Staff will provide general safety instruction.
Receive comments from and recognition of area public officials, community and civic leaders, and private citizens. Presentation and discussion of projects.
Approval of Minutes of the October 30, 2014 regular meeting of the Texas Transportation Commission
Green Ribbon Landscape Improvement Program Recognition Commissioner Moseley will present an award honoring State Representative Garnet Coleman in recognition of his legislative vision which led to the establishment of TxDOT’s Green Ribbon Landscape Improvement Program (Green Ribbon Program). The Green Ribbon Program helps mitigate the effects of air pollution in non-attainment and near non-attainment counties by planting and establishing indigenous trees and plants on the state highway system.
Discussion Items a. Proposition 1 Funds Status Update (Presentation) Staff will provide an update on a request for Proposition 1 funds for FY ’15 and options for programming. b. I-35 Corridor Status Update (Presentation) Staff will provide an update on the construction status of I-35 through Central Texas and the proposed acceleration of construction activities, including projections of construction milestone goals. Technological advances to manage traffic flow through the corridor and communication strategies with the traveling public will be highlighted. c. I-27 Corridor Extension Study (Presentation) Staff will discuss the proposed study that will investigate the possible extension of I-27 to the north of Amarillo and to the south of Lubbock.
Reports a. Accept the 2015-2016 Port Capital Program submitted by the Port Authority Advisory Committee (Report) The Port Authority Advisory Committee consists of seven members representing the maritime port industry in Texas. The committee's advice and recommendations provide the commission and the department with a broad perspective regarding ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system. State law requires the committee to prepare a two-year Port Capital Program defining the goals and objectives of the committee concerning the development of maritime port facilities and an intermodal transportation system. This program must be updated every two years and submitted to the governor, lieutenant governor, speaker of the house of representatives, and the commission. b. Approve the Gulf Intracoastal Waterway Report (MO) (Report) The Gulf Intracoastal Waterway (GIWW) is an important component of the Texas multimodal transportation system. The department is the non-federal sponsor of the GIWW and works closely with the U.S. Army Corps of Engineers on the GIWW and other Texas waterways issues. State law requires the commission to continually evaluate the impact of the GIWW on the state and to publish and present a report to each regular session of the legislature. c. Grand Parkway Association Report - Annual report on the status of projects and activities undertaken during the preceding 12 months (Report) The department's administrative rules require transportation corporations to appear annually before the commission to report on the status of projects. The Grand Parkway Association is making its annual presentation to satisfy this requirement.
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.
Bowie County - Award transportation development credits to the Texarkana Urban Transit District (MO) This minute order awards transportation development credits to the Texarkana Urban Transit District for use as local match for capital projects.
Item 8 Promulgation of Administrative Rules
Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Proposed Adoption (1) Chapter 4 - Employee Practices (MO) Amendments to §4.31, Definitions, §4.33, Prohibited Conduct, §4.36, Testing, §4.37, Test Results, §4.39, Refusal to Test, §4.41, Voluntary Admissions, §4.43, Employees Who Drive for the Department, and §4.44, Commercial Drivers, Safety-Sensitive Employees, and Vessel Crewmembers (Substance Abuse Program) Proposed changes to the Substance Abuse Program Rules include random drug and alcohol testing for safety-impact employees, expanded criteria for reasonable-cause testing for all department employees, increased time requirement for termination for a second alcohol- or drug-related driving offense, and drug testing for all commercial driver, safety-impact and vessel crewmember job transfers or promotions resulting from a job requisition.
Item 9 Office of Compliance, Ethics, and Investigations
Office of Compliance, Ethics, and Investigations Report State law requires the commission to establish a compliance program, which must include a compliance office to oversee the program. The compliance office is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The compliance office is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations.
Item 10 Unified Transportation Program
Approve updates to the 2015 Unified Transportation Program (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2015 UTP in August. This minute order updates funding allocations based on revised federal funding levels in fiscal year 2015 and authorizes funding on priority projects. In addition, this minute order addresses revisions to project specific program lists and includes other minor revisions or technical corrections. This minute order also includes a report on transportation development credit balances and all administrative revisions previously incorporated into the UTP, which include applied carry-over amounts from fiscal year 2014 and the reconciliation of category 5 (Congestion Mitigation and Air Quality Improvement) and category 7 (Metropolitan Mobility and Rehabilitation).
Item 11A Transportation Planning
a. Nueces County - Designate a segment of the state highway system as I-69E, concurrent with US 77 from existing I-69E terminus in Robstown to south of FM 892 (MO) (Map) The commission will consider the designation of a segment of the state highway system as I-69E, concurrent with US 77 from the existing I-69E terminus in Robstown to south of FM 892, a total distance of approximately 1.6 miles. The American Association of State Highway and Transportation Officials, and the Federal Highway Administration have approved the designation of this segment.
Item 11B Transportation Planning
Hidalgo County - Designate a segment of the state highway system as I-69C, concurrent with US 281 from the junction of FM 490 to the existing I-69C terminus in Edinburg (MO) (Map) The commission will consider the designation of a segment of the state highway system as I-69C, concurrent with US 281 from the junction of FM 490 to the existing I-69C terminus in Edinburg, a total distance of approximately 4.5 miles. The American Association of State Highway and Transportation Officials, and the Federal Highway Administration have approved the designation of this segment.
Central Texas Turnpike System Revenue Bonds Approve the Amended and Restated Seventh Supplemental Indenture authorizing the issuance of one or more series of Central Texas Turnpike System (CTTS) Revenue Refunding Bonds to refund all or any portion of the outstanding bonds, including the Transportation Infrastructure Finance and Innovation Act (TIFIA) bond; approve the official statement, bond purchase contract, escrow agreement and other documents relating to any issuance of refunding bonds; authorize the chief financial officer and other designated department representatives to take all actions necessary to effectuate any refunding and deliver one or more series of CTTS Revenue Refunding Bonds; and approve an application to the Texas Bond Review Board, if necessary, for exemption or approval to issue such refunding bonds (MO)
Texas Mobility Fund Travis and Williamson Counties - Capital Metropolitan Transportation Authority - Grant approval of a request from Capital Metropolitan Transportation Authority (Capital Metro) for a grant in the amount of $50 million for capital costs relating to the design and construction of a rail station facility in the City of Austin and the acquisition of rail transit vehicles to be placed in service by Capital Metro in its greater Austin service area, with funding from the Texas Mobility Fund established pursuant to Section 49-k, Article III, Texas Constitution (MO) This minute order will provide funds for an award to Capital Metro for state participation in the costs of design and construction of a rail station facility in Austin, Texas, and the acquisition of rail transit vehicles.
Item 13 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 professional services associated with the planning, development, and implementation of transportation projects throughout the state (MO)
Highway Maintenance and Department Building Construction (see attached itemized list) (MO)
Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Item 15 Eminent Domain Proceedings
Various Counties - Authorize the filing of condemnation proceedings to acquire real property by eminent domain for non-controlled and controlled access highways (see attached itemized 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 and Reports
a. Donations to the Department Various Districts - Consider the acknowledgment 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. Real Estate Dispositions and Donations (continued) (7) Rockwall County - I-30, southwest corner at FM 740 - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land and it may be sold to the abutting landowner. (8) Wheeler County - I-40, northeast corner at US 83 in Shamrock - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land and it may be sold to the abutting landowner. c. Reports (1) Various Counties - Report on the status of projects for which the department has been authorized to enter into a comprehensive development agreement by the 83rd Legislature (Report) Transportation Code, §223.201(k) and Transportation Code, §223.2011(c) require the department or the responsible regional mobility authority, as applicable, to, not later than December 1, 2014, provide a report to the commission on the status of projects for which a comprehensive development agreement may be entered into under those sections. The report shall include the status of the project’s environmental clearance, an explanation of any project delays, and if the procurement is not completed, the anticipated date for the completion of the procurement. (2) Report of Environmental Review of Projects - Accept public hearing report for the Trinity Parkway Project (Report) Per Transportation Code §201.811(b) and 43 TAC §2.107(e)(2), this report lists the number of positive, negative, and neutral public comments received at a public hearing held for an Environmental Impact Statement (EIS) on the Trinity Parkway Project (CSJ 0918-45-121). d. Highway Designations Cameron County - In the city of Los Indios, extend the designation of FM 509 from its present southern terminus eastward along Rio Grande Avenue to a proposed Border Safety Inspection Facility (MO) This minute order extends the designation of FM 509 in the city of Los Indios from its present southern terminus eastward along Rio Grande Avenue to a proposed Border Safety Inspection Facility, a distance of approximately 0.4 miles. e. Designation of Access Control (1) Bexar County - US 281 at S. Terminal Drive - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 100-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. e. Designation of Access Control (continued) (2) Harris County - US 290, approximately 425 feet east of Huffmeister Road to approximately 2300 feet east of Huffmeister Road - Consider the designation of three locations on the highway at which access will be permitted to the abutting property (MO) The designation of a 60-foot break, a 55-foot break, and a 46-foot break in the control-of-access line will allow the abutting landowner to open three driveway locations for access to and from the eastbound frontage road. The district has determined that access may be permitted at the designated locations. f. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state. Some of these speed limits were altered using the emergency rules procedures established by new §25.28 Traffic and Engineering Investigation Requirements for Reducing Speeds on Certain Types of Roadways.
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.
Staff will provide general safety instruction.
Receive comments from and recognition of area public officials, community and civic leaders, and private citizens. Presentation and discussion of projects.
Approval of Minutes of the October 30, 2014 regular meeting of the Texas Transportation Commission
Green Ribbon Landscape Improvement Program Recognition Commissioner Moseley will present an award honoring State Representative Garnet Coleman in recognition of his legislative vision which led to the establishment of TxDOT’s Green Ribbon Landscape Improvement Program (Green Ribbon Program). The Green Ribbon Program helps mitigate the effects of air pollution in non-attainment and near non-attainment counties by planting and establishing indigenous trees and plants on the state highway system.
Discussion Items a. Proposition 1 Funds Status Update (Presentation) Staff will provide an update on a request for Proposition 1 funds for FY ’15 and options for programming. b. I-35 Corridor Status Update (Presentation) Staff will provide an update on the construction status of I-35 through Central Texas and the proposed acceleration of construction activities, including projections of construction milestone goals. Technological advances to manage traffic flow through the corridor and communication strategies with the traveling public will be highlighted. c. I-27 Corridor Extension Study (Presentation) Staff will discuss the proposed study that will investigate the possible extension of I-27 to the north of Amarillo and to the south of Lubbock.
Reports a. Accept the 2015-2016 Port Capital Program submitted by the Port Authority Advisory Committee (Report) The Port Authority Advisory Committee consists of seven members representing the maritime port industry in Texas. The committee's advice and recommendations provide the commission and the department with a broad perspective regarding ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system. State law requires the committee to prepare a two-year Port Capital Program defining the goals and objectives of the committee concerning the development of maritime port facilities and an intermodal transportation system. This program must be updated every two years and submitted to the governor, lieutenant governor, speaker of the house of representatives, and the commission. b. Approve the Gulf Intracoastal Waterway Report (MO) (Report) The Gulf Intracoastal Waterway (GIWW) is an important component of the Texas multimodal transportation system. The department is the non-federal sponsor of the GIWW and works closely with the U.S. Army Corps of Engineers on the GIWW and other Texas waterways issues. State law requires the commission to continually evaluate the impact of the GIWW on the state and to publish and present a report to each regular session of the legislature. c. Grand Parkway Association Report - Annual report on the status of projects and activities undertaken during the preceding 12 months (Report) The department's administrative rules require transportation corporations to appear annually before the commission to report on the status of projects. The Grand Parkway Association is making its annual presentation to satisfy this requirement.
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.
Bowie County - Award transportation development credits to the Texarkana Urban Transit District (MO) This minute order awards transportation development credits to the Texarkana Urban Transit District for use as local match for capital projects.
Item 8 Promulgation of Administrative Rules
Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Proposed Adoption (1) Chapter 4 - Employee Practices (MO) Amendments to §4.31, Definitions, §4.33, Prohibited Conduct, §4.36, Testing, §4.37, Test Results, §4.39, Refusal to Test, §4.41, Voluntary Admissions, §4.43, Employees Who Drive for the Department, and §4.44, Commercial Drivers, Safety-Sensitive Employees, and Vessel Crewmembers (Substance Abuse Program) Proposed changes to the Substance Abuse Program Rules include random drug and alcohol testing for safety-impact employees, expanded criteria for reasonable-cause testing for all department employees, increased time requirement for termination for a second alcohol- or drug-related driving offense, and drug testing for all commercial driver, safety-impact and vessel crewmember job transfers or promotions resulting from a job requisition.
Item 9 Office of Compliance, Ethics, and Investigations
Office of Compliance, Ethics, and Investigations Report State law requires the commission to establish a compliance program, which must include a compliance office to oversee the program. The compliance office is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The compliance office is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations.
Item 10 Unified Transportation Program
Approve updates to the 2015 Unified Transportation Program (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2015 UTP in August. This minute order updates funding allocations based on revised federal funding levels in fiscal year 2015 and authorizes funding on priority projects. In addition, this minute order addresses revisions to project specific program lists and includes other minor revisions or technical corrections. This minute order also includes a report on transportation development credit balances and all administrative revisions previously incorporated into the UTP, which include applied carry-over amounts from fiscal year 2014 and the reconciliation of category 5 (Congestion Mitigation and Air Quality Improvement) and category 7 (Metropolitan Mobility and Rehabilitation).
Item 11A Transportation Planning
a. Nueces County - Designate a segment of the state highway system as I-69E, concurrent with US 77 from existing I-69E terminus in Robstown to south of FM 892 (MO) (Map) The commission will consider the designation of a segment of the state highway system as I-69E, concurrent with US 77 from the existing I-69E terminus in Robstown to south of FM 892, a total distance of approximately 1.6 miles. The American Association of State Highway and Transportation Officials, and the Federal Highway Administration have approved the designation of this segment.
Item 11B Transportation Planning
Hidalgo County - Designate a segment of the state highway system as I-69C, concurrent with US 281 from the junction of FM 490 to the existing I-69C terminus in Edinburg (MO) (Map) The commission will consider the designation of a segment of the state highway system as I-69C, concurrent with US 281 from the junction of FM 490 to the existing I-69C terminus in Edinburg, a total distance of approximately 4.5 miles. The American Association of State Highway and Transportation Officials, and the Federal Highway Administration have approved the designation of this segment.
Central Texas Turnpike System Revenue Bonds Approve the Amended and Restated Seventh Supplemental Indenture authorizing the issuance of one or more series of Central Texas Turnpike System (CTTS) Revenue Refunding Bonds to refund all or any portion of the outstanding bonds, including the Transportation Infrastructure Finance and Innovation Act (TIFIA) bond; approve the official statement, bond purchase contract, escrow agreement and other documents relating to any issuance of refunding bonds; authorize the chief financial officer and other designated department representatives to take all actions necessary to effectuate any refunding and deliver one or more series of CTTS Revenue Refunding Bonds; and approve an application to the Texas Bond Review Board, if necessary, for exemption or approval to issue such refunding bonds (MO)
Texas Mobility Fund Travis and Williamson Counties - Capital Metropolitan Transportation Authority - Grant approval of a request from Capital Metropolitan Transportation Authority (Capital Metro) for a grant in the amount of $50 million for capital costs relating to the design and construction of a rail station facility in the City of Austin and the acquisition of rail transit vehicles to be placed in service by Capital Metro in its greater Austin service area, with funding from the Texas Mobility Fund established pursuant to Section 49-k, Article III, Texas Constitution (MO) This minute order will provide funds for an award to Capital Metro for state participation in the costs of design and construction of a rail station facility in Austin, Texas, and the acquisition of rail transit vehicles.
Item 13 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 professional services associated with the planning, development, and implementation of transportation projects throughout the state (MO)
Highway Maintenance and Department Building Construction (see attached itemized list) (MO)
Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
Item 15 Eminent Domain Proceedings
Various Counties - Authorize the filing of condemnation proceedings to acquire real property by eminent domain for non-controlled and controlled access highways (see attached itemized 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 and Reports
a. Donations to the Department Various Districts - Consider the acknowledgment 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. Real Estate Dispositions and Donations (continued) (7) Rockwall County - I-30, southwest corner at FM 740 - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land and it may be sold to the abutting landowner. (8) Wheeler County - I-40, northeast corner at US 83 in Shamrock - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land and it may be sold to the abutting landowner. c. Reports (1) Various Counties - Report on the status of projects for which the department has been authorized to enter into a comprehensive development agreement by the 83rd Legislature (Report) Transportation Code, §223.201(k) and Transportation Code, §223.2011(c) require the department or the responsible regional mobility authority, as applicable, to, not later than December 1, 2014, provide a report to the commission on the status of projects for which a comprehensive development agreement may be entered into under those sections. The report shall include the status of the project’s environmental clearance, an explanation of any project delays, and if the procurement is not completed, the anticipated date for the completion of the procurement. (2) Report of Environmental Review of Projects - Accept public hearing report for the Trinity Parkway Project (Report) Per Transportation Code §201.811(b) and 43 TAC §2.107(e)(2), this report lists the number of positive, negative, and neutral public comments received at a public hearing held for an Environmental Impact Statement (EIS) on the Trinity Parkway Project (CSJ 0918-45-121). d. Highway Designations Cameron County - In the city of Los Indios, extend the designation of FM 509 from its present southern terminus eastward along Rio Grande Avenue to a proposed Border Safety Inspection Facility (MO) This minute order extends the designation of FM 509 in the city of Los Indios from its present southern terminus eastward along Rio Grande Avenue to a proposed Border Safety Inspection Facility, a distance of approximately 0.4 miles. e. Designation of Access Control (1) Bexar County - US 281 at S. Terminal Drive - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of a 100-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. e. Designation of Access Control (continued) (2) Harris County - US 290, approximately 425 feet east of Huffmeister Road to approximately 2300 feet east of Huffmeister Road - Consider the designation of three locations on the highway at which access will be permitted to the abutting property (MO) The designation of a 60-foot break, a 55-foot break, and a 46-foot break in the control-of-access line will allow the abutting landowner to open three driveway locations for access to and from the eastbound frontage road. The district has determined that access may be permitted at the designated locations. f. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state. Some of these speed limits were altered using the emergency rules procedures established by new §25.28 Traffic and Engineering Investigation Requirements for Reducing Speeds on Certain Types of Roadways.
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.