Safety Briefing Staff will provide general safety instruction. Receive comments from area public officials, community and civic leaders, and private citizens. Report by the District.
Approval of Minutes of the October 31, 2013, meeting of the Texas Transportation Commission
Various Speakers
Tyler District Report
Proposition 14 Bonds Eastland County - Approval of an additional project to be funded with the proceeds of State Highway Fund revenue bonds issued under Transportation Code, Section 222.003 (MO) The commission is adding an additional safety project to the list of previously approved projects. Funds are available for this additional project due to lower than estimated bids in other approved projects.
Item 3 - Advisory Committee Appointments
Advisory Committee Appointments Appoint members to the Bicycle Advisory Committee (MO) The Bicycle Advisory Committee advises the commission on bicycle issues and matters. By involving representatives of the public, including bicyclists and other interested parties, the department helps ensure effective communication with the bicycle community, and that the bicyclist's perspective will be considered in the development of departmental policies affecting bicycle use, including the design, construction and maintenance of highways
Discussion Items a. Update on I-20 East Texas Corridor Advisory Committee On August 29, 2013, the commission created the I-20 East Texas Corridor Advisory Committee to assist the department 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. Discussion will include the goals and objectives of the committee, its ongoing activities, and its plans for the future. Discussion Items (continued) b. Rural Transportation Planning Rural highways in Texas serve as the backbone of our transportation system and enable the department to effectively meet its goal of ‘Connecting Texas Communities.’ TxDOT has a number of planning initiatives that have been undertaken, or are underway, that serve to help the department plan for the future role and development of our rural highway system. Discussion will provide an overview of this work and will begin the discussion of the future direction of rural highway planning in the state.
Item 5 - Transportation Planning
Transportation Planning a. Various Counties - Approve revisions to the Tyler Metropolitan Planning Organization metropolitan planning area boundary (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 City of Bullard and the Tyler MPO Policy Board have agreed to include the City of Bullard in the Tyler metropolitan planning area. b. Various Counties - Approve revisions to the Longview Metropolitan Planning Organization metropolitan planning area boundary (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. Upshur County, the City of Gladewater and the Longview MPO Policy Board have agreed to include a portion of Upshur County and the City of Gladewater in the Longview metropolitan planning area.
Item 6 - Regional Mobility Authority
Regional Mobility Authority a. Cass County - Authorize the withdrawal of Cass County from the North East Texas Regional Mobility Authority (MO) The commission authorized the creation of the North East Texas Regional Mobility Authority (NET RMA) in October 2004 and authorized additional counties to join the NET RMA in June 2006 and July 2007. The department has received a petition from Cass County requesting to withdraw from the NET RMA. The Board of Directors of the NET RMA has adopted a resolution approving the withdrawal of Cass County from the NET RMA. b. Various Counties - Consider authorizing Kaufman County to become part of the North East Texas Regional Mobility Authority (MO) The commission authorized the creation of the North East Texas Regional Mobility Authority (NET RMA) in October 2004 and authorized additional counties to join the NET RMA in June 2006 and July 2007 The department has received a petition from Kaufman County requesting to join the NET RMA. The Board of Directors of the NET RMA has adopted a resolution agreeing to the addition of Kaufman County to the NET RMA.
Item 8 - Promulgation of Administrative Rules (Part 1 of 2)
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final 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. (2) Chapter 15 - Financing and Construction of Transportation Projects (MO) New §§15.180 - 15.197, New Subchapter O, County Transportation Infrastructure Fund Grant Program Senate Bill 1747 enacts Transportation Code, Chapter 256, Subchapter C, which 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) New §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. b. Proposed Adoption (1) Chapter 2 - Environmental Review of Transportation Projects (MO) Amendments to §§2.1, 2.2, 2.5-2.8, 2.11, 2.12 and 2.14 (General Provisions), §§2.41-2.44, and 2.46 -2.52 (Environmental Review Process for Highway Projects); §§2.81, 2.83-2.86 (Requirements for Classes of Projects); and §§2.131 and 2.134 (Requirements for Specific Projects and Programs); Repeal of §2.82 (Requirements for Classes of Projects); Repeal of §§2.101-2.110 and New §§2.101-2.110 (Public Participation). This proposed rulemaking would permit additional flexibility, add clarity, and further streamline the environmental process. It would also make revisions to support implementation of Senate Bill 466, which was passed by the 83rd Legislature and allows the department to accept delegation of NEPA responsibilities from FHWA; provide consistency with the federal transportation reauthorization bill, MAP-21; and remove references to the department’s regions, among other changes. (2) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) This minute order proposes the adoption of changes to the procedure for protesting purchases resulting from the reorganization of the General Services Division within TxDOT. (3) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.17, Award of Contract (Highway Improvement Contracts) These rules apply a bid preference against an out of state manufacturer that manufactures construction materials in a state that applies a similar preference against Texas manufacturers. In addition, the rules provide for a 5% bidding preference to Texas contractors. This preference will not be applied to a contractor from a bordering state if that state does not give a bidding preference to its own resident contractors.
Item 10 - Professional Services Contracts
Various Counties - Approval to exceed contract term restrictions in 43 TAC §9.32(b)(1) for the procurement of indefinite deliverable contracts for engineering services associated with the planning, development, and implementation of transportation projects throughout the state (MO) The expeditious delivery of projects procured in FY14 will allow additional indefinite deliverable contract capacity across a mix of disciplines and locations. This will enable the department to cover projected requests through the first half of FY15, based on analysis of end-user requests and historical expenditures. To efficiently procure the capacity and allow sufficient time to utilize the capacity, this minute order authorizes indefinite deliverable engineering consultant contracts to be extended from a two year contract duration to a three year contract duration.
Item 8 - Promulgation of Administrative Rules (Part 2 of 2)
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final 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. (2) Chapter 15 - Financing and Construction of Transportation Projects (MO) New §§15.180 - 15.197, New Subchapter O, County Transportation Infrastructure Fund Grant Program Senate Bill 1747 enacts Transportation Code, Chapter 256, Subchapter C, which 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) New §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. b. Proposed Adoption (1) Chapter 2 - Environmental Review of Transportation Projects (MO) Amendments to §§2.1, 2.2, 2.5-2.8, 2.11, 2.12 and 2.14 (General Provisions), §§2.41-2.44, and 2.46 -2.52 (Environmental Review Process for Highway Projects); §§2.81, 2.83-2.86 (Requirements for Classes of Projects); and §§2.131 and 2.134 (Requirements for Specific Projects and Programs); Repeal of §2.82 (Requirements for Classes of Projects); Repeal of §§2.101-2.110 and New §§2.101-2.110 (Public Participation). This proposed rulemaking would permit additional flexibility, add clarity, and further streamline the environmental process. It would also make revisions to support implementation of Senate Bill 466, which was passed by the 83rd Legislature and allows the department to accept delegation of NEPA responsibilities from FHWA; provide consistency with the federal transportation reauthorization bill, MAP-21; and remove references to the department’s regions, among other changes. (2) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) This minute order proposes the adoption of changes to the procedure for protesting purchases resulting from the reorganization of the General Services Division within TxDOT. (3) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.17, Award of Contract (Highway Improvement Contracts) These rules apply a bid preference against an out of state manufacturer that manufactures construction materials in a state that applies a similar preference against Texas manufacturers. In addition, the rules provide for a 5% bidding preference to Texas contractors. This preference will not be applied to a contractor from a bordering state if that state does not give a bidding preference to its own resident contractors.
Item 9 - County Transportation Infrastructure Fund Grant Program
County Transportation Infrastructure Fund Grant Program Authorize the designation of a period of time for counties to submit applications requesting grants under the County Transportation Infrastructure Fund Grant Program for funding transportation infrastructure projects located in areas of the state affected by increased oil and gas production, and prescribe the conditions that will be applicable to the grant award process (MO) The department is required by Senate Bill 1747, 83rd Legislature, Regular Session, 2013, to administer a grant program from a transportation infrastructure fund established by the Legislature to provide funding for transportation infrastructure projects located in areas of the state affected by increased oil and gas production. Rules to implement this legislation may be adopted by the commission on November 21, 2013. If the rules are adopted, this minute order will authorize the first request under the grant program for submission of applications from counties, and designate the period of time for the submission and the estimated total amount of funds available for grants in the designated period.
Item 11 - Office of Compliance and Ethics
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.
Finance a. Mobility Fund Revenue Financing Program - Approve an amendment to extend the liquidity agreement entered into for the “Texas Transportation Commission State of Texas General Obligation Mobility Fund Bonds, Series 2006-B (Multi-Modal Bonds)” (MO) In 2006, the commission entered into a liquidity agreement in support of its $150 million “Texas Transportation Commission State of Texas General Obligation Mobility Fund Bonds, Series 2006-B Bonds.” This liquidity agreement expires December 13, 2013 and the commission and the other parties to the agreement have agreed to extend the term of the agreement for three years to December 13, 2016. The adoption of this minute order would authorize the Chief Financial Officer, on behalf of the commission, to perform all such acts and execute such documents as may be necessary to extend the liquidity agreement and carry out the intent of this minute order and other orders of the commission relating to the Mobility Fund Revenue Financing Program. b. Cameron County - Consider the final approval of a request for additional financial assistance in the form of a second loan to the Cameron County Regional Mobility Authority (CCRMA) to pay certain costs for environmental studies, design, legal services and preliminary development of the second causeway project which consists of a controlled access facility over Laguna Madre connecting SH 100 on the mainland to Park Road 100 on South Padre Island (MO) Preliminary approval has been granted to CCRMA for a loan in the amount of $5.1 million to pay for certain preliminary development costs for the second causeway project. c. Cameron County - Consider the final approval of a request for financial assistance in the form of a loan to the Cameron County Regional Mobility Authority (CCRMA) to pay certain costs for environmental studies, design, legal services and preliminary development of the first phase of the Outer Parkway project consisting of a controlled access facility from I-69 East to FM 106 (General Brant Road) in the vicinity of FM 1847 (MO) Preliminary approval has been granted to CCRMA for a loan in the amount of $5.0 million to pay for certain preliminary development costs for the Outer Parkway project.
Toll Roads Travis and Williamson Counties - Continue in effect temporary toll rate tables on SH 130, Segments 1-4, and SH 45 Southeast to charge the two-axle rate for all vehicles, regardless of classification (MO) This minute order continues in effect a truck discount pilot program and temporary toll rates for Segments 1-4 of SH 130 and SH 45 SE. During the pilot period, all truck toll rates will be the same as passenger car toll rates. The initial $5 million in funds allocated by the commission for the truck toll program under Minute Order 113528 is nearing depletion and must be supplemented for the program to continue. The purpose of the pilot program is to reduce traffic congestion on I-35 by encouraging greater through trips of trucks on Central Texas toll roads.
Contracts 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
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 16 - Routine Minute Orders
Routine Minute Orders 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 (1) Bowie County - FM 989 at FM 559 and FM 2878 in Texarkana - Consider the removal from the system, designation on a new location, re-designation and transfer of surplus right of way to the city (MO) Realignment of a segment of FM 989 at the intersection of FM 559 has been completed, and the district recommends removal of the old alignment and designation of the new segment on system. The district also recommends that a segment of FM 989 be re-designated as FM 2878. The city has requested that the surplus land on the old alignment of FM 989 be transferred to the city. (2) Calhoun County- SH 35, old SH 238 connector road known as Sailboat Drive, in Port Lavaca - Consider the transfer of a surplus right of easement to the city (MO) The district has determined that the connector road between SH 35 and SH 238 is no longer needed for highway purposes. The city has agreed to assume control, jurisdiction and maintenance and has requested that the surplus easement be transferred to the city. The surplus easement will remain in use as a public road, and it may be transferred to the city. (3) Dallas County - SL 12 at SH 183 in Dallas - Consider the quitclaim of surplus right of way to correct an error in the original acquisition (MO) The district has determined that right of way was acquired in error that is not needed for highway purposes. The surplus land may be quitclaimed to the grantor to correct the error. (4) Harris County - East Beltway 8 from 0.013 miles north of Vista Road to 0.247 miles south of Spencer Highway in Pasadena - Consider the acceptance of a donation of land for a highway improvement project (MO) The property being donated to the department is necessary for construction of a right turn lane on BW 8 northbound frontage road. The property being donated is in lieu of payment for the acquisition and is valued at more than $500.(5) Tarrant County - BS 114L in Grapevine - Consider the removal from the system, transfer of control, jurisdiction and maintenance to the city and transfer of surplus right of way to the city (MO) The district has advised that BS 114L now functions as a city street and recommends it be removed from the system. The city has agreed to assume control, jurisdiction and maintenance. The district recommends that the surplus land be transferred to the city. (6) Williamson County - US 183, south of County Road 276 in Leander - 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. c. Highway Redesignation Howard County - Near the city of Big Spring, designate US 87 concurrent with I-20 and along a new location, and redesignate the existing location of US 87 as Business US 87-M (MO) This minute order designates US 87 concurrent with I-20 from the existing intersection of US 87 and I-20 north of Big Spring westward to the intersection of the new location of US 87 west of Big Spring, a distance of approximately 4.3 miles, designates US 87 along a new location from the western terminus of the concurrent location with I-20 southward and eastward to a location near Mitchell Road, a distance of approximately 6.3 miles, and redesignates the existing location of US 87 from I-20 north of Big Spring southward to a location near Mitchell Road as Business US 87-M, a distance of approximately 5.5 miles. d. Transportation Planning (1) Various Counties – Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional projects costs with those payments. The project costs to be funded were selected through a cooperative process with the RTC. (2) Various Counties – Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate and maintain the SH 161 toll project from I-20 to SH 183 in Dallas County (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 161 payments. This minute order authorizes the funding of additional projects costs with those payments. The project costs to be funded were selected through a cooperative process with the RTC. e. 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. Receive comments from area public officials, community and civic leaders, and private citizens. Report by the District.
Approval of Minutes of the October 31, 2013, meeting of the Texas Transportation Commission
Various Speakers
Tyler District Report
Proposition 14 Bonds Eastland County - Approval of an additional project to be funded with the proceeds of State Highway Fund revenue bonds issued under Transportation Code, Section 222.003 (MO) The commission is adding an additional safety project to the list of previously approved projects. Funds are available for this additional project due to lower than estimated bids in other approved projects.
Item 3 - Advisory Committee Appointments
Advisory Committee Appointments Appoint members to the Bicycle Advisory Committee (MO) The Bicycle Advisory Committee advises the commission on bicycle issues and matters. By involving representatives of the public, including bicyclists and other interested parties, the department helps ensure effective communication with the bicycle community, and that the bicyclist's perspective will be considered in the development of departmental policies affecting bicycle use, including the design, construction and maintenance of highways
Discussion Items a. Update on I-20 East Texas Corridor Advisory Committee On August 29, 2013, the commission created the I-20 East Texas Corridor Advisory Committee to assist the department 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. Discussion will include the goals and objectives of the committee, its ongoing activities, and its plans for the future. Discussion Items (continued) b. Rural Transportation Planning Rural highways in Texas serve as the backbone of our transportation system and enable the department to effectively meet its goal of ‘Connecting Texas Communities.’ TxDOT has a number of planning initiatives that have been undertaken, or are underway, that serve to help the department plan for the future role and development of our rural highway system. Discussion will provide an overview of this work and will begin the discussion of the future direction of rural highway planning in the state.
Item 5 - Transportation Planning
Transportation Planning a. Various Counties - Approve revisions to the Tyler Metropolitan Planning Organization metropolitan planning area boundary (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 City of Bullard and the Tyler MPO Policy Board have agreed to include the City of Bullard in the Tyler metropolitan planning area. b. Various Counties - Approve revisions to the Longview Metropolitan Planning Organization metropolitan planning area boundary (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. Upshur County, the City of Gladewater and the Longview MPO Policy Board have agreed to include a portion of Upshur County and the City of Gladewater in the Longview metropolitan planning area.
Item 6 - Regional Mobility Authority
Regional Mobility Authority a. Cass County - Authorize the withdrawal of Cass County from the North East Texas Regional Mobility Authority (MO) The commission authorized the creation of the North East Texas Regional Mobility Authority (NET RMA) in October 2004 and authorized additional counties to join the NET RMA in June 2006 and July 2007. The department has received a petition from Cass County requesting to withdraw from the NET RMA. The Board of Directors of the NET RMA has adopted a resolution approving the withdrawal of Cass County from the NET RMA. b. Various Counties - Consider authorizing Kaufman County to become part of the North East Texas Regional Mobility Authority (MO) The commission authorized the creation of the North East Texas Regional Mobility Authority (NET RMA) in October 2004 and authorized additional counties to join the NET RMA in June 2006 and July 2007 The department has received a petition from Kaufman County requesting to join the NET RMA. The Board of Directors of the NET RMA has adopted a resolution agreeing to the addition of Kaufman County to the NET RMA.
Item 8 - Promulgation of Administrative Rules (Part 1 of 2)
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final 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. (2) Chapter 15 - Financing and Construction of Transportation Projects (MO) New §§15.180 - 15.197, New Subchapter O, County Transportation Infrastructure Fund Grant Program Senate Bill 1747 enacts Transportation Code, Chapter 256, Subchapter C, which 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) New §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. b. Proposed Adoption (1) Chapter 2 - Environmental Review of Transportation Projects (MO) Amendments to §§2.1, 2.2, 2.5-2.8, 2.11, 2.12 and 2.14 (General Provisions), §§2.41-2.44, and 2.46 -2.52 (Environmental Review Process for Highway Projects); §§2.81, 2.83-2.86 (Requirements for Classes of Projects); and §§2.131 and 2.134 (Requirements for Specific Projects and Programs); Repeal of §2.82 (Requirements for Classes of Projects); Repeal of §§2.101-2.110 and New §§2.101-2.110 (Public Participation). This proposed rulemaking would permit additional flexibility, add clarity, and further streamline the environmental process. It would also make revisions to support implementation of Senate Bill 466, which was passed by the 83rd Legislature and allows the department to accept delegation of NEPA responsibilities from FHWA; provide consistency with the federal transportation reauthorization bill, MAP-21; and remove references to the department’s regions, among other changes. (2) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) This minute order proposes the adoption of changes to the procedure for protesting purchases resulting from the reorganization of the General Services Division within TxDOT. (3) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.17, Award of Contract (Highway Improvement Contracts) These rules apply a bid preference against an out of state manufacturer that manufactures construction materials in a state that applies a similar preference against Texas manufacturers. In addition, the rules provide for a 5% bidding preference to Texas contractors. This preference will not be applied to a contractor from a bordering state if that state does not give a bidding preference to its own resident contractors.
Item 10 - Professional Services Contracts
Various Counties - Approval to exceed contract term restrictions in 43 TAC §9.32(b)(1) for the procurement of indefinite deliverable contracts for engineering services associated with the planning, development, and implementation of transportation projects throughout the state (MO) The expeditious delivery of projects procured in FY14 will allow additional indefinite deliverable contract capacity across a mix of disciplines and locations. This will enable the department to cover projected requests through the first half of FY15, based on analysis of end-user requests and historical expenditures. To efficiently procure the capacity and allow sufficient time to utilize the capacity, this minute order authorizes indefinite deliverable engineering consultant contracts to be extended from a two year contract duration to a three year contract duration.
Item 8 - Promulgation of Administrative Rules (Part 2 of 2)
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final 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. (2) Chapter 15 - Financing and Construction of Transportation Projects (MO) New §§15.180 - 15.197, New Subchapter O, County Transportation Infrastructure Fund Grant Program Senate Bill 1747 enacts Transportation Code, Chapter 256, Subchapter C, which 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) New §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. b. Proposed Adoption (1) Chapter 2 - Environmental Review of Transportation Projects (MO) Amendments to §§2.1, 2.2, 2.5-2.8, 2.11, 2.12 and 2.14 (General Provisions), §§2.41-2.44, and 2.46 -2.52 (Environmental Review Process for Highway Projects); §§2.81, 2.83-2.86 (Requirements for Classes of Projects); and §§2.131 and 2.134 (Requirements for Specific Projects and Programs); Repeal of §2.82 (Requirements for Classes of Projects); Repeal of §§2.101-2.110 and New §§2.101-2.110 (Public Participation). This proposed rulemaking would permit additional flexibility, add clarity, and further streamline the environmental process. It would also make revisions to support implementation of Senate Bill 466, which was passed by the 83rd Legislature and allows the department to accept delegation of NEPA responsibilities from FHWA; provide consistency with the federal transportation reauthorization bill, MAP-21; and remove references to the department’s regions, among other changes. (2) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) This minute order proposes the adoption of changes to the procedure for protesting purchases resulting from the reorganization of the General Services Division within TxDOT. (3) Chapter 9 - Construction and Grant Management (MO) Amendments to §9.17, Award of Contract (Highway Improvement Contracts) These rules apply a bid preference against an out of state manufacturer that manufactures construction materials in a state that applies a similar preference against Texas manufacturers. In addition, the rules provide for a 5% bidding preference to Texas contractors. This preference will not be applied to a contractor from a bordering state if that state does not give a bidding preference to its own resident contractors.
Item 9 - County Transportation Infrastructure Fund Grant Program
County Transportation Infrastructure Fund Grant Program Authorize the designation of a period of time for counties to submit applications requesting grants under the County Transportation Infrastructure Fund Grant Program for funding transportation infrastructure projects located in areas of the state affected by increased oil and gas production, and prescribe the conditions that will be applicable to the grant award process (MO) The department is required by Senate Bill 1747, 83rd Legislature, Regular Session, 2013, to administer a grant program from a transportation infrastructure fund established by the Legislature to provide funding for transportation infrastructure projects located in areas of the state affected by increased oil and gas production. Rules to implement this legislation may be adopted by the commission on November 21, 2013. If the rules are adopted, this minute order will authorize the first request under the grant program for submission of applications from counties, and designate the period of time for the submission and the estimated total amount of funds available for grants in the designated period.
Item 11 - Office of Compliance and Ethics
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.
Finance a. Mobility Fund Revenue Financing Program - Approve an amendment to extend the liquidity agreement entered into for the “Texas Transportation Commission State of Texas General Obligation Mobility Fund Bonds, Series 2006-B (Multi-Modal Bonds)” (MO) In 2006, the commission entered into a liquidity agreement in support of its $150 million “Texas Transportation Commission State of Texas General Obligation Mobility Fund Bonds, Series 2006-B Bonds.” This liquidity agreement expires December 13, 2013 and the commission and the other parties to the agreement have agreed to extend the term of the agreement for three years to December 13, 2016. The adoption of this minute order would authorize the Chief Financial Officer, on behalf of the commission, to perform all such acts and execute such documents as may be necessary to extend the liquidity agreement and carry out the intent of this minute order and other orders of the commission relating to the Mobility Fund Revenue Financing Program. b. Cameron County - Consider the final approval of a request for additional financial assistance in the form of a second loan to the Cameron County Regional Mobility Authority (CCRMA) to pay certain costs for environmental studies, design, legal services and preliminary development of the second causeway project which consists of a controlled access facility over Laguna Madre connecting SH 100 on the mainland to Park Road 100 on South Padre Island (MO) Preliminary approval has been granted to CCRMA for a loan in the amount of $5.1 million to pay for certain preliminary development costs for the second causeway project. c. Cameron County - Consider the final approval of a request for financial assistance in the form of a loan to the Cameron County Regional Mobility Authority (CCRMA) to pay certain costs for environmental studies, design, legal services and preliminary development of the first phase of the Outer Parkway project consisting of a controlled access facility from I-69 East to FM 106 (General Brant Road) in the vicinity of FM 1847 (MO) Preliminary approval has been granted to CCRMA for a loan in the amount of $5.0 million to pay for certain preliminary development costs for the Outer Parkway project.
Toll Roads Travis and Williamson Counties - Continue in effect temporary toll rate tables on SH 130, Segments 1-4, and SH 45 Southeast to charge the two-axle rate for all vehicles, regardless of classification (MO) This minute order continues in effect a truck discount pilot program and temporary toll rates for Segments 1-4 of SH 130 and SH 45 SE. During the pilot period, all truck toll rates will be the same as passenger car toll rates. The initial $5 million in funds allocated by the commission for the truck toll program under Minute Order 113528 is nearing depletion and must be supplemented for the program to continue. The purpose of the pilot program is to reduce traffic congestion on I-35 by encouraging greater through trips of trucks on Central Texas toll roads.
Contracts 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
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 16 - Routine Minute Orders
Routine Minute Orders 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 (1) Bowie County - FM 989 at FM 559 and FM 2878 in Texarkana - Consider the removal from the system, designation on a new location, re-designation and transfer of surplus right of way to the city (MO) Realignment of a segment of FM 989 at the intersection of FM 559 has been completed, and the district recommends removal of the old alignment and designation of the new segment on system. The district also recommends that a segment of FM 989 be re-designated as FM 2878. The city has requested that the surplus land on the old alignment of FM 989 be transferred to the city. (2) Calhoun County- SH 35, old SH 238 connector road known as Sailboat Drive, in Port Lavaca - Consider the transfer of a surplus right of easement to the city (MO) The district has determined that the connector road between SH 35 and SH 238 is no longer needed for highway purposes. The city has agreed to assume control, jurisdiction and maintenance and has requested that the surplus easement be transferred to the city. The surplus easement will remain in use as a public road, and it may be transferred to the city. (3) Dallas County - SL 12 at SH 183 in Dallas - Consider the quitclaim of surplus right of way to correct an error in the original acquisition (MO) The district has determined that right of way was acquired in error that is not needed for highway purposes. The surplus land may be quitclaimed to the grantor to correct the error. (4) Harris County - East Beltway 8 from 0.013 miles north of Vista Road to 0.247 miles south of Spencer Highway in Pasadena - Consider the acceptance of a donation of land for a highway improvement project (MO) The property being donated to the department is necessary for construction of a right turn lane on BW 8 northbound frontage road. The property being donated is in lieu of payment for the acquisition and is valued at more than $500.(5) Tarrant County - BS 114L in Grapevine - Consider the removal from the system, transfer of control, jurisdiction and maintenance to the city and transfer of surplus right of way to the city (MO) The district has advised that BS 114L now functions as a city street and recommends it be removed from the system. The city has agreed to assume control, jurisdiction and maintenance. The district recommends that the surplus land be transferred to the city. (6) Williamson County - US 183, south of County Road 276 in Leander - 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. c. Highway Redesignation Howard County - Near the city of Big Spring, designate US 87 concurrent with I-20 and along a new location, and redesignate the existing location of US 87 as Business US 87-M (MO) This minute order designates US 87 concurrent with I-20 from the existing intersection of US 87 and I-20 north of Big Spring westward to the intersection of the new location of US 87 west of Big Spring, a distance of approximately 4.3 miles, designates US 87 along a new location from the western terminus of the concurrent location with I-20 southward and eastward to a location near Mitchell Road, a distance of approximately 6.3 miles, and redesignates the existing location of US 87 from I-20 north of Big Spring southward to a location near Mitchell Road as Business US 87-M, a distance of approximately 5.5 miles. d. Transportation Planning (1) Various Counties – Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional projects costs with those payments. The project costs to be funded were selected through a cooperative process with the RTC. (2) Various Counties – Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate and maintain the SH 161 toll project from I-20 to SH 183 in Dallas County (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 161 payments. This minute order authorizes the funding of additional projects costs with those payments. The project costs to be funded were selected through a cooperative process with the RTC. e. 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