The House Committee on Transportation met on April 26 to take up a series of bills. The report below covers discussion on SB 312 relating to the continuation and functions of the Texas Department of Transportation and HB 2584 relating to highway advertisement spacing.
 
SB 312 (Nichols) Relating to the continuation and functions of the Texas Department of Transportation; authorizing an increase in rates charged for the use of state aircraft to provide for the acquisition of replacement aircraft.

  • Bill laid out by Rep. Gonzalez.
  • CS laid out.
  • Senate floor amendment – CS removes the amendment by hall
    • Amendment by Kolkhorst – Public hearings on substantial language requirements of lanes on a highway
    • Amendment kept – Added requirement for sufficient time for events outside of contractors control for penalties
  • Leadership changes over TxDOT – saw a more collaborative process this legislation
  • Report was that overall – leadership has been moving in the correct direction with some guardrails
  • TxDOT identified they were not ready for the prop funding, thus guardrails were put in place.
  • Major Provisions:
    • Ensures process for a more transparent performance based planning process
    • Requires TxDOT to finalize implementation of new project portfolio review process and public share its information.
    • Provides standard contract oversight tools for timeliness
    • Allows options for the future aging aircraft fleet while tightening aircraft usage
    • Requires admission of crash reports to traffic safety projects
    • Continues TxDOT for the next 12 years.
  • Pickett – sunset report showed that leadership has stepped out and changed. Likes idea of dashboard for performance base. Concern that MPO’s are planning organizations and public asks questions after the fact. Noticed there is no way to go back for MPO’s to show the over runs and believes it is needed for tracking purposes. Also, believes that the contractors should be tracked for the reason for delays. Need to ensure there is direction for the agency.
  • Simmons – does anything in the Sunset bill pull back from the work done in HB 20?
    • Was trying to supplement along with that bill. Intent was to work with HB 20.
    • Amy Tripp, Sunset Commission – nothing in the bill that contradicts HB 20. The intent was to push the ball further with specific task assignments.
  • Simmons – on initial allocation to the categories, that is my biggest concern. Doesn’t believe it follows HB 20. Was anything done in that area?
    • Tripp – performance based planning is a work in progress. It is a slow, complex problem and the point of the bill is to push them to finish projects. Provision in bill that requires an analysis that links to their funding initiatives.
  • Israel – asked about Kolkhorst’s amendment on public hearings. How will that impact the addition of lanes?
    • Doesn’t change the current overall outcome. There are rules in place for public hearings. The senate added requiring a hearing for anything that substantiates a lay out. The intent is to discourage anything from happening that wasn’t discussed.
  • Israel – was the intent to have more thorough hearings or give TxDOT the authority over hearings?
    • It was the opportunity for more interactions. 
    • Tripp – not sure of language intent.
  • Phillips – would like to see a continuation with working with TxDOT on contracting languages. Gave example of a contracting issue in the metroplex that effected businesses. Thanked TxDOT for their efforts.
  • Pickett – back to HB 20, is it presumed those certain discretionary percentages continue? The agency believes it is 10% of total budget while others believe it is 10% of new construction. We need to set these things in stone because leadership changes.
    • General view is that the commission has always asked for input.
  • Pickett – one reason we are here is because of the UTP. There were huge changes and decisions made in the past. We cannot let that happen again in the future.
    • When looking at 24 agencies, there are various degrees of success. We didn’t want to make sudden changes that would hamper the future leadership. Overall picture is for the agency.

James Bass, TxDOT – Resource Witness

  • Simmons – does TxDOT, as a department, believe anything in bill is contradictory to HB 20?
    • No. Believes there are numerous examples throughout bill that expands on HB 20.
  • Pickett – in the rule making process, there was a question early on two lines of funding in the categories. If you fit in the category, you could possibly present an advantageous step to rule all categories. It is very important to base plan off the funds in the category.
    • For 2017, UTP there was a performance basis. Funding has been allocated to all 12 categories. Belief of HB 20 is that overtime after tracking measures, the commissioner could make adjustments to categories.
    • Marc Williams, TxDOT – looking at the formulas that drive the distribution to funds in category 2 and 7. Been working with various groups to make adjustments to formulas. Commission is waiting to see how the process pans out with MPOs.
  • Pickett – the maintenance criteria is mundane and out of date, would like to include with funding.
    • Category 1 has a number of different factors. Once a decision is made on allocation, then it is distributed to the districts.
  • Pickett – how many subsets do you have for category 12?
    • Texas Clear Lanes is the main one.
  • Pickett – some people that made the decisions did not have all information when dedicating funds in that category.
    • There is no new funding that is being added. The last new funding was 3 years ago.
  • Pickett – question on the 10% discretionary from HB 20?
    • The statute says budget and the UTP is referred to. But this provision says budget, thus assuming the whole budget.

Russ Horton, George Brother, Kincaden, Horton LLC – For SB 312

  • Concern of clients revolves around height of outdoor media signs
  • Suggests there is some guidance on regulation for height of signs

 
SB 312 left pending.
 
HB 2584 (Raymond) Relating to regulation by the Texas Department of Transportation of the spacing along highways of outdoor advertising in municipalities.

  • CS laid out.
  • Shared story on behalf of Laredo sign issues
  • When regulating outdoor advertising in Laredo, TxDOT may not consider municipal owned electronic signs on spacing distances.
  • CS with perfecting language would address TxDOT concerns.

 
Horatio DeLeon, City of Laredo – For HB 2584

  • Local issue created 15 years ago when Laredo Energy Sign was built and renovated in 2016.

 
HB 2584 left pending.