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 April 28, 2016, regular meeting of the Texas Transportation Commission
State Infrastructure Bank Hidalgo County - Hidalgo County Regional Mobility Authority - Consider final approval of an application from the Hidalgo County Regional Mobility Authority for a State Infrastructure Bank loan in the amount of up to $42,210,000 to pay for costs of constructing toll road improvements comprising Segments 1 and 2 of the SH 365 project, and non-toll highway improvements (Border Safety Inspection Facility Connector) comprising part of Segment 3 of the SH 365 project (MO) The SH 365 project includes three segments of construction of both toll and non-toll improvements. Segments 1 and 2 include the construction of toll road improvements from FM 396 (Anzalduas Highway) to US 281 (Military Highway). Segment 3, which constitutes US 281 and the Border Safety Inspection Facility (BSIF) Connector, includes the construction of non-toll highway improvements to US 281 (Military Highway) from 0.45 mile east of Spur 600 (Cage Blvd.) to FM 2557 (Stewart Rd.), and construction of non-toll highway improvements called the BSIF Connector from Spur 29 (S. Veterans Drive) to US 281 (Military Highway) below the San Juan Road overpass.
Unified Transportation Program Approve updates to the 2016 Unified Transportation Program (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2016 UTP in August and revisions to the 2016 UTP in November 2015 and February 2016. This minute order 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 all administrative revisions previously incorporated into the UTP.
Traffic Operations Bexar County - Designate High Occupancy Vehicle (HOV) lanes on US 281 from LP 1604 to Bexar/Comal County line and on the expansion of I-10 from La Cantera to FM 3351 (MO) The department in conjunction with the Alamo Area Metropolitan Planning Organization (AAMPO) has conducted the necessary traffic studies required under 43 TAC §25.42 to designate a High Occupancy Vehicle (HOV) lane. The HOV lanes are also included in AAMPO’s congestion mitigation plans and with their Transportation Improvement Program and Metropolitan Transportation Plan. This Minute Order designates the lanes as HOV lanes and authorizes the executive director to enter into an agreement with VIA Metropolitan Transit for the operation and maintenance of the designated lanes.
Discussion Item Energy Sector Program (Presentation) Staff will discuss a potential Energy Sector Program in active drilling areas of the state to strengthen major corridor pavement structures and enhance safety.
Advisory Committee Appointments Appoint members to the Port Authority Advisory Committee (MO) Created by state law, the purpose of the Port Authority Advisory Committee is to offer advice and recommendations that will provide the commission and the department with a broad perspective regarding maritime ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system.
Strategic Plan Adopt 2017-2021 Strategic Plan for submission to the Legislative Budget Board and Governor's Office (MO) (Presentation) The department’s 2017-2021 Strategic Plan provides the mission, goals, objectives, action plan strategies, budget structure, budgetary performance measures, and key planning contextual information that will direct the department over the next five years. In addition to these core components, the plan includes all of the supplemental components required by the Legislative Budget Board and the Governor’s Office, such as the HUB plan, capital improvement plan, workforce plan, survey of employee engagement report, customer service report, identification of redundancies and impediments, and assessment of advisory committees. Upon commission approval, department staff will finalize the plan package according to the instructions provided by the Legislative Budget Board and the Governor's Office for official submission of the plan to those entities by the June 24, 2016 deadline.
Aviation Various Counties - Award federal 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. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks approval of the awards.
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 Amendments to §1.29, Notice of Hearing, §1.37, Notification of Decision, and §1.38, Motions for Rehearing (Procedures in Contested Case) (MO) These amendments implement changes made by S.B. No. 1267, 84th Regular Session, 2015, to the Texas Administrative Procedure Act relating to the requirements for notice of a contested case hearing, the decision in a contested case, and motion for rehearing of the decision in a contested case. (2) Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.52, Agreements (Federal, State, and Local Participation) (MO) These amendments change wording in the rule to be consistent with the wording in federal regulations and wording used within associated federal programs, make a technical correction to a citation within the rules, and provide that for the specified percentage payment and periodic payment methods used in joint participation agreements, the local government, rather than the department, is responsible for payment of costs that exceed the estimated funding costs.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: b. Proposed Adoption Chapter 27 - Toll Projects Amendments to §27.83, Contracts to Operate Department Toll Projects, New §27.84, No-Cost Contracts for Services to Support the Operation of Department Toll Projects, and New §27.85, Service Charge for Payment Transactions (Operation of Department Toll Projects) (MO) The department has determined that opportunities exist for private entities to provide certain services in support of toll operations at no cost to the department. The proposed amendments to §27.83, which describes the process for a best value procurement, clarify that the requirements of that section do not apply to no-cost contracts. New §27.84 addresses the process by which the department will provide public notice of these opportunities and enter into agreements for the specified services. New §27.85 sets the maximum amount of the service charge that may be collected from a customer for a payment transaction conducted at a location other than a department office, and describes the circumstances under which the service charge may be assessed.
Annual Highway Safety Plan Approve funding for the 2017 Highway Safety Plan (MO) (Presentation) The department develops and implements an annual Highway Safety Plan (HSP). Federal funds are allocated by the National Highway Traffic Safety Administration and are used for traffic safety projects identified in the HSP. The HSP groups anticipated projects into focus-oriented program areas. This minute order lists the number of projects in each program area and the allocated amounts for FY 2017.
Motion for Rehearing Cameron County - Texas Department of Transportation v. Whalen's Furniture, Inc. - Consider action on motion for rehearing of final order (MO) Whalen’s Furniture, Inc. filed a motion for rehearing on a final order cancelling Outdoor Advertising Permit No. 44760 located on State Highway 83 in Cameron County near Harlingen, Texas.
Toll Operations Dallas County - In accordance with Regional Transportation Council policy, establish toll rates for the I-635 East Express Lanes Project, from east of US 75 to I-30 (MO) The I-635 East Express Lanes Project includes one express lane in either direction along I-635 from east of US 75 to north of I-30. The I-635 East Express Lanes Project is an all-electronic, open road tolling express lane facility.
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) 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.
Finance Request for Approval - Approve the department’s request to the Governor and the Legislative Budget Board for the department to temporarily exceed the limitations on employment levels set in the General Appropriations Act (MO) The General Appropriations Act requires a state agency to obtain the written approval of the Governor and Legislative Budget Board for certain expenditures when the agency exceeds specified employment levels. By this minute order the commission approves the department’s request for that approval for the third and fourth quarters of the state’s fiscal year.
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) Sherman County - SH 15 south of US 54 in Stratford - Consider the removal of the old alignment from the system, designation on a new location, and transfer of control, jurisdiction, and maintenance to the City of Stratford (city); also consider the transfer of state-owned land and quitclaim of no-title land to the city (MO) The highway has been realigned, and the city has agreed to assume control, jurisdiction, and maintenance of the old alignment of SH 15. The district and city have agreed that the right of way on the old alignment should be transferred and quitclaimed to the city. The land acquired in the state’s name may be transferred to the city without cost to remain in use for public road purposes, and the no-title land may be quitclaimed to the city. (2) Victoria County - SL 463, southeast corner at US 87 in Victoria - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land. Another abutting landowner has waived interest in purchasing the land, and it may be sold to the requester. (3) Webb County - I-35 between Hidalgo Street and Washington Street in Laredo - Consider the transfer of right of way to the City of Laredo (city) (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. 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 annual Inspection Report for the Central Texas Turnpike System (MO) The General Engineering Consultant's annual Inspection Report relates to the 2002 Project of the CTTS, a toll project composed of the SH 130, SH 45N, Loop 1, and SH 45SE project elements, and is required under the CTTS bond indenture. This report is required following each inspection and on or before the 90th day prior to the end of each fiscal year. e. Highway Designation Hardeman County - Northwest of the city of Quanah, extend the designation of FM 680 (MO) This minute order extends the designation of FM 680 from Watson Road northward to the Texas-Oklahoma State line, a distance of approximately 2.7 miles. f. Designation of Access Control Cooke County - I-35, South of US 82 in Gainesville - Consider the designation of two locations on the northbound frontage road at which access will be permitted to the abutting property (MO) The designation of one 55-foot break in the control-of-access line and one 60-foot break in the control-of-access line will allow the abutting landowner to open two proposed driveway locations for access, with the northern driveway permitting access to and from the northbound frontage road and the southern driveway permitting access from the northbound frontage road. The district has determined that access may be permitted at the designated locations. g. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
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 April 28, 2016, regular meeting of the Texas Transportation Commission
State Infrastructure Bank Hidalgo County - Hidalgo County Regional Mobility Authority - Consider final approval of an application from the Hidalgo County Regional Mobility Authority for a State Infrastructure Bank loan in the amount of up to $42,210,000 to pay for costs of constructing toll road improvements comprising Segments 1 and 2 of the SH 365 project, and non-toll highway improvements (Border Safety Inspection Facility Connector) comprising part of Segment 3 of the SH 365 project (MO) The SH 365 project includes three segments of construction of both toll and non-toll improvements. Segments 1 and 2 include the construction of toll road improvements from FM 396 (Anzalduas Highway) to US 281 (Military Highway). Segment 3, which constitutes US 281 and the Border Safety Inspection Facility (BSIF) Connector, includes the construction of non-toll highway improvements to US 281 (Military Highway) from 0.45 mile east of Spur 600 (Cage Blvd.) to FM 2557 (Stewart Rd.), and construction of non-toll highway improvements called the BSIF Connector from Spur 29 (S. Veterans Drive) to US 281 (Military Highway) below the San Juan Road overpass.
Unified Transportation Program Approve updates to the 2016 Unified Transportation Program (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2016 UTP in August and revisions to the 2016 UTP in November 2015 and February 2016. This minute order 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 all administrative revisions previously incorporated into the UTP.
Traffic Operations Bexar County - Designate High Occupancy Vehicle (HOV) lanes on US 281 from LP 1604 to Bexar/Comal County line and on the expansion of I-10 from La Cantera to FM 3351 (MO) The department in conjunction with the Alamo Area Metropolitan Planning Organization (AAMPO) has conducted the necessary traffic studies required under 43 TAC §25.42 to designate a High Occupancy Vehicle (HOV) lane. The HOV lanes are also included in AAMPO’s congestion mitigation plans and with their Transportation Improvement Program and Metropolitan Transportation Plan. This Minute Order designates the lanes as HOV lanes and authorizes the executive director to enter into an agreement with VIA Metropolitan Transit for the operation and maintenance of the designated lanes.
Discussion Item Energy Sector Program (Presentation) Staff will discuss a potential Energy Sector Program in active drilling areas of the state to strengthen major corridor pavement structures and enhance safety.
Advisory Committee Appointments Appoint members to the Port Authority Advisory Committee (MO) Created by state law, the purpose of the Port Authority Advisory Committee is to offer advice and recommendations that will provide the commission and the department with a broad perspective regarding maritime ports and transportation-related matters to be considered in formulating department policies concerning the Texas maritime port system.
Strategic Plan Adopt 2017-2021 Strategic Plan for submission to the Legislative Budget Board and Governor's Office (MO) (Presentation) The department’s 2017-2021 Strategic Plan provides the mission, goals, objectives, action plan strategies, budget structure, budgetary performance measures, and key planning contextual information that will direct the department over the next five years. In addition to these core components, the plan includes all of the supplemental components required by the Legislative Budget Board and the Governor’s Office, such as the HUB plan, capital improvement plan, workforce plan, survey of employee engagement report, customer service report, identification of redundancies and impediments, and assessment of advisory committees. Upon commission approval, department staff will finalize the plan package according to the instructions provided by the Legislative Budget Board and the Governor's Office for official submission of the plan to those entities by the June 24, 2016 deadline.
Aviation Various Counties - Award federal 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. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks approval of the awards.
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 Amendments to §1.29, Notice of Hearing, §1.37, Notification of Decision, and §1.38, Motions for Rehearing (Procedures in Contested Case) (MO) These amendments implement changes made by S.B. No. 1267, 84th Regular Session, 2015, to the Texas Administrative Procedure Act relating to the requirements for notice of a contested case hearing, the decision in a contested case, and motion for rehearing of the decision in a contested case. (2) Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.52, Agreements (Federal, State, and Local Participation) (MO) These amendments change wording in the rule to be consistent with the wording in federal regulations and wording used within associated federal programs, make a technical correction to a citation within the rules, and provide that for the specified percentage payment and periodic payment methods used in joint participation agreements, the local government, rather than the department, is responsible for payment of costs that exceed the estimated funding costs.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: b. Proposed Adoption Chapter 27 - Toll Projects Amendments to §27.83, Contracts to Operate Department Toll Projects, New §27.84, No-Cost Contracts for Services to Support the Operation of Department Toll Projects, and New §27.85, Service Charge for Payment Transactions (Operation of Department Toll Projects) (MO) The department has determined that opportunities exist for private entities to provide certain services in support of toll operations at no cost to the department. The proposed amendments to §27.83, which describes the process for a best value procurement, clarify that the requirements of that section do not apply to no-cost contracts. New §27.84 addresses the process by which the department will provide public notice of these opportunities and enter into agreements for the specified services. New §27.85 sets the maximum amount of the service charge that may be collected from a customer for a payment transaction conducted at a location other than a department office, and describes the circumstances under which the service charge may be assessed.
Annual Highway Safety Plan Approve funding for the 2017 Highway Safety Plan (MO) (Presentation) The department develops and implements an annual Highway Safety Plan (HSP). Federal funds are allocated by the National Highway Traffic Safety Administration and are used for traffic safety projects identified in the HSP. The HSP groups anticipated projects into focus-oriented program areas. This minute order lists the number of projects in each program area and the allocated amounts for FY 2017.
Motion for Rehearing Cameron County - Texas Department of Transportation v. Whalen's Furniture, Inc. - Consider action on motion for rehearing of final order (MO) Whalen’s Furniture, Inc. filed a motion for rehearing on a final order cancelling Outdoor Advertising Permit No. 44760 located on State Highway 83 in Cameron County near Harlingen, Texas.
Toll Operations Dallas County - In accordance with Regional Transportation Council policy, establish toll rates for the I-635 East Express Lanes Project, from east of US 75 to I-30 (MO) The I-635 East Express Lanes Project includes one express lane in either direction along I-635 from east of US 75 to north of I-30. The I-635 East Express Lanes Project is an all-electronic, open road tolling express lane facility.
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) 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.
Finance Request for Approval - Approve the department’s request to the Governor and the Legislative Budget Board for the department to temporarily exceed the limitations on employment levels set in the General Appropriations Act (MO) The General Appropriations Act requires a state agency to obtain the written approval of the Governor and Legislative Budget Board for certain expenditures when the agency exceeds specified employment levels. By this minute order the commission approves the department’s request for that approval for the third and fourth quarters of the state’s fiscal year.
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) Sherman County - SH 15 south of US 54 in Stratford - Consider the removal of the old alignment from the system, designation on a new location, and transfer of control, jurisdiction, and maintenance to the City of Stratford (city); also consider the transfer of state-owned land and quitclaim of no-title land to the city (MO) The highway has been realigned, and the city has agreed to assume control, jurisdiction, and maintenance of the old alignment of SH 15. The district and city have agreed that the right of way on the old alignment should be transferred and quitclaimed to the city. The land acquired in the state’s name may be transferred to the city without cost to remain in use for public road purposes, and the no-title land may be quitclaimed to the city. (2) Victoria County - SL 463, southeast corner at US 87 in Victoria - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land. Another abutting landowner has waived interest in purchasing the land, and it may be sold to the requester. (3) Webb County - I-35 between Hidalgo Street and Washington Street in Laredo - Consider the transfer of right of way to the City of Laredo (city) (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. 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 annual Inspection Report for the Central Texas Turnpike System (MO) The General Engineering Consultant's annual Inspection Report relates to the 2002 Project of the CTTS, a toll project composed of the SH 130, SH 45N, Loop 1, and SH 45SE project elements, and is required under the CTTS bond indenture. This report is required following each inspection and on or before the 90th day prior to the end of each fiscal year. e. Highway Designation Hardeman County - Northwest of the city of Quanah, extend the designation of FM 680 (MO) This minute order extends the designation of FM 680 from Watson Road northward to the Texas-Oklahoma State line, a distance of approximately 2.7 miles. f. Designation of Access Control Cooke County - I-35, South of US 82 in Gainesville - Consider the designation of two locations on the northbound frontage road at which access will be permitted to the abutting property (MO) The designation of one 55-foot break in the control-of-access line and one 60-foot break in the control-of-access line will allow the abutting landowner to open two proposed driveway locations for access, with the northern driveway permitting access to and from the northbound frontage road and the southern driveway permitting access from the northbound frontage road. The district has determined that access may be permitted at the designated locations. g. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
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