9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Consider the approval of the Minutes of the February 21, 2018, workshop meeting and the February 22, 2018, regular meeting of the Texas Transportation Commission
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)
Advisory Committee Appointment Consider the appointment of a member 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.
Public Transportation Various Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds for FY 2018 (MO) (Presentation) The awards identified in this minute order reflect the anticipated allocation of federal grant funds from the Federal Transit Administration (FTA) §5311 Formula Grants for Rural Areas Program to rural public transportation providers. The awards are contingent upon publication of FTA apportionments in the Federal Register.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 27 - Toll Projects Amendments to §27.81, Free Use of Turnpike Project by Military Vehicles, §27.82, Toll Operations, and §27.83, Contracts to Operate Department Toll Projects (Operation of Department Toll Projects) (MO) The proposed amendments are necessary for more effective management of department toll projects. The amendments delete outdated references to operational elements that are no longer in use and clarify current procedures. The amendments also provide that customer account fees and administrative fees may be waived or dismissed in accordance with operational policies. Additionally, the amendments specify the requirements that apply to the procurement of contracts to operate department toll projects.
Final Adoption Chapter 7 - Rail Facilities Repeal of Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, §§7.80-7.88; and New Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, §7.80, Purpose, §7.81, Definitions, §7.82, System Safety Program Plan, §7.83, Hazard Management Process, §7.84, New State Rail Transit Agency Responsibilities, §7.85, Modifications to a System Safety Program Plan, §7.86, Rail Transit Agency’s Annual Review, §7.87, Department System Safety Program Plan Audit, §7.88, Accident Notification, §7.89, Accident Investigations, §7.90, Corrective Action Plan, §7.91, Administrative Actions by the Department, §7.92, Administrative Review, §7.93, Escalation of Enforcement Action, §7.94, Emergency Order to Address Imminent Public Safety Concerns, §7.95, Admissibility; Use of Information (MO) To implement Senate Bill 1523, 85th Legislature, Regular Session, 2017, the department is replacing its current rules regarding the oversight of a local rail transit agency’s rail fixed guideway system. The new rules provide for a new administrative review process, new accident and hazard reporting requirements, and make changes to the audit review process. These amendments are also necessary to bring the state into compliance with new Federal Transit Administration requirements.
Financial Assistance for Port Access Projects Various Counties - Consider approval of participation by the state in the form of grants for the payment of a portion of the costs of constructing port access public roadway projects for the Ports of Beaumont, Port Arthur, Palacios, Harlingen, Victoria, Houston, and Corpus Christi (see attached itemized list) (MO) This minute order will authorize the department to participate in the form of grants to pay a portion of the costs of construction of certain local government highway projects that provide access to ports but are not on the state highway system. Rider 45 in the General Appropriations Act, 85th Legislature, Regular Session, 2017, authorizes $20,000,000 in each fiscal year of the 2018-19 biennium from any available source of revenue and/or balances in the Texas Mobility Fund No. 365 for public roadway projects selected by the Port Authority Advisory Committee and approved by the Texas Transportation Commission to improve connectivity to Texas ports.
State Infrastructure Bank Lubbock County - City of Lubbock - Consider final approval of a request from the City of Lubbock for a State Infrastructure Bank loan in the amount of up to $7,250,000 for a contribution to the department to pay the costs of right-of-way acquisition and utility relocation necessary for the State Loop 88 state highway improvement project (MO) The SIB loan will be secured by a pledge of ad valorem taxes. The loan will be used to pay the costs associated with right-of-way acquisition and utility relocation necessary for the State Loop 88 state highway improvement project on existing FM 1585 from US 62/82 at Wolfforth to US 87 for a total length of approximately 12 miles.
Central Texas Turnpike System Consider determining that the toll booths and automated coin machines previously purchased for the Central Texas Turnpike System (CTTS) are no longer used or useful in the operation of the CTTS or in the generation of revenues, so that they may be sold as surplus property (MO) This minute order provides the commission’s determination that the toll booths and automated coin machines purchased for Loop 1, SH 45N, and SH 130 are no longer used or useful in the operation of the CTTS or in the generation of revenues. This determination is required for the sale of any CTTS surplus property with a value in excess of $1 million, under Section 713 of the Indenture of Trust for the commission’s CTTS revenue bonds.
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 (1) 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) (2) Highway Sponsorship Donations Acknowledgment - Consider the acknowledgement of donations made to the department under the Sponsorship Acknowledgement Program. The donations under this program provide funding for highway related services and facilities at the Travel Information Centers and Service Rest Areas. The donors are acknowledged with a sign located on the right of way near the facility or service sponsored. (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) Dallas County - SL 354 in Dallas - Consider the removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of Dallas (MO) The district has determined that the highway is no longer needed as part of the state highway system. The City of Dallas (city) has agreed to assume control, jurisdiction, and maintenance, and the roadway will remain in use for public road purposes. The property 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. (2) Titus County - FM 127 in Mount Pleasant - Consider the removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of Mount Pleasant (MO) The district has determined that a segment of the highway is no longer needed as part of the state highway system. The City of Mount Pleasant (city) has agreed to assume control, jurisdiction, and maintenance. The cost of the state’s future maintenance exceeds the value, and the property may be transferred to the city without cost. c. Report 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. Designation of Access Control (1) Reeves County - City of Pecos - I-20, N. Arizona Street - Consider the designation of one location on the north I-20 frontage road at which access will be permitted for a proposed street (MO) The designation of one 120-foot break in the control-of-access line will allow the abutting landowner (City of Pecos) to open an intersection for a proposed street to access to and from the north frontage road of I-20. The district has determined that access may be permitted at the designated location. (2) Williamson County - FM 1460, in Georgetown - Consider the designation of one location on FM 1460 at which access will be permitted to the abutting properties (MO) The designation of one 62.01-foot break in the control-of-access line to allow the abutting landowners to open one proposed driveway location for access to and from FM 1460. The district has determined that access may be permitted at the designated location. e. 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.
Item 12 - Executive Session, Open Comment, & Adjourn
12. 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 February 21, 2018, workshop meeting and the February 22, 2018, regular meeting of the Texas Transportation Commission
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)
Advisory Committee Appointment Consider the appointment of a member 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.
Public Transportation Various Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds for FY 2018 (MO) (Presentation) The awards identified in this minute order reflect the anticipated allocation of federal grant funds from the Federal Transit Administration (FTA) §5311 Formula Grants for Rural Areas Program to rural public transportation providers. The awards are contingent upon publication of FTA apportionments in the Federal Register.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 27 - Toll Projects Amendments to §27.81, Free Use of Turnpike Project by Military Vehicles, §27.82, Toll Operations, and §27.83, Contracts to Operate Department Toll Projects (Operation of Department Toll Projects) (MO) The proposed amendments are necessary for more effective management of department toll projects. The amendments delete outdated references to operational elements that are no longer in use and clarify current procedures. The amendments also provide that customer account fees and administrative fees may be waived or dismissed in accordance with operational policies. Additionally, the amendments specify the requirements that apply to the procurement of contracts to operate department toll projects.
Final Adoption Chapter 7 - Rail Facilities Repeal of Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, §§7.80-7.88; and New Subchapter E, Rail Fixed Guideway System State Safety Oversight Program, §7.80, Purpose, §7.81, Definitions, §7.82, System Safety Program Plan, §7.83, Hazard Management Process, §7.84, New State Rail Transit Agency Responsibilities, §7.85, Modifications to a System Safety Program Plan, §7.86, Rail Transit Agency’s Annual Review, §7.87, Department System Safety Program Plan Audit, §7.88, Accident Notification, §7.89, Accident Investigations, §7.90, Corrective Action Plan, §7.91, Administrative Actions by the Department, §7.92, Administrative Review, §7.93, Escalation of Enforcement Action, §7.94, Emergency Order to Address Imminent Public Safety Concerns, §7.95, Admissibility; Use of Information (MO) To implement Senate Bill 1523, 85th Legislature, Regular Session, 2017, the department is replacing its current rules regarding the oversight of a local rail transit agency’s rail fixed guideway system. The new rules provide for a new administrative review process, new accident and hazard reporting requirements, and make changes to the audit review process. These amendments are also necessary to bring the state into compliance with new Federal Transit Administration requirements.
Financial Assistance for Port Access Projects Various Counties - Consider approval of participation by the state in the form of grants for the payment of a portion of the costs of constructing port access public roadway projects for the Ports of Beaumont, Port Arthur, Palacios, Harlingen, Victoria, Houston, and Corpus Christi (see attached itemized list) (MO) This minute order will authorize the department to participate in the form of grants to pay a portion of the costs of construction of certain local government highway projects that provide access to ports but are not on the state highway system. Rider 45 in the General Appropriations Act, 85th Legislature, Regular Session, 2017, authorizes $20,000,000 in each fiscal year of the 2018-19 biennium from any available source of revenue and/or balances in the Texas Mobility Fund No. 365 for public roadway projects selected by the Port Authority Advisory Committee and approved by the Texas Transportation Commission to improve connectivity to Texas ports.
State Infrastructure Bank Lubbock County - City of Lubbock - Consider final approval of a request from the City of Lubbock for a State Infrastructure Bank loan in the amount of up to $7,250,000 for a contribution to the department to pay the costs of right-of-way acquisition and utility relocation necessary for the State Loop 88 state highway improvement project (MO) The SIB loan will be secured by a pledge of ad valorem taxes. The loan will be used to pay the costs associated with right-of-way acquisition and utility relocation necessary for the State Loop 88 state highway improvement project on existing FM 1585 from US 62/82 at Wolfforth to US 87 for a total length of approximately 12 miles.
Central Texas Turnpike System Consider determining that the toll booths and automated coin machines previously purchased for the Central Texas Turnpike System (CTTS) are no longer used or useful in the operation of the CTTS or in the generation of revenues, so that they may be sold as surplus property (MO) This minute order provides the commission’s determination that the toll booths and automated coin machines purchased for Loop 1, SH 45N, and SH 130 are no longer used or useful in the operation of the CTTS or in the generation of revenues. This determination is required for the sale of any CTTS surplus property with a value in excess of $1 million, under Section 713 of the Indenture of Trust for the commission’s CTTS revenue bonds.
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 (1) 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) (2) Highway Sponsorship Donations Acknowledgment - Consider the acknowledgement of donations made to the department under the Sponsorship Acknowledgement Program. The donations under this program provide funding for highway related services and facilities at the Travel Information Centers and Service Rest Areas. The donors are acknowledged with a sign located on the right of way near the facility or service sponsored. (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) Dallas County - SL 354 in Dallas - Consider the removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of Dallas (MO) The district has determined that the highway is no longer needed as part of the state highway system. The City of Dallas (city) has agreed to assume control, jurisdiction, and maintenance, and the roadway will remain in use for public road purposes. The property 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. (2) Titus County - FM 127 in Mount Pleasant - Consider the removal from the system, transfer of control, jurisdiction, and maintenance, and transfer of right of way to the City of Mount Pleasant (MO) The district has determined that a segment of the highway is no longer needed as part of the state highway system. The City of Mount Pleasant (city) has agreed to assume control, jurisdiction, and maintenance. The cost of the state’s future maintenance exceeds the value, and the property may be transferred to the city without cost. c. Report 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. Designation of Access Control (1) Reeves County - City of Pecos - I-20, N. Arizona Street - Consider the designation of one location on the north I-20 frontage road at which access will be permitted for a proposed street (MO) The designation of one 120-foot break in the control-of-access line will allow the abutting landowner (City of Pecos) to open an intersection for a proposed street to access to and from the north frontage road of I-20. The district has determined that access may be permitted at the designated location. (2) Williamson County - FM 1460, in Georgetown - Consider the designation of one location on FM 1460 at which access will be permitted to the abutting properties (MO) The designation of one 62.01-foot break in the control-of-access line to allow the abutting landowners to open one proposed driveway location for access to and from FM 1460. The district has determined that access may be permitted at the designated location. e. 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.
Item 12 - Executive Session, Open Comment, & Adjourn
12. 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