9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Commission Opening Remarks
Consider the approval of the Minutes of the October 30, 2019, workshop meeting and the October 31, 2019, regular meeting of the Texas Transportation Commission
Discussion Item Presentation and discussion of Texas population growth and impact on Texas transportation planning (Presentation)
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. a. Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Routine Maintenance (see attached itemized list) (MO)
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Rules Proposals Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.185, Allocation to Counties, §15.188, Application Procedure, and §15.191, Agreement (County Transportation Infrastructure Fund Grant Program) (MO) House Bill 4280, 86th Legislature (H.B. 4280), amended Transportation Code, Chapter 256, Subchapter C, which requires the department to administer a grant program that will provide funding of county transportation infrastructure projects located in areas of the state affected by increased oil and gas production. The amendments modify the allocation formula for the program in accordance with the changes made by H.B. 4280.
Chapter 21 - Right of Way New §21.25, Selection (Utility Adjustment, Relocation, or Removal) (MO) This new rule implements Senate Bill 1512, 86th Legislature. The new rule provides the procedures to be taken by a utility to apply for state participation in the relocation of certain publicly-owned utility facilities and by the department and commission in determining whether all or part of the expense of the relocation of the facility will be paid for by the state.
Final Rule Adoptions Chapter 1 - Management New §1.90, Advisory Committees for Ports-to-Plains Corridor (Advisory Committees) (MO) House Bill 1079, 86th Legislature (H.B. 1079), requires the department to establish a Ports-to-Plains Advisory Committee and corridor segment committees to assist the department in conducting a comprehensive study of the Ports-to-Plains Corridor. Government Code, §2110.005 requires a state agency to adopt rules that state the purpose and tasks of an advisory committee and that describe the way that the committee will report to the agency. This new rule implements H.B. 1079, provides the information required by §2110.005, and establishes sunset dates for the committees.
Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.51, Definitions, and §15.55 Construction Cost Participation (Federal, State, and Local Participation) (MO) Senate Bill 2168, 86th Legislature, expanded the Economically Disadvantaged Counties Program to include a county that met the statutory eligibility criteria within the past six years and has been included in no less than five federally declared disasters within that same time period. The amendments conform the administrative rules to the revised statute.
Chapter 1 - Management Amendments to §1.82 and §§1.85 - 1.87, Repeal of §1.88, and New §1.88 (Advisory Committees) (MO) The amendments extend the sunset dates for statutory and department advisory committees and repeal a rule that required a one-time report by each advisory committee.
Review of Rules Consider the re-adoption of Chapter 3, Public Information, Chapter 4, Employment Practices, Chapter 6, State Infrastructure Bank, Chapter 9, Contract and Grant Management, Chapter 12, Public Donation and Participation Program, Chapter 13, Materials Quality, Chapter 22, Use of State Property, Chapter 23, Travel Information, Chapter 25, Traffic Operations, and Chapter 29, Maintenance, in accordance with Government Code, §2001.039 (MO) State law requires a state agency to review each of its rules every four years. After the review, the agency must readopt the rule, readopt the rule with amendments, or repeal the rule. The department reviews its rules on a rotating basis.
Prohibition Order Various Counties - Consider issuing an order prohibiting the operation of certain motor vehicles on Texas Department of Transportation toll projects (MO) Transportation Code, §372.110, authorizes the commission to issue an order prohibiting the operation of a motor vehicle on a department toll project if the registered owner of the vehicle has been finally determined to be a habitual violator, subject to certain notice requirements. A person commits an offense if the person operates a motor vehicle on a toll project in violation of the order. Subsequent offenses may result in impoundment of the vehicle.
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. 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. c. Finance Grimes and Montgomery Counties - Consider the acceptance of the Quarterly Construction Progress Report for the State Highway 249 System (MO) Report of construction progress for the State Highway 249 System (system) as of August 31, 2019. The commission financed a portion of the costs of the system with obligations issued pursuant to a trust agreement dated February 1, 2019, between the commission and U.S. Bank National Association (trustee). Section 407 of the trust agreement requires the commission to cause the general engineering consultant to prepare a construction progress report at least quarterly and to file the report with the trustee and the commission. d. Lease of Buildings Travis County - Consider acknowledging the actions of the executive director concerning a lease agreement for the buildings at 2420 and 2500 Ridgepoint Drive, Austin, Texas, housing toll operations (MO) The Texas Facilities Commission has, pursuant to Government Code, §2167.005, granted the department authority to enter into a lease on behalf of the Toll Operations Division for department-operated or department-supported toll facilities, which include the CTTS and Grand Parkway. 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 9 - Executive Session, Open Comment, & Adjourn
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.
9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Commission Opening Remarks
Consider the approval of the Minutes of the October 30, 2019, workshop meeting and the October 31, 2019, regular meeting of the Texas Transportation Commission
Discussion Item Presentation and discussion of Texas population growth and impact on Texas transportation planning (Presentation)
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. a. Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Routine Maintenance (see attached itemized list) (MO)
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Rules Proposals Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.185, Allocation to Counties, §15.188, Application Procedure, and §15.191, Agreement (County Transportation Infrastructure Fund Grant Program) (MO) House Bill 4280, 86th Legislature (H.B. 4280), amended Transportation Code, Chapter 256, Subchapter C, which requires the department to administer a grant program that will provide funding of county transportation infrastructure projects located in areas of the state affected by increased oil and gas production. The amendments modify the allocation formula for the program in accordance with the changes made by H.B. 4280.
Chapter 21 - Right of Way New §21.25, Selection (Utility Adjustment, Relocation, or Removal) (MO) This new rule implements Senate Bill 1512, 86th Legislature. The new rule provides the procedures to be taken by a utility to apply for state participation in the relocation of certain publicly-owned utility facilities and by the department and commission in determining whether all or part of the expense of the relocation of the facility will be paid for by the state.
Final Rule Adoptions Chapter 1 - Management New §1.90, Advisory Committees for Ports-to-Plains Corridor (Advisory Committees) (MO) House Bill 1079, 86th Legislature (H.B. 1079), requires the department to establish a Ports-to-Plains Advisory Committee and corridor segment committees to assist the department in conducting a comprehensive study of the Ports-to-Plains Corridor. Government Code, §2110.005 requires a state agency to adopt rules that state the purpose and tasks of an advisory committee and that describe the way that the committee will report to the agency. This new rule implements H.B. 1079, provides the information required by §2110.005, and establishes sunset dates for the committees.
Chapter 15 - Financing and Construction of Transportation Projects Amendments to §15.51, Definitions, and §15.55 Construction Cost Participation (Federal, State, and Local Participation) (MO) Senate Bill 2168, 86th Legislature, expanded the Economically Disadvantaged Counties Program to include a county that met the statutory eligibility criteria within the past six years and has been included in no less than five federally declared disasters within that same time period. The amendments conform the administrative rules to the revised statute.
Chapter 1 - Management Amendments to §1.82 and §§1.85 - 1.87, Repeal of §1.88, and New §1.88 (Advisory Committees) (MO) The amendments extend the sunset dates for statutory and department advisory committees and repeal a rule that required a one-time report by each advisory committee.
Review of Rules Consider the re-adoption of Chapter 3, Public Information, Chapter 4, Employment Practices, Chapter 6, State Infrastructure Bank, Chapter 9, Contract and Grant Management, Chapter 12, Public Donation and Participation Program, Chapter 13, Materials Quality, Chapter 22, Use of State Property, Chapter 23, Travel Information, Chapter 25, Traffic Operations, and Chapter 29, Maintenance, in accordance with Government Code, §2001.039 (MO) State law requires a state agency to review each of its rules every four years. After the review, the agency must readopt the rule, readopt the rule with amendments, or repeal the rule. The department reviews its rules on a rotating basis.
Prohibition Order Various Counties - Consider issuing an order prohibiting the operation of certain motor vehicles on Texas Department of Transportation toll projects (MO) Transportation Code, §372.110, authorizes the commission to issue an order prohibiting the operation of a motor vehicle on a department toll project if the registered owner of the vehicle has been finally determined to be a habitual violator, subject to certain notice requirements. A person commits an offense if the person operates a motor vehicle on a toll project in violation of the order. Subsequent offenses may result in impoundment of the vehicle.
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. 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. c. Finance Grimes and Montgomery Counties - Consider the acceptance of the Quarterly Construction Progress Report for the State Highway 249 System (MO) Report of construction progress for the State Highway 249 System (system) as of August 31, 2019. The commission financed a portion of the costs of the system with obligations issued pursuant to a trust agreement dated February 1, 2019, between the commission and U.S. Bank National Association (trustee). Section 407 of the trust agreement requires the commission to cause the general engineering consultant to prepare a construction progress report at least quarterly and to file the report with the trustee and the commission. d. Lease of Buildings Travis County - Consider acknowledging the actions of the executive director concerning a lease agreement for the buildings at 2420 and 2500 Ridgepoint Drive, Austin, Texas, housing toll operations (MO) The Texas Facilities Commission has, pursuant to Government Code, §2167.005, granted the department authority to enter into a lease on behalf of the Toll Operations Division for department-operated or department-supported toll facilities, which include the CTTS and Grand Parkway. 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 9 - Executive Session, Open Comment, & Adjourn
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.