10:00 A.M. CONVENE MEETING
Safety Briefing Staff will provide general safety instruction.
Opening Remarks
Consider the approval of the Minutes of the July 29, 2021 regular meeting of the Texas Transportation Commission
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)
Unified Transportation Program (UTP) Consider the approval of the 2022 Unified Transportation Program (MO) (Presentation) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2022 UTP for fiscal years 2022-2031 as well as the PSP for the 2022 UTP.
Aviation Aviation Capital Improvement Program Consider the approval of the Aviation Capital Improvement Program (MO) The department is required to prepare and update annually a multi-year aviation facilities capital improvement program. The department is seeking commission approval of this program.
Routine Airport Maintenance Program Various Counties - Consider the approval of the Routine Airport Maintenance Program (MO) State law authorizes the award of state funding for routine airport maintenance projects. The recommended airports are eligible for award of these grant funds and the department seeks approval of the awards.
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) 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.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Rule Proposals a. Chapter 1 - Management Amendments to §1.84 and §1.88 and Repeal of §1.90 (Advisory Committees) (MO) The proposed amendments extend the sunset dates for statutory and department advisory committees, add provisions relating to the I-27 Advisory Committee, which was established by S.B. 1474, 87th Legislature, and an urban air mobility advisory committee, as required by S.B. 763, 87th Legislature, and repeal, as executed, a rule relating to advisory committees that assisted the department in conducting a comprehensive study on the Ports-to-Plains Corridor.
Chapter 15 - Financing and Construction of Transportation Projects New §§15.140-15.147, State Scenic Byways Program (MO) Senate Bill 941, 87th Legislature, requires the department to establish a State Scenic Byways Program to allow the state and local communities to participate in the National Scenic Byway Program, which is designed to recognize, preserve, and enhance roads possessing certain intrinsic qualities. The department is required to establish processes to designate State Scenic Byways and receive and submit applications for federal designation and grant funding.
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) Collin County - FM 455 - 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) El Paso County - Loop 375 Border Highway West - Consider the exchange of right of way as part of a transaction to acquire real property needed for a state highway purpose (MO) The district has determined that the 0.141 acres of land located in El Paso County to be conveyed by the State to BNSF Railway Company (BNSF) in the exchange is no longer needed for a state highway purpose. The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose. (3) Hidalgo County - US 281 - 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. (4) Kendall County - I-10 - 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. (5) Kendall County - I-10 - 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. (6) Montgomery 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. 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) Grimes and Montgomery Counties Fiscal Year 2021 State Highway 249 System Annual Inspection Report (Report) The commission financed a portion of the costs of the system with obligations issued pursuant to a trust agreement. In accordance with Section 504 of the trust agreement, the commission has caused the general engineering consultant to make an inspection of the system at least three months prior to the end of the fiscal year and submit a report to the commission prior to the end of the fiscal year. (3) Grimes and Montgomery Counties Quarterly Construction Progress Report for the State Highway 249 System (Report) The commission financed a portion of the costs of the system with obligations issued pursuant to a trust agreement. In accordance with Section 407 of the trust agreement, the commission caused the general engineering consultant to prepare a construction progress report by the last day of the second month after the prior fiscal quarter and to submit the report to the commission. A copy of the report shall also be filed with the trustee and the Municipal Securities Rulemaking Board, through its Electronic Municipal Markets Access System. (4) Quarterly Investment Report Quarterly Investment Report for all of the funds invested at the direction of the commission (Report) This is a presentation of the quarterly investment report for the investment of: (1) funds held by the Bank of New York Mellon, as trustee, under the Indenture of Trust securing the Central Texas Turnpike System toll revenue obligations; (2) funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; (3) funds held by Amegy Bank, a Division of ZB, National Association, as trustee, under the Trust Agreement securing the I-35E Managed Lanes Project toll revenue obligations; and (4) funds held by U.S. Bank National Association, as trustee, under the Master Trust Agreement securing the SH 249 System toll revenue obligations. d. Finance (1) Debt and Derivative Management Policies Consider the annual review of the debt management policy and derivative management policy for financing programs of the commission (MO) This minute order approves the debt management policy which establishes parameters for the commission's financing programs considering acceptable levels of risk, minimizing interest costs, and optimizing future flexibility with consideration to achieving and maintaining the best possible credit ratings. Additionally, this minute order approves the derivative management policy which establishes responsibilities, objectives, and guidelines for use of derivatives such as interest rate swaps and similar products to efficiently and prudently manage the commission's asset/liability profile. (2) Investment Policy and Investment Strategies Consider the annual review and approval of the investment policy and investment strategies applicable to all funds of the commission not otherwise required to be invested by the comptroller (MO) This minute order approves the commission’s investment policy and investment strategies. The Public Funds Investment Act requires the commission to review the investment policy and investment strategies on an annual basis, and to approve by order any modifications to the investment policy and investment strategies. (3) Dallas and Denton Counties - Consider the approval of the I-35E Managed Lanes Project annual budget of revenues, operating and maintenance expenses, and capital expenditures (MO) This minute order approves the annual budget of revenues, operating and maintenance expenses, and capital expenditures for the I-35E Managed Lanes Project in Dallas and Denton counties. The commission financed a portion of the costs of the I-35E Project with a TIFIA loan. The trust agreement for the loan stipulates that the commission will adopt an annual budget by the business day preceding the first day of each fiscal year. (4) Travis and Williamson Counties Consider the approval of the Central Texas Turnpike System annual operating, maintenance and capital budgets (MO) This minute order approves the annual operating, maintenance, and capital budgets for the Central Texas Turnpike System (CTTS) which consists of SH 130 Segments 1-4, SH 45N, SH 45SE, and Loop 1 extension. Some costs of the CTTS were financed with debt obligations. The Indenture of Trust stipulates that the commission will adopt annual budgets by August 31 of the preceding fiscal year. e. Highway Designation Williamson County - In the city of Georgetown, consider designating FM 1460 on a new location and redesignating former FM 1460 as FM Spur 1460 on the state highway system (MO) This minute order designates FM 1460 on the state highway system on a new location from 0.1 mile North of Quail Valley Drive southward to SE Inner Loop, a distance of approximately 1.0 mile; and redesignates the former location of FM 1460 as FM Spur 1460 on the state highway system from 0.05 mile south of existing FM 1460 southward to existing FM 1460, a distance of approximately 0.7 mile. Segments of the former location of FM 1460 were obliterated from the new location of FM 1460 southward to a cul-de-sac, a distance of approximately 0.07 mile; and from the southern end of former FM 1460 southward to SE Inner Loop, a distance of approximately 0.14 mile. f. Access Control Harris County - I-10, in the City of Katy - Consider the designation of one location on the westbound frontage road of I-10 at which access will be permitted to the abutting property (MO) The designation of one 80-foot break in the control-of-access line will allow the abutting landowner to open one commercial driveway for access to and from the westbound frontage road of I-10. The district has determined that access may be permitted at the designated location. g. 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. h. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 9 - Executive Session, Open Comment, & Adjourn
9. 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
Safety Briefing Staff will provide general safety instruction.
Opening Remarks
Consider the approval of the Minutes of the July 29, 2021 regular meeting of the Texas Transportation Commission
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)
Unified Transportation Program (UTP) Consider the approval of the 2022 Unified Transportation Program (MO) (Presentation) The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. The Project Selection Process (PSP) is approved annually and describes the funding categories and process for selecting transportation projects. This minute order approves the 2022 UTP for fiscal years 2022-2031 as well as the PSP for the 2022 UTP.
Aviation Aviation Capital Improvement Program Consider the approval of the Aviation Capital Improvement Program (MO) The department is required to prepare and update annually a multi-year aviation facilities capital improvement program. The department is seeking commission approval of this program.
Routine Airport Maintenance Program Various Counties - Consider the approval of the Routine Airport Maintenance Program (MO) State law authorizes the award of state funding for routine airport maintenance projects. The recommended airports are eligible for award of these grant funds and the department seeks approval of the awards.
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) 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.
Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Rule Proposals a. Chapter 1 - Management Amendments to §1.84 and §1.88 and Repeal of §1.90 (Advisory Committees) (MO) The proposed amendments extend the sunset dates for statutory and department advisory committees, add provisions relating to the I-27 Advisory Committee, which was established by S.B. 1474, 87th Legislature, and an urban air mobility advisory committee, as required by S.B. 763, 87th Legislature, and repeal, as executed, a rule relating to advisory committees that assisted the department in conducting a comprehensive study on the Ports-to-Plains Corridor.
Chapter 15 - Financing and Construction of Transportation Projects New §§15.140-15.147, State Scenic Byways Program (MO) Senate Bill 941, 87th Legislature, requires the department to establish a State Scenic Byways Program to allow the state and local communities to participate in the National Scenic Byway Program, which is designed to recognize, preserve, and enhance roads possessing certain intrinsic qualities. The department is required to establish processes to designate State Scenic Byways and receive and submit applications for federal designation and grant funding.
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) Collin County - FM 455 - 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) El Paso County - Loop 375 Border Highway West - Consider the exchange of right of way as part of a transaction to acquire real property needed for a state highway purpose (MO) The district has determined that the 0.141 acres of land located in El Paso County to be conveyed by the State to BNSF Railway Company (BNSF) in the exchange is no longer needed for a state highway purpose. The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose. (3) Hidalgo County - US 281 - 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. (4) Kendall County - I-10 - 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. (5) Kendall County - I-10 - 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. (6) Montgomery 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. 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) Grimes and Montgomery Counties Fiscal Year 2021 State Highway 249 System Annual Inspection Report (Report) The commission financed a portion of the costs of the system with obligations issued pursuant to a trust agreement. In accordance with Section 504 of the trust agreement, the commission has caused the general engineering consultant to make an inspection of the system at least three months prior to the end of the fiscal year and submit a report to the commission prior to the end of the fiscal year. (3) Grimes and Montgomery Counties Quarterly Construction Progress Report for the State Highway 249 System (Report) The commission financed a portion of the costs of the system with obligations issued pursuant to a trust agreement. In accordance with Section 407 of the trust agreement, the commission caused the general engineering consultant to prepare a construction progress report by the last day of the second month after the prior fiscal quarter and to submit the report to the commission. A copy of the report shall also be filed with the trustee and the Municipal Securities Rulemaking Board, through its Electronic Municipal Markets Access System. (4) Quarterly Investment Report Quarterly Investment Report for all of the funds invested at the direction of the commission (Report) This is a presentation of the quarterly investment report for the investment of: (1) funds held by the Bank of New York Mellon, as trustee, under the Indenture of Trust securing the Central Texas Turnpike System toll revenue obligations; (2) funds for the pre-paid TxTag account held by the Bank of New York Mellon, acting as custodian; (3) funds held by Amegy Bank, a Division of ZB, National Association, as trustee, under the Trust Agreement securing the I-35E Managed Lanes Project toll revenue obligations; and (4) funds held by U.S. Bank National Association, as trustee, under the Master Trust Agreement securing the SH 249 System toll revenue obligations. d. Finance (1) Debt and Derivative Management Policies Consider the annual review of the debt management policy and derivative management policy for financing programs of the commission (MO) This minute order approves the debt management policy which establishes parameters for the commission's financing programs considering acceptable levels of risk, minimizing interest costs, and optimizing future flexibility with consideration to achieving and maintaining the best possible credit ratings. Additionally, this minute order approves the derivative management policy which establishes responsibilities, objectives, and guidelines for use of derivatives such as interest rate swaps and similar products to efficiently and prudently manage the commission's asset/liability profile. (2) Investment Policy and Investment Strategies Consider the annual review and approval of the investment policy and investment strategies applicable to all funds of the commission not otherwise required to be invested by the comptroller (MO) This minute order approves the commission’s investment policy and investment strategies. The Public Funds Investment Act requires the commission to review the investment policy and investment strategies on an annual basis, and to approve by order any modifications to the investment policy and investment strategies. (3) Dallas and Denton Counties - Consider the approval of the I-35E Managed Lanes Project annual budget of revenues, operating and maintenance expenses, and capital expenditures (MO) This minute order approves the annual budget of revenues, operating and maintenance expenses, and capital expenditures for the I-35E Managed Lanes Project in Dallas and Denton counties. The commission financed a portion of the costs of the I-35E Project with a TIFIA loan. The trust agreement for the loan stipulates that the commission will adopt an annual budget by the business day preceding the first day of each fiscal year. (4) Travis and Williamson Counties Consider the approval of the Central Texas Turnpike System annual operating, maintenance and capital budgets (MO) This minute order approves the annual operating, maintenance, and capital budgets for the Central Texas Turnpike System (CTTS) which consists of SH 130 Segments 1-4, SH 45N, SH 45SE, and Loop 1 extension. Some costs of the CTTS were financed with debt obligations. The Indenture of Trust stipulates that the commission will adopt annual budgets by August 31 of the preceding fiscal year. e. Highway Designation Williamson County - In the city of Georgetown, consider designating FM 1460 on a new location and redesignating former FM 1460 as FM Spur 1460 on the state highway system (MO) This minute order designates FM 1460 on the state highway system on a new location from 0.1 mile North of Quail Valley Drive southward to SE Inner Loop, a distance of approximately 1.0 mile; and redesignates the former location of FM 1460 as FM Spur 1460 on the state highway system from 0.05 mile south of existing FM 1460 southward to existing FM 1460, a distance of approximately 0.7 mile. Segments of the former location of FM 1460 were obliterated from the new location of FM 1460 southward to a cul-de-sac, a distance of approximately 0.07 mile; and from the southern end of former FM 1460 southward to SE Inner Loop, a distance of approximately 0.14 mile. f. Access Control Harris County - I-10, in the City of Katy - Consider the designation of one location on the westbound frontage road of I-10 at which access will be permitted to the abutting property (MO) The designation of one 80-foot break in the control-of-access line will allow the abutting landowner to open one commercial driveway for access to and from the westbound frontage road of I-10. The district has determined that access may be permitted at the designated location. g. 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. h. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
Item 9 - Executive Session, Open Comment, & Adjourn
9. 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