11:30 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Opening Remarks
Consider the approval of the Minutes of the May 26, 2021, special meeting and the May 27, 2021, regular meeting of the Texas Transportation Commission
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)
Unified Transportation Program (UTP) Discussion of the draft 2022 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 the draft 2022 UTP.
Legislative Session Overview The 87th Regular Legislative Session Overview and the General Appropriations Act (Presentation) The 87th Legislature adjourned sine die on May 31, 2021 and the governor’s veto period ended on June 20, 2021. Staff will provide a general overview of the General Appropriations Act (Senate Bill 1) and legislation enacted that impacts the department.
Capital Facilities Program The 87th Regular Legislative Session Fiscal Year 21 Supplemental Appropriation Capital Budget for Facilities (Presentation) The 87th Legislature adjourned sine die on May 31, 2021 and the governor’s veto period ended on June 20, 2021. Staff will provide a general overview of the Capital Facilities Program including Capital Budget for the program in the FY 21 Supplemental Appropriation (House Bill 2).
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 state and federal funds to multiple entities for a variety of program-eligible purposes (MO) The awards identified in this minute order reflect the allocation of fiscal year 2022 state funds to large urban, small urban, and rural transit districts; the allocation of first year awards to various entities for the biennial section 5310 call for projects; the allocation of formula section 5311 funds to rural transit districts; and the allocation of section 5311 and 5311(f) funds awarded through the American Rescue Plan Act of 2021 (ARP).
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Rules Adoption 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.
Financial Assistance for Projects Hidalgo County - Hidalgo County Regional Mobility Authority - Consider approval of a request from the Hidalgo County Regional Mobility Authority for financial assistance in the form of a grant in the amount of $27,000,000 to pay for costs of constructing the 365 Tollway project. This financial assistance will be made with 100% federal funds and will not include funding from sources commonly known as Proposition 1 and Proposition 7 (MO) This minute order will provide Hidalgo County Regional Mobility Authority (HCRMA) approval of $27,000,000 in additional financial assistance in the form of a grant. The funds being requested have been programmed in the current 2021 Unified Transportation Program (UTP) as federal funds identified as Category 10 Coordinated Border Infrastructure (CBI) funds and Category 11 Rider 11(b) Border Infrastructure funds. The project is “grandfathered” in accordance with Section 372.002, Transportation Code, because HCRMA commenced the environmental review process for the project on or before January 1, 2014 and meets the criteria to receive financial assistance from the department without repayment.
Grand Parkway Transportation Corporation Appoint director to the Grand Parkway Transportation Corporation (MO) The commission authorized the creation of the corporation and appointed three directors to the corporation’s board in March 2012. After that initial appointment, vacancies on the board have required subsequent appointments. This minute order appoints a director to fill a vacancy for the current six year term that ends on August 31, 2021. Due to the expiration of all three directors’ terms on August 31, 2021, the minute order re-appoints the three directors for terms of six years each, ending on August 31, 2027.
Texas Private Activity Bond Surface Transportation Corporation Appoint director to the Texas Private Activity Bond Surface Transportation Corporation (MO) The commission authorized the creation of the corporation and appointed three directors to the corporation’s board in October 2008. After that initial appointment, vacancies on the board have required subsequent appointments. There is now a vacancy on the board and this minute order appoints a director to fill that vacancy for the current six year term ending on August 31, 2023.
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. Routine Minute Orders and Reports (continued) 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) Dallas 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) Travis County - US 183 - Consider authorizing the department to enter into a lease agreement with a nonprofit entity to lease land on US 183 (MO) This minute order authorizes the department to enter into a lease of real property with a nonprofit entity, which real property is to be used as a shelter for persons experiencing homelessness in the Austin area. The commission waives the fair market value requirement for social mitigation purposes. (3) Victoria County - US 77 - 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) Environmental Report Consider the acceptance of the report on projects being processed under the procedures of Transportation Code, Chapter 201, Subchapter I-1 (Report) The report identifies projects with a local government sponsor being processed under the environmental review procedures set forth in Transportation Code, Chapter 201, Subchapter I-1. A report must be submitted twice a year to the commission, as required by Transportation Code, §201.762(a). d. Highway Designation Nueces County - Near the city of Robstown, consider designating a segment of the state highway system as I-69E, concurrent with US 77 (MO) This minute order designates a segment of the state highway system as I-69E, concurrent with US 77 from the existing I-69E terminus located 0.4 mile south of FM 892 to approximately 0.6 mile south of FM 2826 in Nueces County, a total distance of 3.3 miles. The Federal Highway Administration has approved the designation of this segment. 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 or relocated facilities and the expansion of existing 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. 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 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
11:30 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Opening Remarks
Consider the approval of the Minutes of the May 26, 2021, special meeting and the May 27, 2021, regular meeting of the Texas Transportation Commission
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)
Unified Transportation Program (UTP) Discussion of the draft 2022 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 the draft 2022 UTP.
Legislative Session Overview The 87th Regular Legislative Session Overview and the General Appropriations Act (Presentation) The 87th Legislature adjourned sine die on May 31, 2021 and the governor’s veto period ended on June 20, 2021. Staff will provide a general overview of the General Appropriations Act (Senate Bill 1) and legislation enacted that impacts the department.
Capital Facilities Program The 87th Regular Legislative Session Fiscal Year 21 Supplemental Appropriation Capital Budget for Facilities (Presentation) The 87th Legislature adjourned sine die on May 31, 2021 and the governor’s veto period ended on June 20, 2021. Staff will provide a general overview of the Capital Facilities Program including Capital Budget for the program in the FY 21 Supplemental Appropriation (House Bill 2).
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 state and federal funds to multiple entities for a variety of program-eligible purposes (MO) The awards identified in this minute order reflect the allocation of fiscal year 2022 state funds to large urban, small urban, and rural transit districts; the allocation of first year awards to various entities for the biennial section 5310 call for projects; the allocation of formula section 5311 funds to rural transit districts; and the allocation of section 5311 and 5311(f) funds awarded through the American Rescue Plan Act of 2021 (ARP).
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Rules Adoption 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.
Financial Assistance for Projects Hidalgo County - Hidalgo County Regional Mobility Authority - Consider approval of a request from the Hidalgo County Regional Mobility Authority for financial assistance in the form of a grant in the amount of $27,000,000 to pay for costs of constructing the 365 Tollway project. This financial assistance will be made with 100% federal funds and will not include funding from sources commonly known as Proposition 1 and Proposition 7 (MO) This minute order will provide Hidalgo County Regional Mobility Authority (HCRMA) approval of $27,000,000 in additional financial assistance in the form of a grant. The funds being requested have been programmed in the current 2021 Unified Transportation Program (UTP) as federal funds identified as Category 10 Coordinated Border Infrastructure (CBI) funds and Category 11 Rider 11(b) Border Infrastructure funds. The project is “grandfathered” in accordance with Section 372.002, Transportation Code, because HCRMA commenced the environmental review process for the project on or before January 1, 2014 and meets the criteria to receive financial assistance from the department without repayment.
Grand Parkway Transportation Corporation Appoint director to the Grand Parkway Transportation Corporation (MO) The commission authorized the creation of the corporation and appointed three directors to the corporation’s board in March 2012. After that initial appointment, vacancies on the board have required subsequent appointments. This minute order appoints a director to fill a vacancy for the current six year term that ends on August 31, 2021. Due to the expiration of all three directors’ terms on August 31, 2021, the minute order re-appoints the three directors for terms of six years each, ending on August 31, 2027.
Texas Private Activity Bond Surface Transportation Corporation Appoint director to the Texas Private Activity Bond Surface Transportation Corporation (MO) The commission authorized the creation of the corporation and appointed three directors to the corporation’s board in October 2008. After that initial appointment, vacancies on the board have required subsequent appointments. There is now a vacancy on the board and this minute order appoints a director to fill that vacancy for the current six year term ending on August 31, 2023.
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. Routine Minute Orders and Reports (continued) 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) Dallas 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) Travis County - US 183 - Consider authorizing the department to enter into a lease agreement with a nonprofit entity to lease land on US 183 (MO) This minute order authorizes the department to enter into a lease of real property with a nonprofit entity, which real property is to be used as a shelter for persons experiencing homelessness in the Austin area. The commission waives the fair market value requirement for social mitigation purposes. (3) Victoria County - US 77 - 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) Environmental Report Consider the acceptance of the report on projects being processed under the procedures of Transportation Code, Chapter 201, Subchapter I-1 (Report) The report identifies projects with a local government sponsor being processed under the environmental review procedures set forth in Transportation Code, Chapter 201, Subchapter I-1. A report must be submitted twice a year to the commission, as required by Transportation Code, §201.762(a). d. Highway Designation Nueces County - Near the city of Robstown, consider designating a segment of the state highway system as I-69E, concurrent with US 77 (MO) This minute order designates a segment of the state highway system as I-69E, concurrent with US 77 from the existing I-69E terminus located 0.4 mile south of FM 892 to approximately 0.6 mile south of FM 2826 in Nueces County, a total distance of 3.3 miles. The Federal Highway Administration has approved the designation of this segment. 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 or relocated facilities and the expansion of existing 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. 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 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