9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Commissioner Opening Statements
Commissioner Opening Statements
Approval of Minutes of the March 31, 2016, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Robert H. "Bob" Ratcliff, P.E., Atlanta District Engineer, for almost 37 years of service to the department
Strategic Plan Update and discussion regarding the draft 2017-2021 Texas Department of Transportation's Strategic Plan (Presentation) As required by law, department staff has developed the 2017-2021 Strategic Plan. Staff will discuss the draft text of the primary components of that plan and obtain feedback and guidance for the development of the final version.
Unified Transportation Program 2016 Unified Transportation Program (UTP) May Updates (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2016 UTP in August. Staff will provide an overview of the proposed May updates to the program.
Advisory Committee Appointment Appoint new member to the I-69 Corridor Advisory Committee (MO) The commission created the I-69 Corridor Advisory Committee (committee) in March 2008. The purpose of the 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-69 corridor and in the establishment of development plans for that corridor. This minute order appoints a new member to the committee that will fill a current vacancy.
Transportation Planning Bell and Coryell Counties - Authorize the submission of an application to the American Association of State Highway and Transportation Officials to establish a 25-mile segment of US 190 as I-14 (MO) In accordance with the procedures established by the Federal Highway Administration and American Association of State Highway and Transportation Officials (AASHTO), this minute order authorizes the department to petition AASHTO to include a segment of US 190 from the US 190/Business 190 junction in Copperas Cove to I-35 in Belton, Texas as part of the Interstate Highway System as I-14.
Public Transportation Various Counties - Award federal §5311 Formula Grants for Rural Areas Program funds for FY 2016 (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5311 Formula Grants for Rural Areas Program to rural public transportation providers.
Proposed Adoption (1) Chapter 1 - Management Amendments to §1.4, Public Access to Commission Meetings, §1.5, Public Hearings (Public Meetings and Hearings), and §1.11, Petition (Procedure for Adoption of Rules) (MO) The rules correct errors and omissions in the rules that were identified in the department’s rule review process by clarifying to whom requests for disability accommodations for a commission meeting or hearing should be made and who may request the adoption of a rule. The rules extend the period of prior notice for a request for disability accommodations, so that appropriate arrangements can be made. The rules also correct the list of reasons for which the commission may hold a hearing to correspond to a statutory change. (2) Chapter 10 - Ethical Conduct by Entities Doing Business with the Department Amendments to §10.5, Benefit (General Provisions) (MO) The proposed amendments remove the exception allowing entities doing business with the department to provide an ordinary working meal to a member of the commission or to a department employee. (3) Chapter 9 - Contract and Grant Management Amendments to §9.150, Purpose, §9.151, Definitions, §9.152, General Rules for Design-Build Contracts, §9.153, Solicitation of Proposals, and §9.155, Conflict of Interest and Ethics Policies (Design-Build Contracts) (MO) These amendments modify §§9.150-9.153 to implement changes made to Subchapter F of Chapter 223, Transportation Code by House Bill 20, 84th Legislature, 2015. Additionally, proposed amendments to §9.155 relating to Conflict of Interest and Ethics Policies for Design-Build Contracts will align the rules in Section 9.155 concerning gifts and benefits with current department practices. (4) Chapter 27 - Toll Projects Amendments to §27.8, Conflict of Interest and Ethics Policy (Comprehensive Development Agreements), §27.91, Definitions, and §27.92, Financial Terms (Determination of Terms for Certain Toll Projects) (MO) These amendments modify §27.8 relating to Conflict of Interest and Ethics Policies for Comprehensive Development Agreements to align the rules in §27.8 concerning gifts and benefits with current department practices. Additionally, proposed amendments to §27.91 and §27.92 relating to Toll Projects will align those rules with the department’s existing contracting authority.
Rule Review In accordance with Government Code, §2001.039, Readoption of Title 43 Texas Administrative Code Chapter 1, Management; Chapter 5, Finance; Chapter 11, Design; Chapter 15, Financing and Construction of Transportation Projects; Chapter 21, Right of Way; and Chapter 27, Toll Projects (MO) State law requires a state agency to review each of its rules not later than every four years. After the review, the agency must readopt the rule, readopt the rule with amendments, or repeal the rule. The department reviews its rules on a rotating basis.
Design Build Contract Dallas County - Authorize the department to issue a request for qualifications to design, develop, construct, and potentially maintain the Southern Gateway Project, including improvements to I-35E from south of the I-35E/US 67 interchange to Colorado Boulevard, with transition work extending north to Reunion Boulevard and improvements to US 67 from the I-35E/US 67 interchange to I-20 in Dallas County (MO) (Presentation)
Finance Accept the Quarterly Investment Report (MO)
Highway Maintenance and Department Building Construction (see attached itemized list) (MO)
Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
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)
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 Donations Various Districts - Consider for acknowledgement of the acquisition by gift/donation of required right of way accepted by the department for purposes of constructing, maintaining, widening, straightening, or extending the state highway system. (See attached itemized list) (MO) The property being donated to the department is necessary for the improvement of the state highway system. The real property to be donated is valued at more than $500. c. Real Estate Dispositions The commission must approve the sales, transfers, and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept and acknowledge donations to the state of real property that is valued at $500 or more. (1) Atascosa County - SH 97 southwest of Pleasanton - Consider the release of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes. (2) Bexar County - I-37, southeast corner at SL 13 in San Antonio - Consider the sale of access rights to the abutting landowner (MO) The owner of property abutting the east side of I-37 has requested a break in the control-of-access line for a driveway location on their west property line. The district has determined that access may be allowed to and from the highway facility at the requested location, and the access rights may be sold to the abutting landowner. (3) Bexar County - SL 1604 east of Lockhill-Selma Road in San Antonio -Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes. The owner of the property has requested to purchase the easement, and it may be sold to the owner. (4) Dallas County - I-20, east of Lake Ridge Parkway in Grand Prairie -Consider the sale of access rights to the abutting landowner (MO) The owner of property abutting the south side of I-20 has requested a break in the control-of-access line for a driveway location on their north property line. The district has determined that access may be allowed to and from the highway facility at the requested location, and the access rights may be sold to the abutting landowner. (5) Dallas County - SH 78 at Naaman School Road in Garland - Consider the quitclaim of land quitclaimed to the state in error (MO) The district has determined that land intended to be conveyed to a private party was conveyed to the state in error. The land is not needed for a highway purpose and may be quitclaimed to the intended grantee to correct the error. (6) Hays County - FM 2439, from RM 12 to Dixon Street in San Marcos -Consider the transfer of right of way and drainage easements to the City of San Marcos (MO) The City of San Marcos (city) has assumed control, jurisdiction, and maintenance. The district and city have agreed that the real property (right of way and easements) should be transferred to the city. The real property may be transferred to the city to remain in use for public road purposes. (7) Hays County - RM 12, old alignment of RM 12 at SH 80 in San Marcos -Consider the transfer of real property to the City of San Marcos (MO) The City of San Marcos (city) has assumed control, jurisdiction, and maintenance. The district and city have agreed that the real property should be transferred to the city. The real property may be transferred to the city to remain in use for public road purposes. (8) Tarrant County - I-20 at Lubbock Avenue in Fort Worth - 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 owner. (9) Tarrant County - SH 121, east of North Richland Hills city limit in Hurst - Consider the transfer of right of way to the City of Hurst (MO) The district has determined that the land is no longer needed for highway purposes. The city has requested the land to be transferred to the city. Future maintenance costs exceed the value of the property, and the land may be transferred to the city. d. Finance (1) Obligation Limit Report Quarterly status report on the FY 2016 Obligation Limit, the actual obligations utilized through the current month, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts (Report) This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2016 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (2) Quarterly report on FY 2016 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. e. Reports (1) Compliance Office Compliance Office 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. (2) Travis and Williamson Counties - Accept the report of Actual Traffic and Revenue for the Central Texas Turnpike System (CTTS) (MO) Report of actual traffic and revenue for the CTTS as of February 29, 2016. f. Local Government Projects (1) Hidalgo County - Approve the transfer of Border Colonias Access Program funds from previously selected colonia projects to other eligible colonia projects (MO) The Border Colonias Access Program rules allow a county to use unexpended funds from a project on any other commission-selected county colonia project. Hidalgo County (county) has requested approval to transfer a portion of the funds previously awarded to the county to other eligible colonia projects and to use available funds to cover excess costs on certain projects. (2) Starr County - Approve the transfer of Border Colonias Access Program funds from previously selected colonia projects to other eligible colonia projects (MO) The Border Colonias Access Program rules allow a county to use unexpended funds from a project on any other commission-selected county colonia project. Starr County (county) has requested approval to transfer the remaining portion of the funds previously awarded to the county to other eligible colonia projects. g. Designation of Access Control Collin County - SH 121, Between Alma Road and Stacy Road in McKinney -Rescind Minute Order 114552 dated March 31, 2016, and consider the designation of one location on the southbound frontage road at which access will be permitted to the abutting property (MO) The designation of one 31-foot break in the control-of-access line will allow the abutting landowner to open one 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. h. 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
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.
Executive Session Pursuant to Government Code, Chapter 551 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. b. Section 551.074 - Discuss the evaluation and duties of the executive director. ADJOURN
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Commissioner Opening Statements
Commissioner Opening Statements
Approval of Minutes of the March 31, 2016, regular meeting of the Texas Transportation Commission
Acknowledgment of Service Recognize by resolution Robert H. "Bob" Ratcliff, P.E., Atlanta District Engineer, for almost 37 years of service to the department
Strategic Plan Update and discussion regarding the draft 2017-2021 Texas Department of Transportation's Strategic Plan (Presentation) As required by law, department staff has developed the 2017-2021 Strategic Plan. Staff will discuss the draft text of the primary components of that plan and obtain feedback and guidance for the development of the final version.
Unified Transportation Program 2016 Unified Transportation Program (UTP) May Updates (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2016 UTP in August. Staff will provide an overview of the proposed May updates to the program.
Advisory Committee Appointment Appoint new member to the I-69 Corridor Advisory Committee (MO) The commission created the I-69 Corridor Advisory Committee (committee) in March 2008. The purpose of the 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-69 corridor and in the establishment of development plans for that corridor. This minute order appoints a new member to the committee that will fill a current vacancy.
Transportation Planning Bell and Coryell Counties - Authorize the submission of an application to the American Association of State Highway and Transportation Officials to establish a 25-mile segment of US 190 as I-14 (MO) In accordance with the procedures established by the Federal Highway Administration and American Association of State Highway and Transportation Officials (AASHTO), this minute order authorizes the department to petition AASHTO to include a segment of US 190 from the US 190/Business 190 junction in Copperas Cove to I-35 in Belton, Texas as part of the Interstate Highway System as I-14.
Public Transportation Various Counties - Award federal §5311 Formula Grants for Rural Areas Program funds for FY 2016 (MO) The awards identified in this minute order reflect the allocation of federal grant funds from the Federal Transit Administration §5311 Formula Grants for Rural Areas Program to rural public transportation providers.
Proposed Adoption (1) Chapter 1 - Management Amendments to §1.4, Public Access to Commission Meetings, §1.5, Public Hearings (Public Meetings and Hearings), and §1.11, Petition (Procedure for Adoption of Rules) (MO) The rules correct errors and omissions in the rules that were identified in the department’s rule review process by clarifying to whom requests for disability accommodations for a commission meeting or hearing should be made and who may request the adoption of a rule. The rules extend the period of prior notice for a request for disability accommodations, so that appropriate arrangements can be made. The rules also correct the list of reasons for which the commission may hold a hearing to correspond to a statutory change. (2) Chapter 10 - Ethical Conduct by Entities Doing Business with the Department Amendments to §10.5, Benefit (General Provisions) (MO) The proposed amendments remove the exception allowing entities doing business with the department to provide an ordinary working meal to a member of the commission or to a department employee. (3) Chapter 9 - Contract and Grant Management Amendments to §9.150, Purpose, §9.151, Definitions, §9.152, General Rules for Design-Build Contracts, §9.153, Solicitation of Proposals, and §9.155, Conflict of Interest and Ethics Policies (Design-Build Contracts) (MO) These amendments modify §§9.150-9.153 to implement changes made to Subchapter F of Chapter 223, Transportation Code by House Bill 20, 84th Legislature, 2015. Additionally, proposed amendments to §9.155 relating to Conflict of Interest and Ethics Policies for Design-Build Contracts will align the rules in Section 9.155 concerning gifts and benefits with current department practices. (4) Chapter 27 - Toll Projects Amendments to §27.8, Conflict of Interest and Ethics Policy (Comprehensive Development Agreements), §27.91, Definitions, and §27.92, Financial Terms (Determination of Terms for Certain Toll Projects) (MO) These amendments modify §27.8 relating to Conflict of Interest and Ethics Policies for Comprehensive Development Agreements to align the rules in §27.8 concerning gifts and benefits with current department practices. Additionally, proposed amendments to §27.91 and §27.92 relating to Toll Projects will align those rules with the department’s existing contracting authority.
Rule Review In accordance with Government Code, §2001.039, Readoption of Title 43 Texas Administrative Code Chapter 1, Management; Chapter 5, Finance; Chapter 11, Design; Chapter 15, Financing and Construction of Transportation Projects; Chapter 21, Right of Way; and Chapter 27, Toll Projects (MO) State law requires a state agency to review each of its rules not later than every four years. After the review, the agency must readopt the rule, readopt the rule with amendments, or repeal the rule. The department reviews its rules on a rotating basis.
Design Build Contract Dallas County - Authorize the department to issue a request for qualifications to design, develop, construct, and potentially maintain the Southern Gateway Project, including improvements to I-35E from south of the I-35E/US 67 interchange to Colorado Boulevard, with transition work extending north to Reunion Boulevard and improvements to US 67 from the I-35E/US 67 interchange to I-20 in Dallas County (MO) (Presentation)
Finance Accept the Quarterly Investment Report (MO)
Highway Maintenance and Department Building Construction (see attached itemized list) (MO)
Highway and Transportation Enhancement Building Construction (see attached itemized list) (MO)
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)
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 Donations Various Districts - Consider for acknowledgement of the acquisition by gift/donation of required right of way accepted by the department for purposes of constructing, maintaining, widening, straightening, or extending the state highway system. (See attached itemized list) (MO) The property being donated to the department is necessary for the improvement of the state highway system. The real property to be donated is valued at more than $500. c. Real Estate Dispositions The commission must approve the sales, transfers, and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept and acknowledge donations to the state of real property that is valued at $500 or more. (1) Atascosa County - SH 97 southwest of Pleasanton - Consider the release of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes. (2) Bexar County - I-37, southeast corner at SL 13 in San Antonio - Consider the sale of access rights to the abutting landowner (MO) The owner of property abutting the east side of I-37 has requested a break in the control-of-access line for a driveway location on their west property line. The district has determined that access may be allowed to and from the highway facility at the requested location, and the access rights may be sold to the abutting landowner. (3) Bexar County - SL 1604 east of Lockhill-Selma Road in San Antonio -Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes. The owner of the property has requested to purchase the easement, and it may be sold to the owner. (4) Dallas County - I-20, east of Lake Ridge Parkway in Grand Prairie -Consider the sale of access rights to the abutting landowner (MO) The owner of property abutting the south side of I-20 has requested a break in the control-of-access line for a driveway location on their north property line. The district has determined that access may be allowed to and from the highway facility at the requested location, and the access rights may be sold to the abutting landowner. (5) Dallas County - SH 78 at Naaman School Road in Garland - Consider the quitclaim of land quitclaimed to the state in error (MO) The district has determined that land intended to be conveyed to a private party was conveyed to the state in error. The land is not needed for a highway purpose and may be quitclaimed to the intended grantee to correct the error. (6) Hays County - FM 2439, from RM 12 to Dixon Street in San Marcos -Consider the transfer of right of way and drainage easements to the City of San Marcos (MO) The City of San Marcos (city) has assumed control, jurisdiction, and maintenance. The district and city have agreed that the real property (right of way and easements) should be transferred to the city. The real property may be transferred to the city to remain in use for public road purposes. (7) Hays County - RM 12, old alignment of RM 12 at SH 80 in San Marcos -Consider the transfer of real property to the City of San Marcos (MO) The City of San Marcos (city) has assumed control, jurisdiction, and maintenance. The district and city have agreed that the real property should be transferred to the city. The real property may be transferred to the city to remain in use for public road purposes. (8) Tarrant County - I-20 at Lubbock Avenue in Fort Worth - 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 owner. (9) Tarrant County - SH 121, east of North Richland Hills city limit in Hurst - Consider the transfer of right of way to the City of Hurst (MO) The district has determined that the land is no longer needed for highway purposes. The city has requested the land to be transferred to the city. Future maintenance costs exceed the value of the property, and the land may be transferred to the city. d. Finance (1) Obligation Limit Report Quarterly status report on the FY 2016 Obligation Limit, the actual obligations utilized through the current month, proposed remaining highway maintenance and construction contract letting for the fiscal year and an update on motor fuel tax receipts (Report) This report will provide the current overall obligation status, by district and metropolitan planning organization, of the FY 2016 Obligation Limit and will also provide the anticipated effect on the obligation limit of remaining proposed highway maintenance and construction letting. The report will also provide an update on motor fuel tax receipts, including estimated versus actual receipts fiscal year to date, and any potential impact on letting volume. (2) Quarterly report on FY 2016 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. e. Reports (1) Compliance Office Compliance Office 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. (2) Travis and Williamson Counties - Accept the report of Actual Traffic and Revenue for the Central Texas Turnpike System (CTTS) (MO) Report of actual traffic and revenue for the CTTS as of February 29, 2016. f. Local Government Projects (1) Hidalgo County - Approve the transfer of Border Colonias Access Program funds from previously selected colonia projects to other eligible colonia projects (MO) The Border Colonias Access Program rules allow a county to use unexpended funds from a project on any other commission-selected county colonia project. Hidalgo County (county) has requested approval to transfer a portion of the funds previously awarded to the county to other eligible colonia projects and to use available funds to cover excess costs on certain projects. (2) Starr County - Approve the transfer of Border Colonias Access Program funds from previously selected colonia projects to other eligible colonia projects (MO) The Border Colonias Access Program rules allow a county to use unexpended funds from a project on any other commission-selected county colonia project. Starr County (county) has requested approval to transfer the remaining portion of the funds previously awarded to the county to other eligible colonia projects. g. Designation of Access Control Collin County - SH 121, Between Alma Road and Stacy Road in McKinney -Rescind Minute Order 114552 dated March 31, 2016, and consider the designation of one location on the southbound frontage road at which access will be permitted to the abutting property (MO) The designation of one 31-foot break in the control-of-access line will allow the abutting landowner to open one 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. h. 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
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.
Executive Session Pursuant to Government Code, Chapter 551 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. b. Section 551.074 - Discuss the evaluation and duties of the executive director. ADJOURN