives such as interest rate swaps and similar products to efficiently and prudently manage the commission's asset/liability profile. (4) Adopt the 2014 Operating Budget (MO) This minute order adopts the department’s annual operating budget as prescribed by the General Appropriations Act. g. 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.
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