9:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Open Comment and Commission Opening Remarks
Open Comment and Commission Opening Remarks
Consider the approval of the Minutes of the January 30, 2020, 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 (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)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Discussion Item Potential update to the 2020 Unified Transportation Program (Presentation) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. Staff will facilitate a discussion of a potential update to the 2020 UTP.
Advisory Committee Appointment Consider the appointment of members to the Port Authority Advisory Committee (MO) This minute order approves appointment of members to the Port Authority Advisory Committee to fill vacated terms. The purpose of the committee, created by state law, 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.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding, federal apportionment grant funding, and state grant funding for airport improvement projects at various locations (MO) (Presentation) Federal law authorizes the award of federal non-primary entitlement grant funding and federal apportionment 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.
Public Transportation Various Counties - Consider the award of federal §5339 and §5311 funds and state funds to various rural transit districts for transit vehicles and facilities (MO) The awards identified in this minute order reflect the allocation of funding to various rural transit districts for the replacement of transit vehicles as well as facility development and rehabilitation. The department was successful in receiving federal discretionary §5339(b) funds for the purpose of replacing transit vehicles beyond their useful life, completing one facility rehabilitation project, and bringing specified ongoing facility projects through the preconstruction phases. The department is also contributing additional §5311 funds and state funds to the projects to ensure a state of good repair through 2021.
Various Counties - Consider the award of federal §5311(b)(3) grant funds to Lower Rio Grande Valley Development Council (MO) The award identified in this minute order reflects the allocation of §5311(b)(3) Rural Transportation Assistance Program funds to Lower Rio Grande Valley Development Council for the 2020 Texas Transit Association Safety Roadeo and Conference training activities.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Rules Proposal Chapter 3 - Public Information Amendments to §3.11, Definitions, §3.12, Public Access, and §3.13, Waiver of Fees for Certain Copies of Official Records (Access to Official Records) (MO) Senate Bill 944, 86th Legislature, added Government Code, §552.234, relating to the methods of making written requests for public information. The rule amendments specify the proper methods of making an open records request to the department. The amendments also clarify the process by which documents relating to certain internal complaints will be provided without charge.
Promulgation of Administrative Rules (continued) 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 (HB 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 HB 4280.
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, Section 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.
Lease Agreement Travis County - US 183 - Consider authorizing the department to enter into a lease agreement with ATX Helps, a Texas domestic nonprofit corporation, to lease land on US 183 (MO) This minute order authorizes the department to enter into a lease of real property with ATX Helps, a Texas domestic nonprofit corporation, which real property is to be used as a shelter for persons experiencing homelessness in the Austin area. The commission will consider waiving the fair market value requirement for social mitigation purposes.
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. It must also approve, accept, and acknowledge donations to the state of real property that is valued at $500 or more. (1) Bexar County - PA 1502 (Wurzbach Parkway) - Consider an easement release to the underlying fee owner (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owner. (2) Bexar County - SS 53 - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land, and it may be sold to the requester. (3) Lubbock County - SL 289 - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land, and it may be sold to the requester. 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) Grand Parkway Transportation Corporation Annual report on the status of projects and activities undertaken by the Grand Parkway Transportation Corporation (Report) The commission's rules (43 Texas Administrative Code §15.90) require transportation corporations to submit a report on the status of projects and appear annually before the commission to discuss the report at the commission's discretion. To satisfy this requirement, the Grand Parkway Transportation Corporation has submitted the annual report to the commission and is appearing to discuss at the commission's discretion. d. Finance (1) State Highway 249 System i. Grimes and Montgomery Counties - Consider accepting the Quarterly Construction Progress Report for the State Highway 249 System (MO) Report of construction progress for the State Highway 249 System (system) from September 1, 2019 to November 30, 2019. Under provisions of the Master Trust Agreement for the system, dated February 1, 2019, the commission is required 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. Finance (continued) (1) State Highway 249 System (continued) ii. Grimes and Montgomery Counties - Consider accepting the Annual Continuing Disclosure Report for the State Highway 249 System (MO) Under provisions of the Master Trust Agreement for the State Highway 249 System, dated February 1, 2019, the commission has agreed to provide annual updates for certain operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (2) State Highway Fund Consider accepting the Annual Continuing Disclosure Report for the State Highway Fund revenue bond program (MO) Under provisions of the Supplemental Resolutions to the Master Resolution establishing the State Highway Fund revenue bond program, the commission has agreed to provide annual updates for certain operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (3) Texas Mobility Fund Consider accepting the Annual Continuing Disclosure Report for the Texas Mobility Fund bond program (MO) Under provisions of the Supplemental Resolutions to the Master Resolution establishing the Texas Mobility Fund bond program, the commission has agreed to provide annual updates for certain operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (4) Central Texas Turnpike System Travis and Williamson Counties - Consider accepting the Annual Continuing Disclosure Report for the Central Texas Turnpike System (MO) Under provisions of the Indenture of Trust for the Central Texas Turnpike System, the commission has agreed to provide annual updates for certain operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. e. Transportation Planning (1) Grayson County - Consider designating proposed FM Spur 121 (Grayson Parkway) on a new location on the state highway system (MO) This minute order designates FM Spur 121 (Grayson Parkway) on a new location from FM 121, approximately four miles west of SH 289 southward to County Road 60 (Grayson County line), a distance of approximately 4.5 miles. (2) Various Counties - Consider the approval of the Fiscal Year 2019 Annual Report on the Economically Disadvantaged Counties Program (MO) State law requires the commission to provide an annual report on the Economically Disadvantaged Counties Program to the governor, the lieutenant governor, and the speaker of the House of Representatives. This report documents the use of matching funds and local incentives as well as the savings to counties participating in the program. Routine Minute Orders and Reports (continued) e. Transportation Planning (continued) (3) Various Counties - Consider 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 project 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. 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 13 - 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.
Open Comment and Commission Opening Remarks
Open Comment and Commission Opening Remarks
Consider the approval of the Minutes of the January 30, 2020, 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 (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)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Discussion Item Potential update to the 2020 Unified Transportation Program (Presentation) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. Staff will facilitate a discussion of a potential update to the 2020 UTP.
Advisory Committee Appointment Consider the appointment of members to the Port Authority Advisory Committee (MO) This minute order approves appointment of members to the Port Authority Advisory Committee to fill vacated terms. The purpose of the committee, created by state law, 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.
Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding, federal apportionment grant funding, and state grant funding for airport improvement projects at various locations (MO) (Presentation) Federal law authorizes the award of federal non-primary entitlement grant funding and federal apportionment 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.
Public Transportation Various Counties - Consider the award of federal §5339 and §5311 funds and state funds to various rural transit districts for transit vehicles and facilities (MO) The awards identified in this minute order reflect the allocation of funding to various rural transit districts for the replacement of transit vehicles as well as facility development and rehabilitation. The department was successful in receiving federal discretionary §5339(b) funds for the purpose of replacing transit vehicles beyond their useful life, completing one facility rehabilitation project, and bringing specified ongoing facility projects through the preconstruction phases. The department is also contributing additional §5311 funds and state funds to the projects to ensure a state of good repair through 2021.
Various Counties - Consider the award of federal §5311(b)(3) grant funds to Lower Rio Grande Valley Development Council (MO) The award identified in this minute order reflects the allocation of §5311(b)(3) Rural Transportation Assistance Program funds to Lower Rio Grande Valley Development Council for the 2020 Texas Transit Association Safety Roadeo and Conference training activities.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Rules Proposal Chapter 3 - Public Information Amendments to §3.11, Definitions, §3.12, Public Access, and §3.13, Waiver of Fees for Certain Copies of Official Records (Access to Official Records) (MO) Senate Bill 944, 86th Legislature, added Government Code, §552.234, relating to the methods of making written requests for public information. The rule amendments specify the proper methods of making an open records request to the department. The amendments also clarify the process by which documents relating to certain internal complaints will be provided without charge.
Promulgation of Administrative Rules (continued) 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 (HB 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 HB 4280.
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, Section 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.
Lease Agreement Travis County - US 183 - Consider authorizing the department to enter into a lease agreement with ATX Helps, a Texas domestic nonprofit corporation, to lease land on US 183 (MO) This minute order authorizes the department to enter into a lease of real property with ATX Helps, a Texas domestic nonprofit corporation, which real property is to be used as a shelter for persons experiencing homelessness in the Austin area. The commission will consider waiving the fair market value requirement for social mitigation purposes.
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. It must also approve, accept, and acknowledge donations to the state of real property that is valued at $500 or more. (1) Bexar County - PA 1502 (Wurzbach Parkway) - Consider an easement release to the underlying fee owner (MO) The district has determined that the easement is no longer needed for highway purposes. The easement may be released to the underlying fee owner. (2) Bexar County - SS 53 - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land, and it may be sold to the requester. (3) Lubbock County - SL 289 - Consider the sale of right of way to an abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. An abutting landowner has requested to purchase the land, and it may be sold to the requester. 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) Grand Parkway Transportation Corporation Annual report on the status of projects and activities undertaken by the Grand Parkway Transportation Corporation (Report) The commission's rules (43 Texas Administrative Code §15.90) require transportation corporations to submit a report on the status of projects and appear annually before the commission to discuss the report at the commission's discretion. To satisfy this requirement, the Grand Parkway Transportation Corporation has submitted the annual report to the commission and is appearing to discuss at the commission's discretion. d. Finance (1) State Highway 249 System i. Grimes and Montgomery Counties - Consider accepting the Quarterly Construction Progress Report for the State Highway 249 System (MO) Report of construction progress for the State Highway 249 System (system) from September 1, 2019 to November 30, 2019. Under provisions of the Master Trust Agreement for the system, dated February 1, 2019, the commission is required 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. Finance (continued) (1) State Highway 249 System (continued) ii. Grimes and Montgomery Counties - Consider accepting the Annual Continuing Disclosure Report for the State Highway 249 System (MO) Under provisions of the Master Trust Agreement for the State Highway 249 System, dated February 1, 2019, the commission has agreed to provide annual updates for certain operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (2) State Highway Fund Consider accepting the Annual Continuing Disclosure Report for the State Highway Fund revenue bond program (MO) Under provisions of the Supplemental Resolutions to the Master Resolution establishing the State Highway Fund revenue bond program, the commission has agreed to provide annual updates for certain operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (3) Texas Mobility Fund Consider accepting the Annual Continuing Disclosure Report for the Texas Mobility Fund bond program (MO) Under provisions of the Supplemental Resolutions to the Master Resolution establishing the Texas Mobility Fund bond program, the commission has agreed to provide annual updates for certain operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. (4) Central Texas Turnpike System Travis and Williamson Counties - Consider accepting the Annual Continuing Disclosure Report for the Central Texas Turnpike System (MO) Under provisions of the Indenture of Trust for the Central Texas Turnpike System, the commission has agreed to provide annual updates for certain operating and financial information provided in the official statements. Updates are due within six months of each fiscal year end. e. Transportation Planning (1) Grayson County - Consider designating proposed FM Spur 121 (Grayson Parkway) on a new location on the state highway system (MO) This minute order designates FM Spur 121 (Grayson Parkway) on a new location from FM 121, approximately four miles west of SH 289 southward to County Road 60 (Grayson County line), a distance of approximately 4.5 miles. (2) Various Counties - Consider the approval of the Fiscal Year 2019 Annual Report on the Economically Disadvantaged Counties Program (MO) State law requires the commission to provide an annual report on the Economically Disadvantaged Counties Program to the governor, the lieutenant governor, and the speaker of the House of Representatives. This report documents the use of matching funds and local incentives as well as the savings to counties participating in the program. Routine Minute Orders and Reports (continued) e. Transportation Planning (continued) (3) Various Counties - Consider 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 project 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. 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 13 - 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