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 December 11, 2019, workshop meeting and the December 12, 2019, regular meeting of the Texas Transportation Commission
Additional Item
Discussion Items Deferred Potential update to the 2020 Unified Transportation Program (UTP) (Presentation) The UTP is a 10-year statewide plan for transportation project development. Staff will facilitate a discussion of a potential update to the 2020 UTP.
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. Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Routine Maintenance (see attached itemized list) (MO)
Development of 2021 Unified Transportation Program (UTP) planning targets (Presentation) The UTP is a 10-year statewide plan for transportation project development. The purpose of this presentation is to facilitate a discussion of the 2021 UTP planning targets and investment strategy. The outcome will be a guidance document to be distributed to department districts, metropolitan planning organizations, and other planning partners for the development of the 2021 UTP.
Public Transportation Various Counties - Consider the award of federal funding for projects submitted in the department's 2019 Safe Routes to School and Transportation Alternatives Set-Aside call for projects (MO) (Presentation) The Safe Routes to School (SRTS) program administered by the department provides funding to construct a variety of infrastructure and non-infrastructure projects that benefit elementary and middle school children in grades K-8. This minute order approves residual federal SRTS funds for selected bicycle and pedestrian infrastructure projects located within two miles of schools serving elementary and/or middle school students. Projects include design and construction of on- and off-road pedestrian and bicycle accommodations that enhance safe non-motorized access to schools. The Transportation Alternatives Set-Aside (TASA) program administered by the department provides funding to construct a variety of alternative transportation projects that improve mobility for non-motorized users and provide safer accommodations for all roadway users. This minute order approves federal TASA funds for selected bicycle and pedestrian projects in population areas of 5,000 or less. Projects include construction of on- and off-road pedestrian and bicycle accommodations, including sidewalks, shared use paths, and bicycle lanes.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Rule Adoptions Chapter 2 - Environmental Review of Transportation Projects Amendments to §2.3, Applicability; Exceptions (General Provisions) (MO) The amendments revise the applicability of the department’s Chapter 2 environmental review rules to more closely align with the applicable state statutes, which do not require the department to conduct an environmental review of projects that are not federally funded and not on the state highway system or other department-owned property.
Chapter 7 - Rail Facilities Amendments to §7.81 and §7.82, the repeal of §§7.83 - 7.95, and new §§7.83 - 7.96 (Rail Fixed Guideway System State Safety Oversight Program) (MO) The department is revising its current rules regarding the oversight of a rail transit agency’s rail fixed guideway system to implement requirements of the federal State Safety Oversight Final Rule codified in 49 C.F.R. Part 674. The revisions add new definitions, outline public transportation agency safety plan requirements, and clarify monthly reporting requirements.
Chapter 31 - Public Transportation Amendments to §31.3, Definitions (General), and §31.38, Public Transit Safety Program (Program Administration) (MO) The department is amending its current public transit safety program rules to add definitions, specify applicability, outline safety plan requirements, detail approval requirements, and identify record-keeping requirements to implement the requirements of the federal Public Transportation Agency Safety Plan Final Rule codified in 49 C.F.R. Part 673. The department is also adding definitions to implement House Bill 71, 86th Legislature.
Chapter 9 - Contract and Grant Management Amendments to §9.17, Award of Contract (Highway Improvement Contracts) and §9.227, Information from Bidders (Disadvantaged Business Enterprise (DBE) Program) (MO) The amendments are necessary to improve the collection of required information related to Disadvantaged Business Enterprises and participation in the Department of Homeland Security’s E-Verify system.
Chapter 11 - Design Amendments to §11.52, Access Connection Facilities Process (Access Connections to State Highways) (MO) The amendments modify the approval authority for driveway permits within a district and make a minor modification to a reference to the department's Access Management Manual.
Chapter 21 - Right of Way New §21.25, State Participation in the Relocation of Certain Publicly- Owned Utility Facilities (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
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 8A. 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. 8B. Real Estate Dispositions (1) Ellis County - US 77S - Consider the sale of right of way to Ellis County (MO) The district has determined that the land is no longer needed for highway purposes. Ellis County (County) has requested to purchase the land and it may be sold to the County. (2) Tarrant County - SH 287/US 81 - Consider an easement release to the underlying fee owners (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owners. (3) Tarrant County - SH 287/US 81 - Consider an easement release to the underlying fee owners (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owners 8C. 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 2020 letting allocation, the actual allocation utilized through the current month, and 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 2020 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly Cash Report Quarterly report on FY 2020 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. (4) Texas Department of Transportation Comprehensive Annual Financial Report (with Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2019 (Report) State law requires that a state agency prepare an annual financial report regarding the agency’s use of appropriated money during the preceding fiscal year. In addition, the department is required to have an independent certified public accountant audit the department's books and accounts for each toll project or system at least annually. (5) Quarterly Investment Report Quarterly Investment Report for all of the funds invested at the direction of the commission (Report) Presentation of the Quarterly Investment Report for the investment of: (1) funds held by the Bank of New York Mellon, as trustee, under the Indenture of Trust securing the Central Texas Turnpike System toll revenue obligations; (2) funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; (3) funds held by Amegy Bank, a Division of ZB, National Association, as trustee, under the Trust Agreement securing the IH 35E Managed Lanes Project toll revenue obligations; and (4) funds held by U.S. Bank National Association, as trustee, under the Master Trust Agreement securing the SH 249 System toll revenue obligations. 8D. Finance (1) Texas Mobility Fund Consider the acceptance of the audited financial statements of the Texas Mobility Fund as required by the governing master resolution (MO) The master resolution governing the issuance of Texas Mobility Fund (TMF) bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2019. (2) Central Texas Turnpike System Travis and Williamson Counties - Consider the acceptance of the audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (MO) The Indenture of Trust (Indenture) that prescribes the terms for bonds and obligations issued to finance the 2002 Project of the Central Texas Turnpike System, a toll project comprised of the SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2019. (3) Central Texas Turnpike System Travis and Williamson Counties - Consider the acceptance of the Voluntary Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System (MO) This minute order accepts the Voluntary Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System as of November 30, 2019. 8E. Rail Clearance Deviations Consider the approval of rail clearance deviations (MO) This minute order authorizes approval of applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. f. Land Acquisitions for Facilities Various Counties - Consider the grant of authority to the department to acquire real property for facilities (MO) The department is in the process of acquiring real property for the construction of new facilities and the expansion of existing facility sites. Funds for the purchase of these properties were appropriated in the General Appropriations Bill, HB 1, 86th Legislature. The department requests the commission’s authorization to enter into purchase contracts and related documents to complete the acquisition of the listed properties. g. 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. 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.
Commission Opening Remarks
Consider the approval of the Minutes of the December 11, 2019, workshop meeting and the December 12, 2019, regular meeting of the Texas Transportation Commission
Additional Item
Discussion Items Deferred Potential update to the 2020 Unified Transportation Program (UTP) (Presentation) The UTP is a 10-year statewide plan for transportation project development. Staff will facilitate a discussion of a potential update to the 2020 UTP.
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. Highway Improvement and Other Transportation Facilities (see attached itemized list) (MO)
Routine Maintenance (see attached itemized list) (MO)
Development of 2021 Unified Transportation Program (UTP) planning targets (Presentation) The UTP is a 10-year statewide plan for transportation project development. The purpose of this presentation is to facilitate a discussion of the 2021 UTP planning targets and investment strategy. The outcome will be a guidance document to be distributed to department districts, metropolitan planning organizations, and other planning partners for the development of the 2021 UTP.
Public Transportation Various Counties - Consider the award of federal funding for projects submitted in the department's 2019 Safe Routes to School and Transportation Alternatives Set-Aside call for projects (MO) (Presentation) The Safe Routes to School (SRTS) program administered by the department provides funding to construct a variety of infrastructure and non-infrastructure projects that benefit elementary and middle school children in grades K-8. This minute order approves residual federal SRTS funds for selected bicycle and pedestrian infrastructure projects located within two miles of schools serving elementary and/or middle school students. Projects include design and construction of on- and off-road pedestrian and bicycle accommodations that enhance safe non-motorized access to schools. The Transportation Alternatives Set-Aside (TASA) program administered by the department provides funding to construct a variety of alternative transportation projects that improve mobility for non-motorized users and provide safer accommodations for all roadway users. This minute order approves federal TASA funds for selected bicycle and pedestrian projects in population areas of 5,000 or less. Projects include construction of on- and off-road pedestrian and bicycle accommodations, including sidewalks, shared use paths, and bicycle lanes.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Rule Adoptions Chapter 2 - Environmental Review of Transportation Projects Amendments to §2.3, Applicability; Exceptions (General Provisions) (MO) The amendments revise the applicability of the department’s Chapter 2 environmental review rules to more closely align with the applicable state statutes, which do not require the department to conduct an environmental review of projects that are not federally funded and not on the state highway system or other department-owned property.
Chapter 7 - Rail Facilities Amendments to §7.81 and §7.82, the repeal of §§7.83 - 7.95, and new §§7.83 - 7.96 (Rail Fixed Guideway System State Safety Oversight Program) (MO) The department is revising its current rules regarding the oversight of a rail transit agency’s rail fixed guideway system to implement requirements of the federal State Safety Oversight Final Rule codified in 49 C.F.R. Part 674. The revisions add new definitions, outline public transportation agency safety plan requirements, and clarify monthly reporting requirements.
Chapter 31 - Public Transportation Amendments to §31.3, Definitions (General), and §31.38, Public Transit Safety Program (Program Administration) (MO) The department is amending its current public transit safety program rules to add definitions, specify applicability, outline safety plan requirements, detail approval requirements, and identify record-keeping requirements to implement the requirements of the federal Public Transportation Agency Safety Plan Final Rule codified in 49 C.F.R. Part 673. The department is also adding definitions to implement House Bill 71, 86th Legislature.
Chapter 9 - Contract and Grant Management Amendments to §9.17, Award of Contract (Highway Improvement Contracts) and §9.227, Information from Bidders (Disadvantaged Business Enterprise (DBE) Program) (MO) The amendments are necessary to improve the collection of required information related to Disadvantaged Business Enterprises and participation in the Department of Homeland Security’s E-Verify system.
Chapter 11 - Design Amendments to §11.52, Access Connection Facilities Process (Access Connections to State Highways) (MO) The amendments modify the approval authority for driveway permits within a district and make a minor modification to a reference to the department's Access Management Manual.
Chapter 21 - Right of Way New §21.25, State Participation in the Relocation of Certain Publicly- Owned Utility Facilities (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
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 8A. 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. 8B. Real Estate Dispositions (1) Ellis County - US 77S - Consider the sale of right of way to Ellis County (MO) The district has determined that the land is no longer needed for highway purposes. Ellis County (County) has requested to purchase the land and it may be sold to the County. (2) Tarrant County - SH 287/US 81 - Consider an easement release to the underlying fee owners (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owners. (3) Tarrant County - SH 287/US 81 - Consider an easement release to the underlying fee owners (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owners 8C. 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 2020 letting allocation, the actual allocation utilized through the current month, and 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 2020 letting allocation and will also provide the anticipated effect on the letting allocation of remaining proposed highway maintenance and construction letting. (3) Quarterly Cash Report Quarterly report on FY 2020 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. (4) Texas Department of Transportation Comprehensive Annual Financial Report (with Independent Auditor’s Report) for the Fiscal Year Ended August 31, 2019 (Report) State law requires that a state agency prepare an annual financial report regarding the agency’s use of appropriated money during the preceding fiscal year. In addition, the department is required to have an independent certified public accountant audit the department's books and accounts for each toll project or system at least annually. (5) Quarterly Investment Report Quarterly Investment Report for all of the funds invested at the direction of the commission (Report) Presentation of the Quarterly Investment Report for the investment of: (1) funds held by the Bank of New York Mellon, as trustee, under the Indenture of Trust securing the Central Texas Turnpike System toll revenue obligations; (2) funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; (3) funds held by Amegy Bank, a Division of ZB, National Association, as trustee, under the Trust Agreement securing the IH 35E Managed Lanes Project toll revenue obligations; and (4) funds held by U.S. Bank National Association, as trustee, under the Master Trust Agreement securing the SH 249 System toll revenue obligations. 8D. Finance (1) Texas Mobility Fund Consider the acceptance of the audited financial statements of the Texas Mobility Fund as required by the governing master resolution (MO) The master resolution governing the issuance of Texas Mobility Fund (TMF) bonds requires the preparation of an audited financial report of the TMF for each fiscal year. Audited financial statements have been prepared for FY 2019. (2) Central Texas Turnpike System Travis and Williamson Counties - Consider the acceptance of the audited financial statements of the Central Texas Turnpike System (CTTS), as required by the CTTS Indenture of Trust (MO) The Indenture of Trust (Indenture) that prescribes the terms for bonds and obligations issued to finance the 2002 Project of the Central Texas Turnpike System, a toll project comprised of the SH 130, Segments 1-4, SH 45N, SH 45SE, and Loop 1 project elements, requires the preparation of a financial report of the results of operation of the system for each fiscal year. Audited financial statements meeting the requirements of the Indenture have been prepared for FY 2019. (3) Central Texas Turnpike System Travis and Williamson Counties - Consider the acceptance of the Voluntary Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System (MO) This minute order accepts the Voluntary Quarterly Report of Actual Traffic and Toll Revenue for the Central Texas Turnpike System as of November 30, 2019. 8E. Rail Clearance Deviations Consider the approval of rail clearance deviations (MO) This minute order authorizes approval of applications for rail clearance deviations, which are waivers from clearance provisions for structures over and alongside railway tracks. f. Land Acquisitions for Facilities Various Counties - Consider the grant of authority to the department to acquire real property for facilities (MO) The department is in the process of acquiring real property for the construction of new facilities and the expansion of existing facility sites. Funds for the purchase of these properties were appropriated in the General Appropriations Bill, HB 1, 86th Legislature. The department requests the commission’s authorization to enter into purchase contracts and related documents to complete the acquisition of the listed properties. g. 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. 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