House Transportation Interim Report Published

The House Committee on Transportation has released its interim report to the 86th Legislature.

The report reviews several issues, including state response to Hurricane Harvey, TxDOT delivery of highway construction projects,  transportation finance mechanisms, toll authorities, oversize/overweight permitting, transportation technology, Texas’ shipping ports and border crossings, and energy production impact on state roads. For full details, including analysis and conclusions, please see the full report.

Spotlight on Recommendations

Charge 1: Review the state’s response to Hurricane Harvey and natural disaster preparedness with respect to the transportation system and transportation infrastructure. Make recommendations for improving agency operations related to emergency preparedness and response.

• TxDOT should identify existing evacuation routes on the state highway system which were impassable during Hurricane Harvey and determine whether limited elevation of flooded sections could alleviate evacuation concerns. If this is a viable solution, then elevation of these key sections should be incorporated into state highway planning and funding at the earliest possible time.
• TxDOT should work with local governmental entities affected by disasters to ensure that traffic signs, signals and lights are able to be replaced as soon as possible following the event and to share available resources as necessary to fulfill this function.
• TxDOT should work with city and county emergency management information systems to ensure that information regarding road conditions and closures is able to be relayed to these entities and shared with their citizens in an effective manner.
• TxDOT in cooperation with the Texas Division of Emergency Management (TDEM) should identify and evaluate key civilian infrastructure such as the Texas Medical Center that must remain accessible to vehicle traffic and determine if there are any steps that could be taken on state highways to ensure that access. TxDOT should then incorporate these steps into state highway planning and funding.
• Texas Maritime Ports should be supported in their efforts to obtain federal funding for the clearing and dredging of critical waterways that have been limited due to the effects of Hurricane Harvey.

Charge 2: Study the ability of the Texas Department of Transportation (TxDOT) to deliver highway construction projects that reduce congestion and improve mobility, including the Department’s options and limitations related to contracting. Make recommendations to improve the Department’s ability to complete complex projects on time and under cost.

• TxDOT, Regional Mobility Authorities, and county and regional toll authorities should be able to enter into comprehensive development agreements for projects which are not included in TxDOT’s Uniform Transportation Program and which have been approved by a vote of the designated elected local governmental entity or entities, or by a local referendum in the area(s) through which the highway will be built or expanded.
• Regional Mobility Authorities, and county and regional toll authorities should be authorized to develop toll roads or tolled lanes for projects which have been approved by a vote of the designated elected local governmental entity or entities, or by a local referendum in the area(s) through which the highway will be built or expanded.
• TxDOT should be authorized to increase the number of design-build contracts from the current number of three to a total of six per year with a minimum project value of $250 Million and require that TxDOT track and report on the efficiencies developed through this mechanism and report it to the Legislature in January of each year.
• TxDOT should produce annually a report detailing the total traffic delays caused by the fault of the contractor including both administrative costs and traffic delay costs and the corresponding penalties that were imposed on the contractor for these delays including debarment, monetary penalties and such other penalties as TxDOT imposes. TxDOT shall also include a list of other projects on which the contractor is currently working and the status of the contract as well as the contractor’s contracts for the previous five years and any delays in the completion of those contracts.

Charge 3: Study the efficacy of existing transportation finance mechanisms from state, regional, and local perspectives. Identify opportunities to improve existing transportation finance mechanisms and investigate the feasibility of developing new ones.

• The Sunset provision from the enabling statute for Proposition 1 should be removed.
• The Sunset provision from the enabling statute for Proposition 7 should be removed.
• A Constitutional Amendment should be proposed to allow counties to create Transportation Reinvestment Zones and use the proceeds as necessary for the purposes set forth for the creation of the TRZ, including the authority to secure debt with TRZ revenues.
• TxDOT, Regional Mobility Authorities, and county and regional toll authorities should be authorized to enter into comprehensive development agreements that would require Texas Transportation Commission approval for projects which are able to attract new federal funding made available through federal legislation and which require public/private partnerships.
• TxDMV should study the most effective mechanism for collecting appropriate road use fees for owners of electric vehicles and the appropriate amount of those fees and report back to the legislature by October of 2020.

Charge 4: Study Texas’ various toll authorities and evaluate their transparency and stakeholder responsiveness. Make recommendations to improve the state oversight of toll authorities.

• The same standards for administrative and civil penalties should be applied to toll violators for all Texas toll roads, including those not operated by TxDOT.
• Unless otherwise approved by a vote of designated elected local governmental entity or entities, or by a local referendum in the area(s) through which the highway was built or expanded, any revenue generated on a toll road should only be used to repay the cost of the infrastructure, financing, maintenance and operation until the initial costs have been fully repaid at which time the entity responsible for the toll road should determine the necessary revenue to operate and maintain the roadway and set toll charges at the level necessary to cover those costs only.
• All toll agencies should incorporate pay-by-mail billing in an integrated fashion as it does toll tag billing.
• RMAs and the Regional Toll Authority should conduct independent audits at least biennially and post the results on their website.
• RMAs, County Toll Authorities, and the Regional Toll Authority should post on their websites information detailing current project expenditures and sources of funds, updated completion schedules for ongoing projects, and estimated completion dates.

Charge 5: Review the management of the oversize/overweight permitting system and ensure that the state is adequately protecting the driving public and road integrity. Make recommendations to improve operations.

• Individual owner/operators and companies which operate vehicles with overweight permits should submit to TxDMV one report detailing the number of trips taken by each permitted vehicle and the weights of those loads over the course of one year. TxDMV should then prepare a report of the information including the average number of trips taken under the type of permit, the average weight per trip and such other information as may be relevant to future legislative action.
• TxDMV should be authorized to deny oversize/overweight permits to applicants who are identified as out of service by the Federal Motor Carrier Safety Administration.
• Every county commissioners’ court should be authorized to designate constables or deputy constables as weight enforcement officers on state and county roads in the county who would be subject to the same requirements imposed under Subchapter C, Chapter 644 of the Texas Transportation Code.
• The requirements for overweight vehicles in SB 1524 should be considered in future legislation for overweight vehicles.
• TxDMV should be authorized to administratively penalize companies which violate the size limitations in the same manner that they are able to do so for companies violating the weight limitations.
• TxDMV should be authorized to administratively penalize loading companies which fail to provide a certificate of weight to the driver picking up the load.

Charge 6: Study emerging issues in transportation related to technology and evaluate the state’s preparedness for addressing challenges and opportunities posed by technological advances. Review the implementation of state and federal programs and legislation related to intelligent transportation systems, autonomous vehicles, unmanned aircraft systems (i.e. drones), and other technological changes.

• The implementation of highly autonomous vehicles should be closely monitored to ensure that further action to protect the public may be taken as needed.
• TxDOT should continue to expand its programs related to the use of dynamic messaging signs to improve safety and provide greater driver knowledge of road conditions, weather events and safety announcements.
• Any regulation of unmanned aerial systems should provide the public with appropriate protections, while allowing the commercial development of new innovations.
• The attachment, carrying, or use of weapons, explosives, or hazardous chemicals on Unmanned Aerial Systems by non-military individuals or entities should be prohibited.

Charge 7: Review the current state of infrastructure at Texas’ international shipping ports and border ports of entry in Texas. Identify transportation-related impediments to international trade and estimate the impact of those challenges, including border wait times, on the state’s economy. Make recommendations for improvements to facilitate international trade and economic growth. (Joint charge with the House Committee on International Trade & Intergovernmental Affairs

• The Ship Channel Improvement Revolving Fund should be funded to provide necessary resources for the deepening and widening of qualified ship channels at Texas Ports.
• The Railroad Commission, the General Land Office and the Port Authority Advisory Committee should work with stakeholders and the appropriate federal agencies to make a recommendation to the legislature regarding the inclusion of underwater infrastructure in the Texas Underground Facility Notification program or a similar program.
• The Department of Public Safety should continue efforts to work collaboratively with U.S. Customs and Border Protection to develop a revised inspection process which allows more efficient overall inspections and reduces wait times at the border and make such recommendations to the legislature by October 2020.
• TxDOT should increase the prioritization of TxDOT funding that would be dedicated to the improved freight corridors proximate to the border ports of entry.

Charge 8: Evaluate the impact energy exploration and production have on state and county roads and make recommendations on how to improve road quality in areas impacted by these activities. (Joint charge with the House Committee on Energy Resources)

• A reliable funding source to provide transportation infrastructure funding to counties impacted by the energy sector traffic should be designated.
• DPS should increase enforcement of oversize/overweight permits on the state highway system in the areas impacted by energy sector traffic.
• The Railroad Commission should increase its efforts to encourage expansion of pipeline capacity in the oil and gas producing regions of the state to reduce the reliance on surface transportation infrastructure.

Charge 9: Monitor the agencies and programs under the Committee’s jurisdiction and oversee the implementation of relevant legislation passed by the 85th Legislature. In conducting this oversight, the committee will also specifically monitor the implementation of the TxDOT Sunset legislation and related management actions.

• TxDOT should report on its progress regarding the actions taken to meet the requirements in SB 312 to the House Committee on Transportation in the 86thLegislative Session
• TxDOT should report on its progress regarding the actions taken to meet the requirements in HB 20 from the 84th Legislative Session to the House Committee on Transportation in the 86th Legislative Session.
• TxDMV studies related to the titling, registration and inspection of vehicles should be presented to the House Committee on Transportation as soon as they are prepared to address potential efficiencies that may be gained.