9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Honorarium and Recognitions
Consider the approval of the Minutes of the March 28, 2018, workshop meeting and the March 29, 2018, regular meeting of the Texas Transportation Commission
Opening Remarks
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings (Presentation) 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)
Strategic Plan Update and discussion regarding the draft 2019-2023 Texas Department of Transportation's Strategic Plan (Presentation) As required by law, department staff has developed the 2019-2023 Strategic Plan. Staff will discuss the draft text of the primary components of that plan and obtain feedback and guidance for the development of the final version.
Legislative Appropriations Request (LAR) Discussion regarding the development of the Texas Department of Transportation's Fiscal Year 2020-2021 Legislative Appropriations Request (Presentation) Staff will discuss the development of the LAR with the commission and seek direction on components of the LAR.
Aviation Various Counties - Consider the award of federal and state grant funding, and federal non-primary entitlement grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal state apportionment grant funding and federal non-primary entitlement 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.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 1 - Administration Amendments to §1.84, Statutory Advisory Committees (Advisory Committees) (MO) In accordance with Senate Bill 1522, 85th Legislature, Regular Session, 2017, the amendments change the number of members of the Aviation Advisory Committee.
Chapter 2 - Environmental Review of Transportation Projects Repeal of §§2.251-2.278 and New §§2.251-2.279, Subchapter H (Memorandum of Understanding with the Texas Historical Commission) (MO) Pursuant to §201.607of the Transportation Code, the department and the Texas Historical Commission have revised by rule the Memorandum of Understanding between
Chapter 16 - Planning and Development of Transportation Projects Amendments to Subchapter A, General Provisions, §§16.2 and 16.4; Subchapter B, Transportation Planning, §§16.51, 16.53 and 16.54; Subchapter C, Transportation Programs, §§16.101 - 16.103, and 16.105; Subchapter D, Transportation Funding, §§16.151 and 16.160; and Subchapter E, Project, Performance, and Funding Reporting, §16.202; New §16.57, Responsibilities of the Department; and Repeal of §16.55, Long-Range Transportation Planning Recommendations for Non-Metropolitan Areas (MO) Senate Bill 312, 85th Legislature, Regular Session, 2017, requires changes be made to several of the planning and programming processes that the commission and the department use to plan, prioritize, and finance transportation projects. The proposed amendments are necessary to implement the requirements of SB 312 as well as to align the rules with updated federal planning regulations. The proposed amendments also include minor technical corrections to various provisions.
Final Adoption Chapter 9 - Contract and Grant Management New §9.8, Enhanced Contract and Performance Monitoring (General) (MO) In compliance with Government Code, §2261.253(c), the department is implementing, by rule, a procedure to identify and report to the commission the identity and status of those contracts the department has determined pose a serious risk to the department.
Final Adoption Chapter 9 - Contract and Grant Management Amendments to §9.35, Federal Process, and §9.41, Contract Administration (Contracting for Architectural, Engineering, and Surveying Services) (MO) These amendments are necessary for more effective management of contracting resources. The amendments streamline the process used to procure contracts using federal funds by combining steps in the selection process. Additionally, the amendments allow the Professional Engineering Procurement Services Division Director to resolve an appeal over a prime provider evaluation and to help resolve contracting or compensation disputes.
Chapter 27 - Toll Projects Amendments to §27.50, Purpose, §27.51, Definitions, §27.52, Available Financing, §27.53, Request, §27.54, Commission Action, §27.55, Financial Assistance Agreement, and §27.58, Financial and Credit Requirements (Financial Assistance for Toll Facilities) (MO) To comply with Senate Bill 312, 85th Legislature, Regular Session, the amendments require that any funds provided by the department as participation in the cost of a toll facility of a public or private entity must be repaid unless the funds are provided as participation in the cost of a project of a toll project entity and: (1) the funds are held in a subaccount created under Transportation Code, §228.012; or (2) a toll project entity commenced the environmental review process for the project on or before January 1, 2014. The amendments also provide additional defined terms for added clarity and consistency.
Purchase Order Amendment Consider the approval of a material change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the provision of toll operations and customer service center operator services for the department (MO) Section 2155.088, Government Code, 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 Chapter 2155, Government Code, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
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 with a value of $500 or more, including donations of money, materials, services, or real property, that are made to the department for the purpose of assisting the department in carrying out its functions and duties or for improving access to or from a highway on the state highway system (see attached itemized list) (MO) State statutes require the commission to acknowledge the acceptance of a gift to the department that is valued at $500 or more. By the adoption of this minute order, the commission acknowledges the receipt and acceptance of the property specified in the minute order. 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. (1) Dallas County - I-635 at Forest Lane in Dallas - Consider the sale and quitclaim of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the state-owned land. A portion of the land is a remnant of an old county road to which there is no record title. The county has requested that the no-title land be quitclaimed to the abutting landowner. (2) Harris County - US 59, southeast corner at Beltway 8 in Houston - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land, and it may be sold to the requester. (3) Hidalgo County - BU 281-W, east of courthouse in Edinburg - Consider the removal of a highway segment from the system, redesignation on a new location, and release of a right of way easement to Hidalgo County (MO) The district has determined that the segment is no longer needed as part of the highway system. Hidalgo County (county) is the owner of the fee in the property and has requested the removal from the system and release of the easement to the county. The state’s cost of future maintenance on the property exceeds the value of the property, and the easement may be released to the county without cost. (4) Matagorda County - SH 35 in Palacios - 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. (5) Mills County - US 84 east of County Road 509 - Consider the sale of right of way to abutting landowners (MO) The district has determined that the land, used as a roadside park, is no longer needed for highway purposes. Owners of an abutting property have requested to purchase the land. Owners of another property have declined interest, and the property may be sold to the requesters. (6) Travis County - SH 130, southeast corner at Kelly Lane in Pflugerville - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes and may be sold to the fee owner of the property. c. Reports (1) 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. (2) Letting allocation status report Quarterly status report on the FY 2018 letting allocation, the actual allocation utilized through the current month, proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district and metropolitan planning organization, of the FY 2018 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly report on FY 2018 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. d. Finance (1) Quarterly investment report (MO) This minute order recognizes the presentation and commission’s acceptance of the quarterly investment report for the investment of funds held by the Bank of New York Mellon, as trustee, under the Central Texas Turnpike System master trust indenture; funds for the Pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; and funds related to obligations issued for the IH 35E Project under a Trust Agreement by and between Amegy Bank, a Division of ZB, National Association, as trustee, and the department. (2) Travis and Williamson Counties - Consider the acceptance of the report of Actual Traffic and Revenue for the Central Texas Turnpike System (MO) Report of actual traffic and revenue for the CTTS as of February 28, 2018. (3) Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 121 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional projects costs and changes to the list of previously-approved projects. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council. e. Highway Designation Potter and Randall Counties - In the city of Amarillo, consider designating State Loop (SL) 335 on a new location, designating SL 335 along Helium Road, redesignating a segment of FM 2186 as SL 335 and redesignating a segment of existing SL 335 as FM 2590 (MO) This minute order designates SL 335 on a new location from 0.5 miles south of SW 9th Street southwestward to I-40, a distance of approximately 1.4 miles, designates SL 335 along Helium Road from I-40 southward to FM 2186, a distance of approximately 5.2 miles, redesignates a segment of FM 2186 as SL 335 from Helium Rd eastward to the intersection of existing SL 335, a distance of approximately 1.0 mile and redesignates a segment of existing SL 335 as FM 2590 (along Soncy Road) from approximately 0.5 miles south of SW 9th Street southward to the intersection of FM 2186, a distance of approximately 5.6 miles. 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.
Item 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.
Honorarium and Recognitions
Consider the approval of the Minutes of the March 28, 2018, workshop meeting and the March 29, 2018, regular meeting of the Texas Transportation Commission
Opening Remarks
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings (Presentation) 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)
Strategic Plan Update and discussion regarding the draft 2019-2023 Texas Department of Transportation's Strategic Plan (Presentation) As required by law, department staff has developed the 2019-2023 Strategic Plan. Staff will discuss the draft text of the primary components of that plan and obtain feedback and guidance for the development of the final version.
Legislative Appropriations Request (LAR) Discussion regarding the development of the Texas Department of Transportation's Fiscal Year 2020-2021 Legislative Appropriations Request (Presentation) Staff will discuss the development of the LAR with the commission and seek direction on components of the LAR.
Aviation Various Counties - Consider the award of federal and state grant funding, and federal non-primary entitlement grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal state apportionment grant funding and federal non-primary entitlement 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.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Proposed Adoption Chapter 1 - Administration Amendments to §1.84, Statutory Advisory Committees (Advisory Committees) (MO) In accordance with Senate Bill 1522, 85th Legislature, Regular Session, 2017, the amendments change the number of members of the Aviation Advisory Committee.
Chapter 2 - Environmental Review of Transportation Projects Repeal of §§2.251-2.278 and New §§2.251-2.279, Subchapter H (Memorandum of Understanding with the Texas Historical Commission) (MO) Pursuant to §201.607of the Transportation Code, the department and the Texas Historical Commission have revised by rule the Memorandum of Understanding between
Chapter 16 - Planning and Development of Transportation Projects Amendments to Subchapter A, General Provisions, §§16.2 and 16.4; Subchapter B, Transportation Planning, §§16.51, 16.53 and 16.54; Subchapter C, Transportation Programs, §§16.101 - 16.103, and 16.105; Subchapter D, Transportation Funding, §§16.151 and 16.160; and Subchapter E, Project, Performance, and Funding Reporting, §16.202; New §16.57, Responsibilities of the Department; and Repeal of §16.55, Long-Range Transportation Planning Recommendations for Non-Metropolitan Areas (MO) Senate Bill 312, 85th Legislature, Regular Session, 2017, requires changes be made to several of the planning and programming processes that the commission and the department use to plan, prioritize, and finance transportation projects. The proposed amendments are necessary to implement the requirements of SB 312 as well as to align the rules with updated federal planning regulations. The proposed amendments also include minor technical corrections to various provisions.
Final Adoption Chapter 9 - Contract and Grant Management New §9.8, Enhanced Contract and Performance Monitoring (General) (MO) In compliance with Government Code, §2261.253(c), the department is implementing, by rule, a procedure to identify and report to the commission the identity and status of those contracts the department has determined pose a serious risk to the department.
Final Adoption Chapter 9 - Contract and Grant Management Amendments to §9.35, Federal Process, and §9.41, Contract Administration (Contracting for Architectural, Engineering, and Surveying Services) (MO) These amendments are necessary for more effective management of contracting resources. The amendments streamline the process used to procure contracts using federal funds by combining steps in the selection process. Additionally, the amendments allow the Professional Engineering Procurement Services Division Director to resolve an appeal over a prime provider evaluation and to help resolve contracting or compensation disputes.
Chapter 27 - Toll Projects Amendments to §27.50, Purpose, §27.51, Definitions, §27.52, Available Financing, §27.53, Request, §27.54, Commission Action, §27.55, Financial Assistance Agreement, and §27.58, Financial and Credit Requirements (Financial Assistance for Toll Facilities) (MO) To comply with Senate Bill 312, 85th Legislature, Regular Session, the amendments require that any funds provided by the department as participation in the cost of a toll facility of a public or private entity must be repaid unless the funds are provided as participation in the cost of a project of a toll project entity and: (1) the funds are held in a subaccount created under Transportation Code, §228.012; or (2) a toll project entity commenced the environmental review process for the project on or before January 1, 2014. The amendments also provide additional defined terms for added clarity and consistency.
Purchase Order Amendment Consider the approval of a material change to a purchase order awarded under Chapter 2155 of the Texas Government Code for the provision of toll operations and customer service center operator services for the department (MO) Section 2155.088, Government Code, 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 Chapter 2155, Government Code, and consider why that change is necessary. The proposed amendment is a material change under Chapter 2155.
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 with a value of $500 or more, including donations of money, materials, services, or real property, that are made to the department for the purpose of assisting the department in carrying out its functions and duties or for improving access to or from a highway on the state highway system (see attached itemized list) (MO) State statutes require the commission to acknowledge the acceptance of a gift to the department that is valued at $500 or more. By the adoption of this minute order, the commission acknowledges the receipt and acceptance of the property specified in the minute order. 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. (1) Dallas County - I-635 at Forest Lane in Dallas - Consider the sale and quitclaim of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the state-owned land. A portion of the land is a remnant of an old county road to which there is no record title. The county has requested that the no-title land be quitclaimed to the abutting landowner. (2) Harris County - US 59, southeast corner at Beltway 8 in Houston - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. The abutting landowner has requested to purchase the land, and it may be sold to the requester. (3) Hidalgo County - BU 281-W, east of courthouse in Edinburg - Consider the removal of a highway segment from the system, redesignation on a new location, and release of a right of way easement to Hidalgo County (MO) The district has determined that the segment is no longer needed as part of the highway system. Hidalgo County (county) is the owner of the fee in the property and has requested the removal from the system and release of the easement to the county. The state’s cost of future maintenance on the property exceeds the value of the property, and the easement may be released to the county without cost. (4) Matagorda County - SH 35 in Palacios - 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. (5) Mills County - US 84 east of County Road 509 - Consider the sale of right of way to abutting landowners (MO) The district has determined that the land, used as a roadside park, is no longer needed for highway purposes. Owners of an abutting property have requested to purchase the land. Owners of another property have declined interest, and the property may be sold to the requesters. (6) Travis County - SH 130, southeast corner at Kelly Lane in Pflugerville - Consider the sale of a drainage easement (MO) The district has determined that the easement is no longer needed for highway drainage purposes and may be sold to the fee owner of the property. c. Reports (1) 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. (2) Letting allocation status report Quarterly status report on the FY 2018 letting allocation, the actual allocation utilized through the current month, proposed remaining highway maintenance and construction contract letting for the fiscal year (Report) This report will provide the current overall allocation status, by district and metropolitan planning organization, of the FY 2018 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly report on FY 2018 State Highway Fund 6 cash status (Report) This report updates the commission on the year-to-date cash balance and activity of Fund 6. The report will include original projections and actual revenues/inflows and expenditures/outflows on a cash basis. d. Finance (1) Quarterly investment report (MO) This minute order recognizes the presentation and commission’s acceptance of the quarterly investment report for the investment of funds held by the Bank of New York Mellon, as trustee, under the Central Texas Turnpike System master trust indenture; funds for the Pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; and funds related to obligations issued for the IH 35E Project under a Trust Agreement by and between Amegy Bank, a Division of ZB, National Association, as trustee, and the department. (2) Travis and Williamson Counties - Consider the acceptance of the report of Actual Traffic and Revenue for the Central Texas Turnpike System (MO) Report of actual traffic and revenue for the CTTS as of February 28, 2018. (3) Various Counties - Concurrence with the Regional Transportation Council of the North Central Texas Council of Governments' funding of construction and other project development costs of projects to be advanced through the use of payments received from the North Texas Tollway Authority in accordance with the SH 121 Toll Project Agreement (MO) The department has established a separate fund to account for and track projects and project costs funded with the SH 121 payments. This minute order authorizes the funding of additional projects costs and changes to the list of previously-approved projects. The project costs to be funded were selected through a cooperative process with the Regional Transportation Council. e. Highway Designation Potter and Randall Counties - In the city of Amarillo, consider designating State Loop (SL) 335 on a new location, designating SL 335 along Helium Road, redesignating a segment of FM 2186 as SL 335 and redesignating a segment of existing SL 335 as FM 2590 (MO) This minute order designates SL 335 on a new location from 0.5 miles south of SW 9th Street southwestward to I-40, a distance of approximately 1.4 miles, designates SL 335 along Helium Road from I-40 southward to FM 2186, a distance of approximately 5.2 miles, redesignates a segment of FM 2186 as SL 335 from Helium Rd eastward to the intersection of existing SL 335, a distance of approximately 1.0 mile and redesignates a segment of existing SL 335 as FM 2590 (along Soncy Road) from approximately 0.5 miles south of SW 9th Street southward to the intersection of FM 2186, a distance of approximately 5.6 miles. 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.
Item 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