10:00 A.M. CONVENE MEETING
Meeting Guidelines Staff will provide instruction and guidance on procedures for the meeting.
Commission Opening Remarks
Consider the approval of the Minutes of the August 27, 2020, regular meeting of the Texas Transportation Commission
Recognize by resolution Tyler District Engineer Glenn H. Green, P.E., for 34 years of service to the department
Recognize by resolution Fort Worth District Engineer Loyl C. Bussell, P.E., for 32 years of service to the department
Recognize by resolution San Angelo District Engineer Mark E. Jones, P.E., for 24 years of service to the department
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. 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)
Audit Plan Consider the approval of the Internal Audit Plan for Fiscal Year 2021 and determine whether adequate resources have been dedicated to the Internal Audit Program (MO) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The Internal Audit Plan must be approved by the commission. In addition, the commission must review the resources dedicated to the Internal Audit Program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe.
Public Transportation aVarious Counties - Consider the award of federal §5311(f) Formula Grants for Rural Areas Program funds to intercity bus carriers (MO) The awards identified in this minute order reflect the allocation of §5311(f) funds to intercity bus carriers from funds allocated to the state based on the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to prevent, prepare for, and respond to COVID-19.
b. Brazoria and Galveston Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds to Gulf Coast Transit District (MO) The award identified in this minute order reflects the award of §5311 Formula Grants for Rural Areas Program funds, originally awarded to Gulf Coast Center under a prior action of the commission, to Gulf Coast Transit District. Gulf Coast Transit District will serve as the rural transit district providing transit service to the area previously served by Gulf Coast Center.
Chapter 11 - Design Amendments to §§11.403 - 11.406 and 11.411 (Transportation Alternatives Set-Aside Program) (MO) This minute order amends current Transportation Alternatives Set-Aside Program rules to encourage and improve project proposals from areas under 50,000 in population, reduce the department’s risk of federal funds lapsing in the nonurban funding category, streamline project delivery, and improve the likelihood of successful completion of awarded projects. Changes to the rules regarding eligible activities, allowable costs, local match, and MPO and department project selection are proposed.
Chapter 27 - Toll Projects New §27.86, Veteran Discount Program (Operation of Department Toll Projects) (MO) S.B. 1091, 86th Legislature, Regular Session, 2019, amended Transportation Code, §372.053, related to the Veteran Discount Program. The amendments provide that a toll project entity may limit the number of transponders (tags) issued to a participant in the entity’s program. A toll project entity that adopts a limit shall allow a participant to be issued one extra transponder on a demonstration of hardship by the participant, as determined by the entity. New §27.86 describes the method by which the department will implement these statutory provisions.
Final Rule Adoption Chapter 1 - Management Amendments to §1.84, Statutory Advisory Committees (Advisory Committees) (MO) Senate Bill 1959 (SB 1959), 86th Legislature, amended Transportation Code §55.008 to require the Port Authority Advisory Committee (PAAC) to prepare a two-year maritime port mission plan. Previously, the PAAC was required to prepare both a port mission plan and a port capital program. The proposed amendments modify the reporting requirements for the PAAC in accordance with the changes made by SB 1959.
Maritime Consider the approval of the Gulf Intracoastal Waterway Report (MO) The Gulf Intracoastal Waterway (GIWW) is an important component of the Texas multimodal transportation system. The department is the non-federal sponsor of the GIWW and works closely with the U.S. Army Corps of Engineers on the GIWW and other Texas waterways issues. State law requires the commission to continually evaluate the impact of the GIWW on the state and to publish and present a report to each regular session of the legislature.
State Infrastructure Bank Collin County - Bear Creek Special Utility District - Consider final approval of a request from Bear Creek Special Utility District for a State Infrastructure Bank loan in the amount of up to $3,000,000 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project on SH 205 in Collin County, Texas (MO) Bear Creek Special Utility District (SUD) will secure the loan with a pledge of contract revenues under a utility agreement between the SUD and the department, as well as operating revenues. The loan will be used to pay the SUD’s costs associated with the utility relocation necessary for a non-tolled state highway improvement project on SH 205 in Collin County, Texas.
State Infrastructure Bank (continued) El Paso County - El Paso County - Consider final approval of a request from El Paso County for a State Infrastructure Bank loan in the amount of up to $4,600,000 to pay for the costs of construction necessary for a non-tolled, off-system project to widen Pellicano Drive, add bike lanes, pedestrian walkways, and landscaping, and connect to Loop 375 in El Paso County, Texas (MO) El Paso County (County) will secure the loan with a pledge of ad-valorem tax revenues. The loan will be used to pay the County’s costs associated with the construction of a non-tolled, off-system project to widen Pellicano Drive, add bike lanes, pedestrian walkways, and landscaping, and connect to Loop 375 in El Paso County, Texas.
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 commissionto 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) Collin County - US 75 - 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. (2) Harris County - I-45 - 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 Routine Minute Orders and Reports (continued) b. Real Estate Dispositions (continued) (3) Kaufman County - SH 34 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Kaufman, Texas (MO) The district has determined that a segment of roadway is no longer needed as part of the system. The city has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes and will revert to the state if it ceases to be used for public road purposes. (4) Kaufman County - FM 1388 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Kaufman, Texas (MO) The district has determined that a segment of roadway is no longer needed as part of the system. The city has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes and will revert to the state if it ceases to be used for public road purposes. (5) Tarrant County - SH 360 - 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. 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) Dallas and Denton Counties - Annual Inspection Report for the I-35E Managed Lanes Project (Report) The commission financed a portion of the costs of the project through a Transportation Infrastructure Finance and Innovation Act loan evidenced by a note issued pursuant to a trust agreement. In accordance with Section 504 of the trust agreement, the commission caused the general engineering consultant to make an inspection of the project on or before the 90th day prior to the end of the fiscal year and to submit a report to the commission. A copy of the report shall be filed with the trustee. d. Highway Designation Bell County - Near the city of Rogers, consider designating a segment of FM 437 on a new location and redesignating a segment of FM 437 as FM Spur 437 (MO) This minute order designates a segment of FM 437 along a new location from 0.79 miles south of New Colony Road to 1.14 miles south of New Colony Road, a distance of approximately 0.4 miles; and redesignates a segment of FM 437 as FM Spur 437 from 0.8 miles south of New Colony Road to 1.17 miles south of New Colony Road, a distance of approximately 0.6 miles. Routine Minute Orders and Reports (continued) e. 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 by the 86th Legislature, General Appropriations Act for the 2020-21 Biennium. The department requests the commission’s authorization to enter into purchase contracts and related documents to complete the acquisition of the listed properties. 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
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.
Item 12 - Executive Session, Open Comment, & Adjourn
12. Executive Session Pursuant to Government Code, Chapter 551 Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN
10:00 A.M. CONVENE MEETING
Meeting Guidelines Staff will provide instruction and guidance on procedures for the meeting.
Commission Opening Remarks
Consider the approval of the Minutes of the August 27, 2020, regular meeting of the Texas Transportation Commission
Recognize by resolution Tyler District Engineer Glenn H. Green, P.E., for 34 years of service to the department
Recognize by resolution Fort Worth District Engineer Loyl C. Bussell, P.E., for 32 years of service to the department
Recognize by resolution San Angelo District Engineer Mark E. Jones, P.E., for 24 years of service to the department
Contracts Consider the award or rejection of contracts for highway construction and maintenance, and construction and rehabilitation of buildings These proposed minute orders contain information concerning the receipt of bids for highway improvement contracts. The department may reschedule receipt of bids for those projects where the commission rejects all bids. Those bids accepted by the commission will result in conditional contract awards to the low bidders. Contract award conditions may involve securing funding from other sources, the contractor's ability to satisfy federal DBE subcontracting requirements, or other requirements as outlined in the project bid proposal. 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)
Audit Plan Consider the approval of the Internal Audit Plan for Fiscal Year 2021 and determine whether adequate resources have been dedicated to the Internal Audit Program (MO) State law requires the internal auditor to create an annual audit plan that is prepared using risk assessment techniques and that identifies the individual audits to be conducted during the year. The Internal Audit Plan must be approved by the commission. In addition, the commission must review the resources dedicated to the Internal Audit Program and determine if adequate resources exist to ensure that risks identified in the annual risk assessment are covered in a reasonable timeframe.
Public Transportation aVarious Counties - Consider the award of federal §5311(f) Formula Grants for Rural Areas Program funds to intercity bus carriers (MO) The awards identified in this minute order reflect the allocation of §5311(f) funds to intercity bus carriers from funds allocated to the state based on the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to prevent, prepare for, and respond to COVID-19.
b. Brazoria and Galveston Counties - Consider the award of federal §5311 Formula Grants for Rural Areas Program funds to Gulf Coast Transit District (MO) The award identified in this minute order reflects the award of §5311 Formula Grants for Rural Areas Program funds, originally awarded to Gulf Coast Center under a prior action of the commission, to Gulf Coast Transit District. Gulf Coast Transit District will serve as the rural transit district providing transit service to the area previously served by Gulf Coast Center.
Chapter 11 - Design Amendments to §§11.403 - 11.406 and 11.411 (Transportation Alternatives Set-Aside Program) (MO) This minute order amends current Transportation Alternatives Set-Aside Program rules to encourage and improve project proposals from areas under 50,000 in population, reduce the department’s risk of federal funds lapsing in the nonurban funding category, streamline project delivery, and improve the likelihood of successful completion of awarded projects. Changes to the rules regarding eligible activities, allowable costs, local match, and MPO and department project selection are proposed.
Chapter 27 - Toll Projects New §27.86, Veteran Discount Program (Operation of Department Toll Projects) (MO) S.B. 1091, 86th Legislature, Regular Session, 2019, amended Transportation Code, §372.053, related to the Veteran Discount Program. The amendments provide that a toll project entity may limit the number of transponders (tags) issued to a participant in the entity’s program. A toll project entity that adopts a limit shall allow a participant to be issued one extra transponder on a demonstration of hardship by the participant, as determined by the entity. New §27.86 describes the method by which the department will implement these statutory provisions.
Final Rule Adoption Chapter 1 - Management Amendments to §1.84, Statutory Advisory Committees (Advisory Committees) (MO) Senate Bill 1959 (SB 1959), 86th Legislature, amended Transportation Code §55.008 to require the Port Authority Advisory Committee (PAAC) to prepare a two-year maritime port mission plan. Previously, the PAAC was required to prepare both a port mission plan and a port capital program. The proposed amendments modify the reporting requirements for the PAAC in accordance with the changes made by SB 1959.
Maritime Consider the approval of the Gulf Intracoastal Waterway Report (MO) The Gulf Intracoastal Waterway (GIWW) is an important component of the Texas multimodal transportation system. The department is the non-federal sponsor of the GIWW and works closely with the U.S. Army Corps of Engineers on the GIWW and other Texas waterways issues. State law requires the commission to continually evaluate the impact of the GIWW on the state and to publish and present a report to each regular session of the legislature.
State Infrastructure Bank Collin County - Bear Creek Special Utility District - Consider final approval of a request from Bear Creek Special Utility District for a State Infrastructure Bank loan in the amount of up to $3,000,000 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project on SH 205 in Collin County, Texas (MO) Bear Creek Special Utility District (SUD) will secure the loan with a pledge of contract revenues under a utility agreement between the SUD and the department, as well as operating revenues. The loan will be used to pay the SUD’s costs associated with the utility relocation necessary for a non-tolled state highway improvement project on SH 205 in Collin County, Texas.
State Infrastructure Bank (continued) El Paso County - El Paso County - Consider final approval of a request from El Paso County for a State Infrastructure Bank loan in the amount of up to $4,600,000 to pay for the costs of construction necessary for a non-tolled, off-system project to widen Pellicano Drive, add bike lanes, pedestrian walkways, and landscaping, and connect to Loop 375 in El Paso County, Texas (MO) El Paso County (County) will secure the loan with a pledge of ad-valorem tax revenues. The loan will be used to pay the County’s costs associated with the construction of a non-tolled, off-system project to widen Pellicano Drive, add bike lanes, pedestrian walkways, and landscaping, and connect to Loop 375 in El Paso County, Texas.
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 commissionto 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) Collin County - US 75 - 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. (2) Harris County - I-45 - 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 Routine Minute Orders and Reports (continued) b. Real Estate Dispositions (continued) (3) Kaufman County - SH 34 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Kaufman, Texas (MO) The district has determined that a segment of roadway is no longer needed as part of the system. The city has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes and will revert to the state if it ceases to be used for public road purposes. (4) Kaufman County - FM 1388 - Consider the removal from the system, transfer of jurisdiction, control, and maintenance, and transfer of right of way to the City of Kaufman, Texas (MO) The district has determined that a segment of roadway is no longer needed as part of the system. The city has agreed to assume jurisdiction, control, and maintenance and has requested that the right of way be transferred to the city. The right of way may be transferred to the city without cost to remain in use for public road purposes and will revert to the state if it ceases to be used for public road purposes. (5) Tarrant County - SH 360 - 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. 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) Dallas and Denton Counties - Annual Inspection Report for the I-35E Managed Lanes Project (Report) The commission financed a portion of the costs of the project through a Transportation Infrastructure Finance and Innovation Act loan evidenced by a note issued pursuant to a trust agreement. In accordance with Section 504 of the trust agreement, the commission caused the general engineering consultant to make an inspection of the project on or before the 90th day prior to the end of the fiscal year and to submit a report to the commission. A copy of the report shall be filed with the trustee. d. Highway Designation Bell County - Near the city of Rogers, consider designating a segment of FM 437 on a new location and redesignating a segment of FM 437 as FM Spur 437 (MO) This minute order designates a segment of FM 437 along a new location from 0.79 miles south of New Colony Road to 1.14 miles south of New Colony Road, a distance of approximately 0.4 miles; and redesignates a segment of FM 437 as FM Spur 437 from 0.8 miles south of New Colony Road to 1.17 miles south of New Colony Road, a distance of approximately 0.6 miles. Routine Minute Orders and Reports (continued) e. 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 by the 86th Legislature, General Appropriations Act for the 2020-21 Biennium. The department requests the commission’s authorization to enter into purchase contracts and related documents to complete the acquisition of the listed properties. 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
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.
Item 12 - Executive Session, Open Comment, & Adjourn
12. Executive Session Pursuant to Government Code, Chapter 551 Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period. ADJOURN