10:00 A.M. CONVENE MEETING
Meeting Guidelines Staff will provide instruction and guidance on procedures for the meeting
Consider the approval of the Minutes of the February 24, 2021, special meeting and the February 25, 2021, 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)
Highway Improvement and Other Transportation Facilities Rescind award of and reject Hays County Project CC 113-7-75, previously awarded February 25, 2021, by Minute Order 115941 (see attached itemized list) (MO) It is necessary to rescind the previous award of Hays County Project CC 113-7-75 and reject all bids on the respective project in the best interest of the state.
Routine Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Texas-Mexico Border Transportation Master Plan 2021 Consider the adoption of the Texas-Mexico Border Transportation Master Plan 2021 (MO) (Presentation) The Texas-Mexico Border Transportation Master Plan 2021 (BTMP 2021) is a comprehensive, multimodal, and binational plan that identifies transportation issues, needs, and challenges of moving people and goods through the Texas-Mexico border and beyond. The plan outlines policy, program, and project recommendations and an implementation framework. This minute order adopts the BTMP 2021 as the department’s long-range plan to improve the transportation system along the Texas-Mexico border region and to facilitate safe and efficient cross-border movement of people and goods that will support the continued economic competitiveness of the border regions, Texas, the U.S., and Mexico.
Port Authority Advisory Committee Consider the appointment of a member to the Port Authority Advisory Committee (MO) This minute order approves appointment of a member to the Port Authority Advisory Committee to fill a vacated term. Created by state law, the purpose of the Port Authority Advisory Committee 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.
Public Transportation Brazoria and Galveston Counties - Consider the award of federal and state funds previously awarded to Gulf Coast Center to the new Gulf Coast Transit District (MO) The awards identified in this minute order to Gulf Coast Transit District reflect an amount of federal and state funds originally awarded to Gulf Coast Center under prior actions of the commission. Gulf Coast Transit District will serve as the rural transit district providing transit service to the area previously served by Gulf Coast Center.
Various Counties - Consider the award of federal funds to Panhandle Community Services and Rolling Plains Management Corporation rural transit districts (MO) The awards identified in this minute order reflect the allocation of Federal Transit Administration (FTA) fiscal year 2020 §5339(b) Grants for Bus and Bus Facilities Program. Funds will be awarded to Panhandle Community Services to construct a maintenance and administration facility and to Rolling Plains Management Corporation to construct an operations and administration center.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Rules Proposal Chapter 2 - Environmental Review of Transportation Projects Repeal of §§2.201-2.214 (Memorandum of Understanding with the Texas Parks and Wildlife Department) and replacement with proposed new §§2.201-2.207 (Memorandum of Understanding with Texas Parks and Wildlife Department) (MO) The proposed new sections will replace the existing memorandum of understanding (MOU) with the Texas Parks and Wildlife Department (TPWD), which was adopted in 2013, with a new MOU that has been agreed upon by department staff and TPWD staff. The MOU is required by Transportation Code, §201.607.
State Infrastructure Bank Angelina County - Redland Water Supply Corporation - Consider final approval of a request from Redland Water Supply Corporation for a State Infrastructure Bank loan in the amount of up to $504,735 for a contribution to the department for utility relocation necessary for a non-tolled state highway improvement project to widen US 59 (Future I-69) in Angelina County, Texas (MO) Redland Water Supply Corporation (WSC) will secure the loan with a pledge of water revenues. The loan will be used to pay the WSC’s contribution to the department for costs associated with the utility relocation of a non-tolled state highway improvement project to widen US 59 (Future I-69) in Angelina County, Texas.
Bowie County - City of De Kalb - Consider final approval of a request from the City of De Kalb for a State Infrastructure Bank loan in the amount of up to $1,200,000 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen US 82 in Bowie County, Texas (MO) City of De Kalb (City) will secure the loan with a pledge of ad valorem taxes. The loan will be used to pay the City’s costs associated with the utility relocation of a non-tolled state highway improvement project to widen US 82 in Bowie County, Texas.
Design-Build Contract Bexar and Guadalupe Counties - Consider approving the selection of the proposer who submitted the best value proposal and the conditional award of a design-build contract and a corresponding capital maintenance contract to the selected proposer, for the design, construction, and maintenance of the I-35 Northeast Expansion Central Project, consisting of non-tolled improvements along I-35 from the I-35/I-410 North interchange to FM 3009 including the portion of I-410 North from the I-35/I-410 North Interchange to 0.3 miles east of Nacogdoches Road and the portion of Loop 1604 from the I-35/Loop 1604 Interchange to Nacogdoches Road in Bexar and Guadalupe Counties (MO) (Presentation) On September 26, 2019, in Minute Order 115587, the commission authorized the department to issue a request for proposals to design, construct, and maintain the I-35 Northeast Expansion Project. The department has completed its review and evaluation of proposals and is presenting its best value recommendation to the commission.
Municipal Utility Relocation Reimbursement Harris County - Consider the approval of a request from Harris County Municipal Utility District No. 191 (HCMUD191) to make the relocation of HCMUD191’s utility facilities required by the FM 1960 highway improvement project as an expense of the state under Transportation Code, §203.092(a-4) (MO) Texas Administrative Code, Chapter 21, Subchapter B, Rule 21.25 sets forth the requirements for a utility to qualify for reimbursement under this program. Payment for this relocation will not cause the department to exceed $10 million in any fiscal year. The utility is a political subdivision with a financial condition that prevents the utility from being able to pay the cost in full or part or, if paid at that time, the payment would adversely affect the utility’s ability to operate or provide essential services to its customers. The utility is a political subdivision, or owned or operated by a political subdivision, that has a population of less than 5,000 and is located within a county that has been included in at least five disaster declarations made by the president of the United States of America in the six-year period preceding the proposed date of the relocation.
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 Disposition 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. Kaufman County - US 175 - Consider the sale of right of way to the Crandall Independent School District (MO) The district has determined that the land is no longer needed for highway purposes. The school district has requested to purchase the land, and it may be sold to the school district. 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. Routine Minute Orders and Reports (continued) c. Reports (continued) (2) Central Texas Turnpike System Travis and Williamson Counties - Annual Continuing Disclosure Report for the Central Texas Turnpike System (Report) 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. A copy of the report has been filed with the trustee, and with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. (3) State Highway Fund Annual Continuing Disclosure Report for the State Highway Fund revenue bond program (Report) 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. A copy of the report has been filed with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. (4) Texas Mobility Fund Annual Continuing Disclosure Report for the Texas Mobility Fund bond program (Report) 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. A copy of the report has been filed with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. (5) State Highway 249 System Grimes and Montgomery Counties - Annual Continuing Disclosure Report for the State Highway 249 System (Report) Under provisions of the Master Trust Agreement for the State Highway 249 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. A copy of the report has been filed with the trustee, and with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. d. 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. e. 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. Routine Minute Orders and Reports (continued) 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 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. b. Section 551.074 - Deliberate on the election and compensation of an interim executive director of the Texas Department of Transportation. c. Section 551.074 - Deliberate on the search for a new executive director of the Texas Department of Transportation. d. Section 551.074 - Deliberate on the election and compensation of an executive director of the Texas Department of Transportation. 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
Consider the approval of the Minutes of the February 24, 2021, special meeting and the February 25, 2021, 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)
Highway Improvement and Other Transportation Facilities Rescind award of and reject Hays County Project CC 113-7-75, previously awarded February 25, 2021, by Minute Order 115941 (see attached itemized list) (MO) It is necessary to rescind the previous award of Hays County Project CC 113-7-75 and reject all bids on the respective project in the best interest of the state.
Routine Maintenance (see attached itemized list) (MO)
Construction and Rehabilitation of Buildings (see attached itemized list) (MO)
Texas-Mexico Border Transportation Master Plan 2021 Consider the adoption of the Texas-Mexico Border Transportation Master Plan 2021 (MO) (Presentation) The Texas-Mexico Border Transportation Master Plan 2021 (BTMP 2021) is a comprehensive, multimodal, and binational plan that identifies transportation issues, needs, and challenges of moving people and goods through the Texas-Mexico border and beyond. The plan outlines policy, program, and project recommendations and an implementation framework. This minute order adopts the BTMP 2021 as the department’s long-range plan to improve the transportation system along the Texas-Mexico border region and to facilitate safe and efficient cross-border movement of people and goods that will support the continued economic competitiveness of the border regions, Texas, the U.S., and Mexico.
Port Authority Advisory Committee Consider the appointment of a member to the Port Authority Advisory Committee (MO) This minute order approves appointment of a member to the Port Authority Advisory Committee to fill a vacated term. Created by state law, the purpose of the Port Authority Advisory Committee 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.
Public Transportation Brazoria and Galveston Counties - Consider the award of federal and state funds previously awarded to Gulf Coast Center to the new Gulf Coast Transit District (MO) The awards identified in this minute order to Gulf Coast Transit District reflect an amount of federal and state funds originally awarded to Gulf Coast Center under prior actions of the commission. Gulf Coast Transit District will serve as the rural transit district providing transit service to the area previously served by Gulf Coast Center.
Various Counties - Consider the award of federal funds to Panhandle Community Services and Rolling Plains Management Corporation rural transit districts (MO) The awards identified in this minute order reflect the allocation of Federal Transit Administration (FTA) fiscal year 2020 §5339(b) Grants for Bus and Bus Facilities Program. Funds will be awarded to Panhandle Community Services to construct a maintenance and administration facility and to Rolling Plains Management Corporation to construct an operations and administration center.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Rules Proposal Chapter 2 - Environmental Review of Transportation Projects Repeal of §§2.201-2.214 (Memorandum of Understanding with the Texas Parks and Wildlife Department) and replacement with proposed new §§2.201-2.207 (Memorandum of Understanding with Texas Parks and Wildlife Department) (MO) The proposed new sections will replace the existing memorandum of understanding (MOU) with the Texas Parks and Wildlife Department (TPWD), which was adopted in 2013, with a new MOU that has been agreed upon by department staff and TPWD staff. The MOU is required by Transportation Code, §201.607.
State Infrastructure Bank Angelina County - Redland Water Supply Corporation - Consider final approval of a request from Redland Water Supply Corporation for a State Infrastructure Bank loan in the amount of up to $504,735 for a contribution to the department for utility relocation necessary for a non-tolled state highway improvement project to widen US 59 (Future I-69) in Angelina County, Texas (MO) Redland Water Supply Corporation (WSC) will secure the loan with a pledge of water revenues. The loan will be used to pay the WSC’s contribution to the department for costs associated with the utility relocation of a non-tolled state highway improvement project to widen US 59 (Future I-69) in Angelina County, Texas.
Bowie County - City of De Kalb - Consider final approval of a request from the City of De Kalb for a State Infrastructure Bank loan in the amount of up to $1,200,000 to pay for the costs of utility relocation necessary for a non-tolled state highway improvement project to widen US 82 in Bowie County, Texas (MO) City of De Kalb (City) will secure the loan with a pledge of ad valorem taxes. The loan will be used to pay the City’s costs associated with the utility relocation of a non-tolled state highway improvement project to widen US 82 in Bowie County, Texas.
Design-Build Contract Bexar and Guadalupe Counties - Consider approving the selection of the proposer who submitted the best value proposal and the conditional award of a design-build contract and a corresponding capital maintenance contract to the selected proposer, for the design, construction, and maintenance of the I-35 Northeast Expansion Central Project, consisting of non-tolled improvements along I-35 from the I-35/I-410 North interchange to FM 3009 including the portion of I-410 North from the I-35/I-410 North Interchange to 0.3 miles east of Nacogdoches Road and the portion of Loop 1604 from the I-35/Loop 1604 Interchange to Nacogdoches Road in Bexar and Guadalupe Counties (MO) (Presentation) On September 26, 2019, in Minute Order 115587, the commission authorized the department to issue a request for proposals to design, construct, and maintain the I-35 Northeast Expansion Project. The department has completed its review and evaluation of proposals and is presenting its best value recommendation to the commission.
Municipal Utility Relocation Reimbursement Harris County - Consider the approval of a request from Harris County Municipal Utility District No. 191 (HCMUD191) to make the relocation of HCMUD191’s utility facilities required by the FM 1960 highway improvement project as an expense of the state under Transportation Code, §203.092(a-4) (MO) Texas Administrative Code, Chapter 21, Subchapter B, Rule 21.25 sets forth the requirements for a utility to qualify for reimbursement under this program. Payment for this relocation will not cause the department to exceed $10 million in any fiscal year. The utility is a political subdivision with a financial condition that prevents the utility from being able to pay the cost in full or part or, if paid at that time, the payment would adversely affect the utility’s ability to operate or provide essential services to its customers. The utility is a political subdivision, or owned or operated by a political subdivision, that has a population of less than 5,000 and is located within a county that has been included in at least five disaster declarations made by the president of the United States of America in the six-year period preceding the proposed date of the relocation.
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 Disposition 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. Kaufman County - US 175 - Consider the sale of right of way to the Crandall Independent School District (MO) The district has determined that the land is no longer needed for highway purposes. The school district has requested to purchase the land, and it may be sold to the school district. 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. Routine Minute Orders and Reports (continued) c. Reports (continued) (2) Central Texas Turnpike System Travis and Williamson Counties - Annual Continuing Disclosure Report for the Central Texas Turnpike System (Report) 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. A copy of the report has been filed with the trustee, and with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. (3) State Highway Fund Annual Continuing Disclosure Report for the State Highway Fund revenue bond program (Report) 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. A copy of the report has been filed with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. (4) Texas Mobility Fund Annual Continuing Disclosure Report for the Texas Mobility Fund bond program (Report) 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. A copy of the report has been filed with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. (5) State Highway 249 System Grimes and Montgomery Counties - Annual Continuing Disclosure Report for the State Highway 249 System (Report) Under provisions of the Master Trust Agreement for the State Highway 249 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. A copy of the report has been filed with the trustee, and with the Municipal Securities Rulemaking Board through its Electronic Municipal Markets Access System. d. 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. e. 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. Routine Minute Orders and Reports (continued) 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 a. Section 551.071 - Consultation with and advice from legal counsel regarding any item on this agenda, pending or contemplated litigation, or other legal matters. b. Section 551.074 - Deliberate on the election and compensation of an interim executive director of the Texas Department of Transportation. c. Section 551.074 - Deliberate on the search for a new executive director of the Texas Department of Transportation. d. Section 551.074 - Deliberate on the election and compensation of an executive director of the Texas Department of Transportation. 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