9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider the approval of the Minutes of the July 26, 2017, workshop meeting and the July 27, 2017, regular meeting of the Texas Transportation Commission
Acknowledgment of Service a. Recognize by resolution Glenn Hagler, Procurement Division Director, for 36 years of service to the department b. Recognize by resolution Dennis R. Cooley, P.E., Tyler District Engineer, for 35 years of service to the department
Financial Management Consider adoption of the Fiscal Year 2018 Budget (MO) This minute order adopts the department’s annual budget as prescribed by the General Appropriations Act.
Memorandum of Understanding Consider authorizing the department to enter into a development agreement and memorandum of understanding with the United States Department of Transportation, the Arizona Department of Transportation, the California Department of Transportation, and the New Mexico Department of Transportation related to the development of the Interstate 10 Corridor (MO) This minute order authorizes the executive director of the department to enter into agreements with the United States Department of Transportation and the departments of transportation of New Mexico, Arizona, and California related to the development of the Interstate 10 Corridor. The primary objectives of the partnership are to encourage states to leverage public and private resources by utilizing evolving technology to develop innovative national and regional approaches to reduce congestion, increase freight system reliability, and enhance the quality of life for U.S. citizens.
Unified Transportation Program (UTP) Consider the approval of the 2018 UTP (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2018 UTP for fiscal years 2018-2027 as well as the PSP for the 2018 UTP.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal non-primary entitlement grant funding to preserve and improve the state's general aviation system.
Various Counties - Consider the award of federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal state apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects.
Various Counties - Consider the award of federal discretionary grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal discretionary grant funding to preserve and improve the state's general aviation system.
Various Counties - Consider the approval of the Routine Airport Maintenance Program (MO) State law authorizes the award of state funding for routine airport maintenance projects.
Various Counties - Consider the approval of the Aviation Capital Improvement Program (MO) (Presentation) The Texas Department of Transportation is required to prepare and update annually a multi-year aviation facilities capital improvement program.
Advisory Committee Appointments a. Border Trade Advisory Committee Consider the appointment of members to the Border Trade Advisory Committee (MO) (Presentation) This minute order appoints members to the Border Trade Advisory Committee. The purpose of the committee, created in 2001 by the 77th Legislature, is to define and develop a strategy and make recommendations to the commission and the governor, to address the highest priority border trade transportation challenges. b. Bicycle Advisory Committee Consider the appointment of members to the Bicycle Advisory Committee (MO) (Presentation) The Bicycle Advisory Committee advises the commission on bicycle issues and matters of mutual concern between the department and the bicycling community. By involving representatives of the public, including bicyclists and other interested parties, the department helps ensure effective communication with the bicycle community, and that the bicyclist's perspective will be considered in the development of departmental policies affecting bicycle use, including the design, construction, and maintenance of highways. This minute order appoints members to the Border Trade Advisory Committee. The purpose of the committee, created in 2001 by the 77th Legislature, is to define and develop a strategy and make recommendations to the commission and the governor, to address the highest priority border trade transportation challenges.
Public Transportation Various Counties - Consider the award of FY 2018 state funds, federal §5304 Statewide and Nonmetropolitan Transportation Planning Program funds and state matching funds, federal §5310 Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program funds, federal §5311 Formula Grants for Rural Areas Program funds, and transportation development credits to various entities (MO) The awards identified in this minute order reflect the allocation of state grant funds from state FY 2018 appropriations to urban and rural public transportation providers, federal §5304 funds and state matching funds to select planning agencies, federal §5310 funds and transportation development credits (TDC) to various public transportation providers, federal §5311 funds and TDC to rural public transportation providers for a formula allocation based on vehicle revenue miles, and §5311 funds to rural transit agencies to address impacts of the 2010 Census beyond the formula-based awards awarded by the commission. TDC are awarded to various agencies to assist with the match of federal funds.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 31 - Public Transportation Repeal of §31.17, Section 5316 Grant Program and §31.18, Section 5317 Grant Program (Federal Programs); and Amendments to §31.3, Definitions (General); §31.11, Formula Program (State Programs); §31.30, Section 5339 Grant Program, §31.31, Section 5310 Grant Program, and §31.36, Section 5311 Grant Program (Federal Programs); §31.42, Standard Federal Requirements, §31.43, Contract Requirements, §31.44, Procurement Requirements, §31.45, Accounting and Financial Recordkeeping Requirements, §31.47, Audit and Project Close-Out Standards, and §31.48, Project Oversight (Program Administration); §31.50, Recordkeeping and Inventory Requirements, and §31.57, Disposition (Property Management Standards) (MO) The proposed amendments address the impact of changes in House Bill 1140, 85th Legislature, Regular Session, and appropriations, revise funding allocation formulas, address the impacts of revised federal program guidance, remove obsolete text, and update references to current authorizing statutes. These revised rules will impact urban and rural areas of the state.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 21 - Right of Way Repeal of §§21.146-21.149, 21.151, 21.165, 21.189, 21.194, 21.196; Amendments §§21.141-21.145, 21.150, 21.152- 21.156, 21.158-21.164, 21.166- 21.182, 21.184-21.188, 21.190-21.193, 21.195, 21.197-21.204; New §§21.189, 21.205 and 21.206 (Subchapter I, Regulation of Signs along Interstate and Primary Highways, Division 1, Signs) and Repeal of §§21.251-21.260 (Subchapter I, Regulation of Signs along Interstate and Primary Highways, Division 2, Electronic Signs) (MO) These changes amend the department’s Highway Beautification Program to implement Senate Bill 2006 and Senate Bill 312, 85th Legislature, Regular Session, which made substantive changes to the classifications of signs that are regulated under the program and increased the maximum height for certain signs in existence on March 1, 2017. The amendments also make various changes including the clarification of existing procedures, streamlining the application and renewal processes, and removing land owner notifications.
Promulgation of Administrative Rules (continued) Proposed Adoption (continued) Chapter 10 - Ethical Conduct by Entities Doing Business with the Department Amendments to §10.6 (Conflict of Interest) (MO) In accordance with Senate Bill 533, 85th Legislature, Regular Session, the revolving door laws have been revised. Amendments to §10.6 revise the definition of conflict of interest for entities who hire former department employees who participated on behalf of the department in a procurement or contract negotiation involving their new employer. The proposed amendments also revise the definition of conflict of interest in Chapter 10 to align with the definition of conflict of interest used in other chapters of the department’s rules.
Purchase Order Amendment Consider the approval of a change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the provision of managed outsourced information technology services for the department (MO) Government Code, Section 2155.088, requires that the governing body of a state agency, at a meeting, consider a material change to the contract for goods or services awarded under Government Code, Chapter 2155, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
State Infrastructure Bank El Paso County - El Paso County - Consider final approval of a request from El Paso County for a State Infrastructure Bank loan in the amount of up to $4,920,000 to pay a portion of the costs of constructing a highway improvement project along Interstate Highway 10 between Airway Boulevard and Viscount Boulevard in the City of El Paso (MO) The SIB loan will be secured by a pledge of ad valorem taxes, excluding maintenance and operations advalorem taxes. The loan will be used to pay for the county’s participation in a highway improvement project to construct improvements over approximately 2.3 miles of the Interstate Highway 10 corridor between Airway Boulevard and Viscount Boulevard in the City of El Paso, including ramp reconfigurations and frontage road improvements.
Texas Private Activity Bond Surface Transportation Corporation Consider the appointment of directors to the Texas Private Activity Bond Surface Transportation Corporation (MO) The commission is required to appoint three directors who are employees of the department to serve six year terms on the corporation’s board. The commission previously appointed three directors to the corporation’s board for terms that are set to expire on August 31, 2017.
Toll Operations Dallas and Tarrant Counties - In accordance with Regional Transportation Council policy, consider the establishment of toll rates for SH 183 from just east of SH 121 to near I-35E/Trinity Parkway (including the proposed Diamond Interchange Phase II, a portion of which is comprised of SH 114 from Loop 12 to SH 183), Loop 12 from SH 183 to I-35E, and SH 114 from International Parkway to Loop 12 (SH 183 Managed Lanes Project) in Dallas and Tarrant Counties (MO) The SH 183 Managed Lanes Project includes concurrent flow managed tolled lanes on SH 183 from just east of SH 121 to near I-35E/Trinity Parkway (including the proposed Diamond Interchange Phase II, a portion of which is comprised of SH 114 from Loop 12 to SH 183), Loop 12 from SH 183 to I-35E and SH 114 from International Parkway to Loop 12 in Dallas and Tarrant Counties. The SH 183 Managed Lanes Project is an all-electronic, open road tolling managed lane facility.
Various Counties - Consider the approval of additional programs and projects, specifically the implementation of the veterans discount program on the Central Texas Turnpike System (CTTS), to be funded with payments received from SH 130 Concession Company, LLC under the SH 130, Segments 5&6 Facility Concession Agreement for the right to develop, finance, design, construct, operate, and maintain the SH 130 toll project from US 183 in Travis County to I-10 in Guadalupe County, and interest earned on those payments (SH 130 payments), and the allocation of funds from the SH 130 payments to that program and project (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 130 payments. This minute order authorizes additional programs and projects to be funded with those payments.
Audit Plan Consider the approval of the Audit Plan for Fiscal Year 2018 and determine whether adequate resources have been dedicated to the internal audit program (MO) (Presentation) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The audit plan must be approved by the commission. In addition, the commission must review the resources dedicated to the internal audit program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe.
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings. These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. Construction of Highways and Other Transportation Facilities (see attached itemized list) (MO)
Highway Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Eminent Domain Proceedings Various Counties - Consider the authorization of 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.
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) b. 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) Bexar County - FM 2252 at Thousand Oaks Drive in San Antonio - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for a state highway purpose. The abutting landowner has requested to purchase the land, and it may be sold to the abutting landowner. (2) Bexar County - I-37 at Pearl Parkway in San Antonio - Consider the transfer of right of way to the City of San Antonio (MO) The district has determined that the land is no longer needed for a state highway purpose. The City of San Antonio (city) will assume control, jurisdiction, and maintenance and has requested the land to be transferred to the city for use as part of a local street. The land may be transferred to the city with the provision that it reverts to the state if it ceases to be used for public road purposes. (3) Denton County - 1666 Oak Ridge Drive in Corinth - Consider the quitclaim of land quitclaimed to the state in error (MO) 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. (4) El Paso County - I-10, northwest corner at Eastlake in El Paso - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for a state highway purpose. The abutting landowner has requested to purchase the land, and it may be sold to the abutting landowner. (5) Hidalgo County - US 281, south side, west of Relampago - Consider the sale of a roadside park to abutting landowners (MO) The district has determined that the land is no longer needed for a state highway purpose. The owners of one property abutting the land have requested to purchase the land. Owners of another abutting property have waived interest in the land, and it may be sold to the requesters. (6) Tarrant County - FM 731 (Roberts Road) in Crowley - Consider the transfer of right of way to the City of Crowley (MO) The district has determined that the land is no longer for a state highway purpose. The City of Crowley (city) has agreed to assume control, jurisdiction and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes. (7) Tarrant County - I-35W northwest corner at Heritage Trace Parkway 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 a state highway purpose. The abutting landowner has requested to purchase the land, and it may be sold to the abutting landowner. (8) Travis County - SL 360, northeast corner at Ben White/S. Lamar in Austin - Consider the sale of right of way to the successful bidder (MO) The district has determined that the land is no longer needed for highway purposes. The local governmental entities and abutting landowners declined to purchase the land, and it was advertised for sale by sealed bid. An acceptable bid was received, and the land may be sold to the successful bidder. c. Reports Compliance Division report State law requires the commission to establish a compliance program, which must include a Compliance Division to oversee the program. The Compliance Division 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 Division is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. d. Finance (1) Dallas and Denton Counties - Consider the approval of the I-35E Managed Lanes Project annual budget of operating, maintenance, and capital expenditures, and acceptance of the annual inspection report (MO) This minute order approves the annual budget of operating, maintenance, and capital expenditures for the I-35E Managed Lanes Project in Dallas and Denton counties. The department financed a portion of the costs of the I-35E Project with a TIFIA loan. The trust agreement for the loan stipulates that the commission will adopt an annual budget by the business day preceding the first day of each fiscal year. In addition, the trust agreement requires that the General Engineering Consultant perform an annual inspection on or before the 90th day prior to the end of each fiscal year and to submit an inspection report to the commission. (2) Travis and Williamson Counties - Approval of the Central Texas Turnpike System (CTTS) annual operating, maintenance, and capital budgets (MO) This minute order approves the annual operating, maintenance, and capital budgets for the CTTS which consists of SH 130 Segments 1-4, SH 45N, SH 45SE, and Loop 1 extension. Some costs of the CTTS were financed with debt obligations. The Indenture of Trust stipulates that the commission will adopt annual budgets by August 31 of the preceding fiscal year. (3) Annual review and approval of the investment policy and investment strategies applicable to all funds not otherwise required to be invested by the comptroller (MO) This minute order approves the department’s investment policy and investment strategies. The Public Funds Investment Act requires the commission to review the investment policy and investment strategies on an annual basis, and to approve by order any modifications to the investment policy and investment strategies. (4) Annual review of debt management policy and derivative management policy (MO) This minute order approves the debt management policy which establishes parameters for the commission's financing programs considering acceptable levels of risk, minimizing interest costs and optimizing future flexibility with consideration to achieving and maintaining the best possible credit ratings. Additionally, this minute order approves the derivative management policy which establishes responsibilities, objectives and guidelines for use of derivatives such as interest rate swaps and similar products to efficiently and prudently manage the commission's asset/liability profile. e. Designation of Access Control (1) Baylor County - US 277, north of FM 422 - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 45-foot break in the control-of-access line will allow the abutting landowner to open one proposed driveway location for access, permitting access to and from the southbound frontage road. The district has determined that access may be permitted at the designated location. (2) Harris County - I-10, approximately 700 feet east of Studemont Street - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of one 68-foot break in the control-of-access line will allow the abutting landowner to open one local street location for access to the eastbound frontage road. The district has determined that access may be permitted at the designated location. (3) Harris County - I-10, approximately 220 feet east of Studemont Street - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of one 63-foot break in the control-of-access line will allow the abutting landowner to open one proposed driveway location for access to the eastbound frontage road. The district has determined that access may be permitted at the designated location. (4) Harris County - SH 99, approximately 500 feet south of Clay Road (SW corner) - Consider the designation of two locations on the highway at which access will be permitted to the abutting property (MO) The designation of two 80-foot breaks in the control-of-access line will allow the abutting landowner to open two proposed driveway locations for access to the southbound frontage road. The district has determined that access may be permitted at the designated locations. (5) Harris County - SH 288, approximately 200 feet north of North MacGregor Drive - Consider the designation of three locations on the highway at which access will be permitted to the abutting property (MO) The designation of two 25-foot breaks and one 35-foot break in the control-of-access line will allow the abutting landowner to open three proposed driveway locations for access to the northbound frontage road. The district has determined that access may be permitted at the designated locations. f. Speed Zones Various Counties - Consider the establishment or alteration of 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. ADJOURN
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider the approval of the Minutes of the July 26, 2017, workshop meeting and the July 27, 2017, regular meeting of the Texas Transportation Commission
Acknowledgment of Service a. Recognize by resolution Glenn Hagler, Procurement Division Director, for 36 years of service to the department b. Recognize by resolution Dennis R. Cooley, P.E., Tyler District Engineer, for 35 years of service to the department
Financial Management Consider adoption of the Fiscal Year 2018 Budget (MO) This minute order adopts the department’s annual budget as prescribed by the General Appropriations Act.
Memorandum of Understanding Consider authorizing the department to enter into a development agreement and memorandum of understanding with the United States Department of Transportation, the Arizona Department of Transportation, the California Department of Transportation, and the New Mexico Department of Transportation related to the development of the Interstate 10 Corridor (MO) This minute order authorizes the executive director of the department to enter into agreements with the United States Department of Transportation and the departments of transportation of New Mexico, Arizona, and California related to the development of the Interstate 10 Corridor. The primary objectives of the partnership are to encourage states to leverage public and private resources by utilizing evolving technology to develop innovative national and regional approaches to reduce congestion, increase freight system reliability, and enhance the quality of life for U.S. citizens.
Unified Transportation Program (UTP) Consider the approval of the 2018 UTP (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2018 UTP for fiscal years 2018-2027 as well as the PSP for the 2018 UTP.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal non-primary entitlement grant funding to preserve and improve the state's general aviation system.
Various Counties - Consider the award of federal and state grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal state apportionment grant funding to preserve and improve the state's general aviation system. State law authorizes the award of state grant funding for capital improvement projects.
Various Counties - Consider the award of federal discretionary grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal discretionary grant funding to preserve and improve the state's general aviation system.
Various Counties - Consider the approval of the Routine Airport Maintenance Program (MO) State law authorizes the award of state funding for routine airport maintenance projects.
Various Counties - Consider the approval of the Aviation Capital Improvement Program (MO) (Presentation) The Texas Department of Transportation is required to prepare and update annually a multi-year aviation facilities capital improvement program.
Advisory Committee Appointments a. Border Trade Advisory Committee Consider the appointment of members to the Border Trade Advisory Committee (MO) (Presentation) This minute order appoints members to the Border Trade Advisory Committee. The purpose of the committee, created in 2001 by the 77th Legislature, is to define and develop a strategy and make recommendations to the commission and the governor, to address the highest priority border trade transportation challenges. b. Bicycle Advisory Committee Consider the appointment of members to the Bicycle Advisory Committee (MO) (Presentation) The Bicycle Advisory Committee advises the commission on bicycle issues and matters of mutual concern between the department and the bicycling community. By involving representatives of the public, including bicyclists and other interested parties, the department helps ensure effective communication with the bicycle community, and that the bicyclist's perspective will be considered in the development of departmental policies affecting bicycle use, including the design, construction, and maintenance of highways. This minute order appoints members to the Border Trade Advisory Committee. The purpose of the committee, created in 2001 by the 77th Legislature, is to define and develop a strategy and make recommendations to the commission and the governor, to address the highest priority border trade transportation challenges.
Public Transportation Various Counties - Consider the award of FY 2018 state funds, federal §5304 Statewide and Nonmetropolitan Transportation Planning Program funds and state matching funds, federal §5310 Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program funds, federal §5311 Formula Grants for Rural Areas Program funds, and transportation development credits to various entities (MO) The awards identified in this minute order reflect the allocation of state grant funds from state FY 2018 appropriations to urban and rural public transportation providers, federal §5304 funds and state matching funds to select planning agencies, federal §5310 funds and transportation development credits (TDC) to various public transportation providers, federal §5311 funds and TDC to rural public transportation providers for a formula allocation based on vehicle revenue miles, and §5311 funds to rural transit agencies to address impacts of the 2010 Census beyond the formula-based awards awarded by the commission. TDC are awarded to various agencies to assist with the match of federal funds.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 31 - Public Transportation Repeal of §31.17, Section 5316 Grant Program and §31.18, Section 5317 Grant Program (Federal Programs); and Amendments to §31.3, Definitions (General); §31.11, Formula Program (State Programs); §31.30, Section 5339 Grant Program, §31.31, Section 5310 Grant Program, and §31.36, Section 5311 Grant Program (Federal Programs); §31.42, Standard Federal Requirements, §31.43, Contract Requirements, §31.44, Procurement Requirements, §31.45, Accounting and Financial Recordkeeping Requirements, §31.47, Audit and Project Close-Out Standards, and §31.48, Project Oversight (Program Administration); §31.50, Recordkeeping and Inventory Requirements, and §31.57, Disposition (Property Management Standards) (MO) The proposed amendments address the impact of changes in House Bill 1140, 85th Legislature, Regular Session, and appropriations, revise funding allocation formulas, address the impacts of revised federal program guidance, remove obsolete text, and update references to current authorizing statutes. These revised rules will impact urban and rural areas of the state.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 21 - Right of Way Repeal of §§21.146-21.149, 21.151, 21.165, 21.189, 21.194, 21.196; Amendments §§21.141-21.145, 21.150, 21.152- 21.156, 21.158-21.164, 21.166- 21.182, 21.184-21.188, 21.190-21.193, 21.195, 21.197-21.204; New §§21.189, 21.205 and 21.206 (Subchapter I, Regulation of Signs along Interstate and Primary Highways, Division 1, Signs) and Repeal of §§21.251-21.260 (Subchapter I, Regulation of Signs along Interstate and Primary Highways, Division 2, Electronic Signs) (MO) These changes amend the department’s Highway Beautification Program to implement Senate Bill 2006 and Senate Bill 312, 85th Legislature, Regular Session, which made substantive changes to the classifications of signs that are regulated under the program and increased the maximum height for certain signs in existence on March 1, 2017. The amendments also make various changes including the clarification of existing procedures, streamlining the application and renewal processes, and removing land owner notifications.
Promulgation of Administrative Rules (continued) Proposed Adoption (continued) Chapter 10 - Ethical Conduct by Entities Doing Business with the Department Amendments to §10.6 (Conflict of Interest) (MO) In accordance with Senate Bill 533, 85th Legislature, Regular Session, the revolving door laws have been revised. Amendments to §10.6 revise the definition of conflict of interest for entities who hire former department employees who participated on behalf of the department in a procurement or contract negotiation involving their new employer. The proposed amendments also revise the definition of conflict of interest in Chapter 10 to align with the definition of conflict of interest used in other chapters of the department’s rules.
Purchase Order Amendment Consider the approval of a change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the provision of managed outsourced information technology services for the department (MO) Government Code, Section 2155.088, requires that the governing body of a state agency, at a meeting, consider a material change to the contract for goods or services awarded under Government Code, Chapter 2155, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
State Infrastructure Bank El Paso County - El Paso County - Consider final approval of a request from El Paso County for a State Infrastructure Bank loan in the amount of up to $4,920,000 to pay a portion of the costs of constructing a highway improvement project along Interstate Highway 10 between Airway Boulevard and Viscount Boulevard in the City of El Paso (MO) The SIB loan will be secured by a pledge of ad valorem taxes, excluding maintenance and operations advalorem taxes. The loan will be used to pay for the county’s participation in a highway improvement project to construct improvements over approximately 2.3 miles of the Interstate Highway 10 corridor between Airway Boulevard and Viscount Boulevard in the City of El Paso, including ramp reconfigurations and frontage road improvements.
Texas Private Activity Bond Surface Transportation Corporation Consider the appointment of directors to the Texas Private Activity Bond Surface Transportation Corporation (MO) The commission is required to appoint three directors who are employees of the department to serve six year terms on the corporation’s board. The commission previously appointed three directors to the corporation’s board for terms that are set to expire on August 31, 2017.
Toll Operations Dallas and Tarrant Counties - In accordance with Regional Transportation Council policy, consider the establishment of toll rates for SH 183 from just east of SH 121 to near I-35E/Trinity Parkway (including the proposed Diamond Interchange Phase II, a portion of which is comprised of SH 114 from Loop 12 to SH 183), Loop 12 from SH 183 to I-35E, and SH 114 from International Parkway to Loop 12 (SH 183 Managed Lanes Project) in Dallas and Tarrant Counties (MO) The SH 183 Managed Lanes Project includes concurrent flow managed tolled lanes on SH 183 from just east of SH 121 to near I-35E/Trinity Parkway (including the proposed Diamond Interchange Phase II, a portion of which is comprised of SH 114 from Loop 12 to SH 183), Loop 12 from SH 183 to I-35E and SH 114 from International Parkway to Loop 12 in Dallas and Tarrant Counties. The SH 183 Managed Lanes Project is an all-electronic, open road tolling managed lane facility.
Various Counties - Consider the approval of additional programs and projects, specifically the implementation of the veterans discount program on the Central Texas Turnpike System (CTTS), to be funded with payments received from SH 130 Concession Company, LLC under the SH 130, Segments 5&6 Facility Concession Agreement for the right to develop, finance, design, construct, operate, and maintain the SH 130 toll project from US 183 in Travis County to I-10 in Guadalupe County, and interest earned on those payments (SH 130 payments), and the allocation of funds from the SH 130 payments to that program and project (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 130 payments. This minute order authorizes additional programs and projects to be funded with those payments.
Audit Plan Consider the approval of the Audit Plan for Fiscal Year 2018 and determine whether adequate resources have been dedicated to the internal audit program (MO) (Presentation) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The audit plan must be approved by the commission. In addition, the commission must review the resources dedicated to the internal audit program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe.
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings. These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. Construction of Highways and Other Transportation Facilities (see attached itemized list) (MO)
Highway Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Eminent Domain Proceedings Various Counties - Consider the authorization of 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.
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) b. 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) Bexar County - FM 2252 at Thousand Oaks Drive in San Antonio - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for a state highway purpose. The abutting landowner has requested to purchase the land, and it may be sold to the abutting landowner. (2) Bexar County - I-37 at Pearl Parkway in San Antonio - Consider the transfer of right of way to the City of San Antonio (MO) The district has determined that the land is no longer needed for a state highway purpose. The City of San Antonio (city) will assume control, jurisdiction, and maintenance and has requested the land to be transferred to the city for use as part of a local street. The land may be transferred to the city with the provision that it reverts to the state if it ceases to be used for public road purposes. (3) Denton County - 1666 Oak Ridge Drive in Corinth - Consider the quitclaim of land quitclaimed to the state in error (MO) 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. (4) El Paso County - I-10, northwest corner at Eastlake in El Paso - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for a state highway purpose. The abutting landowner has requested to purchase the land, and it may be sold to the abutting landowner. (5) Hidalgo County - US 281, south side, west of Relampago - Consider the sale of a roadside park to abutting landowners (MO) The district has determined that the land is no longer needed for a state highway purpose. The owners of one property abutting the land have requested to purchase the land. Owners of another abutting property have waived interest in the land, and it may be sold to the requesters. (6) Tarrant County - FM 731 (Roberts Road) in Crowley - Consider the transfer of right of way to the City of Crowley (MO) The district has determined that the land is no longer for a state highway purpose. The City of Crowley (city) has agreed to assume control, jurisdiction and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes. (7) Tarrant County - I-35W northwest corner at Heritage Trace Parkway 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 a state highway purpose. The abutting landowner has requested to purchase the land, and it may be sold to the abutting landowner. (8) Travis County - SL 360, northeast corner at Ben White/S. Lamar in Austin - Consider the sale of right of way to the successful bidder (MO) The district has determined that the land is no longer needed for highway purposes. The local governmental entities and abutting landowners declined to purchase the land, and it was advertised for sale by sealed bid. An acceptable bid was received, and the land may be sold to the successful bidder. c. Reports Compliance Division report State law requires the commission to establish a compliance program, which must include a Compliance Division to oversee the program. The Compliance Division 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 Division is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. d. Finance (1) Dallas and Denton Counties - Consider the approval of the I-35E Managed Lanes Project annual budget of operating, maintenance, and capital expenditures, and acceptance of the annual inspection report (MO) This minute order approves the annual budget of operating, maintenance, and capital expenditures for the I-35E Managed Lanes Project in Dallas and Denton counties. The department financed a portion of the costs of the I-35E Project with a TIFIA loan. The trust agreement for the loan stipulates that the commission will adopt an annual budget by the business day preceding the first day of each fiscal year. In addition, the trust agreement requires that the General Engineering Consultant perform an annual inspection on or before the 90th day prior to the end of each fiscal year and to submit an inspection report to the commission. (2) Travis and Williamson Counties - Approval of the Central Texas Turnpike System (CTTS) annual operating, maintenance, and capital budgets (MO) This minute order approves the annual operating, maintenance, and capital budgets for the CTTS which consists of SH 130 Segments 1-4, SH 45N, SH 45SE, and Loop 1 extension. Some costs of the CTTS were financed with debt obligations. The Indenture of Trust stipulates that the commission will adopt annual budgets by August 31 of the preceding fiscal year. (3) Annual review and approval of the investment policy and investment strategies applicable to all funds not otherwise required to be invested by the comptroller (MO) This minute order approves the department’s investment policy and investment strategies. The Public Funds Investment Act requires the commission to review the investment policy and investment strategies on an annual basis, and to approve by order any modifications to the investment policy and investment strategies. (4) Annual review of debt management policy and derivative management policy (MO) This minute order approves the debt management policy which establishes parameters for the commission's financing programs considering acceptable levels of risk, minimizing interest costs and optimizing future flexibility with consideration to achieving and maintaining the best possible credit ratings. Additionally, this minute order approves the derivative management policy which establishes responsibilities, objectives and guidelines for use of derivatives such as interest rate swaps and similar products to efficiently and prudently manage the commission's asset/liability profile. e. Designation of Access Control (1) Baylor County - US 277, north of FM 422 - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 45-foot break in the control-of-access line will allow the abutting landowner to open one proposed driveway location for access, permitting access to and from the southbound frontage road. The district has determined that access may be permitted at the designated location. (2) Harris County - I-10, approximately 700 feet east of Studemont Street - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of one 68-foot break in the control-of-access line will allow the abutting landowner to open one local street location for access to the eastbound frontage road. The district has determined that access may be permitted at the designated location. (3) Harris County - I-10, approximately 220 feet east of Studemont Street - Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO) The designation of one 63-foot break in the control-of-access line will allow the abutting landowner to open one proposed driveway location for access to the eastbound frontage road. The district has determined that access may be permitted at the designated location. (4) Harris County - SH 99, approximately 500 feet south of Clay Road (SW corner) - Consider the designation of two locations on the highway at which access will be permitted to the abutting property (MO) The designation of two 80-foot breaks in the control-of-access line will allow the abutting landowner to open two proposed driveway locations for access to the southbound frontage road. The district has determined that access may be permitted at the designated locations. (5) Harris County - SH 288, approximately 200 feet north of North MacGregor Drive - Consider the designation of three locations on the highway at which access will be permitted to the abutting property (MO) The designation of two 25-foot breaks and one 35-foot break in the control-of-access line will allow the abutting landowner to open three proposed driveway locations for access to the northbound frontage road. The district has determined that access may be permitted at the designated locations. f. Speed Zones Various Counties - Consider the establishment or alteration of 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. ADJOURN