9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction
Consider the approval of the Minutes of the October 25, 2017, workshop meeting and the October 26, 2017, regular meeting of the Texas Transportation Commission
Texas Freight Mobility Plan 2017 Consider the adoption of the Texas Freight Mobility Plan 2017 (MO) The Texas Freight Mobility Plan 2017 (TFMP) fulfills a federal FAST Act requirement to develop a performance-based, statewide, multimodal freight plan. The Fast Act mandated the development of state freight plans and added three required components: 1) designation of Critical Rural Freight Corridors, 2) designation of Critical Urban Freight Corridors, and 3) development of a 5-year Fiscally Constrained Freight Investment Plan. This minute order adopts the TFMP 2017 as the department’s current statewide freight plan. The TFMP 2017 is an update to the department’s first Texas Freight Mobility Plan, which was adopted on January 28, 2016.
Discussion Item 2018 Unified Transportation Program (UTP) December updates (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2018 UTP in August of 2017. Staff will provide an overview of the proposed December updates to the program.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption a. Chapter 1 - Management Amendments to §1.82, §§1.84 - 1.87 and new §1.88 (Advisory Committees) (MO) The amendments extend the sunset dates for statutory and department advisory committees and add a new activity reporting requirement for each advisory committee. The amendments also change the rules relating to the membership of the port authority advisory committee in accordance with statutory amendments made by Senate Bill 28, 85th Legislature, Regular Session.
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 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.
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 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.
Capital Budget Appropriation Request Consider approving a request to the governor and the Legislative Budget Board to increase the capital budget appropriation to the Facilities Capital Program (MO) This minute order authorizes the chairman to submit to the governor and the Legislative Budget Board, on behalf of the commission and in accordance with the prescribed guidelines, a request for the transfer of amounts to the department's Facilities Capital Program.
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)
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) Collin County - US 75, southwest corner at Eldorado Parkway in McKinney - 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, and it may be sold to the requester. (2) Taylor County - SL 322 and SH 36 in Abilene - Consider the transfer of right of way to Taylor County (MO) The district has determined that the land is no longer needed for highway purposes. Taylor County (county) has requested the land to be transferred to the county. Future maintenance costs exceed the value of the property, and the land may be transferred to the county without cost. (3) Tom Green County - US 67 at FM 2288 in San Angelo - Consider the transfer of right of way to the City of San Angelo (MO) The district has determined that the land is no longer needed for a state highway purpose. The City of San Angelo (city) will assume control, jurisdiction, and maintenance and has requested the land be transferred to the city for local road purposes. The land may be transferred to the city without cost, with the provision that it reverts to the state if it ceases to be used for public road purposes. 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. 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.
Items 10 – Executive Session, Open Comment, & Adjourn
10. Executive Session Pursuant to Government Code, Chapter 551 Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction
Consider the approval of the Minutes of the October 25, 2017, workshop meeting and the October 26, 2017, regular meeting of the Texas Transportation Commission
Texas Freight Mobility Plan 2017 Consider the adoption of the Texas Freight Mobility Plan 2017 (MO) The Texas Freight Mobility Plan 2017 (TFMP) fulfills a federal FAST Act requirement to develop a performance-based, statewide, multimodal freight plan. The Fast Act mandated the development of state freight plans and added three required components: 1) designation of Critical Rural Freight Corridors, 2) designation of Critical Urban Freight Corridors, and 3) development of a 5-year Fiscally Constrained Freight Investment Plan. This minute order adopts the TFMP 2017 as the department’s current statewide freight plan. The TFMP 2017 is an update to the department’s first Texas Freight Mobility Plan, which was adopted on January 28, 2016.
Discussion Item 2018 Unified Transportation Program (UTP) December updates (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2018 UTP in August of 2017. Staff will provide an overview of the proposed December updates to the program.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption a. Chapter 1 - Management Amendments to §1.82, §§1.84 - 1.87 and new §1.88 (Advisory Committees) (MO) The amendments extend the sunset dates for statutory and department advisory committees and add a new activity reporting requirement for each advisory committee. The amendments also change the rules relating to the membership of the port authority advisory committee in accordance with statutory amendments made by Senate Bill 28, 85th Legislature, Regular Session.
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 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.
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 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.
Capital Budget Appropriation Request Consider approving a request to the governor and the Legislative Budget Board to increase the capital budget appropriation to the Facilities Capital Program (MO) This minute order authorizes the chairman to submit to the governor and the Legislative Budget Board, on behalf of the commission and in accordance with the prescribed guidelines, a request for the transfer of amounts to the department's Facilities Capital Program.
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)
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) Collin County - US 75, southwest corner at Eldorado Parkway in McKinney - 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, and it may be sold to the requester. (2) Taylor County - SL 322 and SH 36 in Abilene - Consider the transfer of right of way to Taylor County (MO) The district has determined that the land is no longer needed for highway purposes. Taylor County (county) has requested the land to be transferred to the county. Future maintenance costs exceed the value of the property, and the land may be transferred to the county without cost. (3) Tom Green County - US 67 at FM 2288 in San Angelo - Consider the transfer of right of way to the City of San Angelo (MO) The district has determined that the land is no longer needed for a state highway purpose. The City of San Angelo (city) will assume control, jurisdiction, and maintenance and has requested the land be transferred to the city for local road purposes. The land may be transferred to the city without cost, with the provision that it reverts to the state if it ceases to be used for public road purposes. 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. 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.
Items 10 – Executive Session, Open Comment, & Adjourn
10. Executive Session Pursuant to Government Code, Chapter 551 Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN