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The Senate Committee on Transportation met to take up interim charges related to roadway safety, TxDOT flight services, and to monitor SB 1915 and SB 2223, as they relate to the board of pilot commissioners for Harris County ports and two-way directional routes.

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

Charge 3 – Monitoring Charge SB 1915 and SB 2223

Wendy Montoya Cloonan, Commissioner of Port of Houston Authority

  • Newest member of Port Authority
  • Gave background on Port, contributes to 20% of state GDP
  • Commerce and QOL are impacted by Port 
  • Port has been working diligently to transition to new pilot board, reviewed current steps
  • Legislation does provide flexibility, but long-term solution to traffic is longer and deeper ship channel
  • Working to improve ship channel – could widen and deepen in 2030 if rely on federal process, trying to expedite it so working with private entities to make this a reality more quickly
  • Port is contributing own funds to make this happen
  • Private industry members have said they are ready to fund up to half of this project, we hope we can create a funding structure
  • Project is getting positive bi-partisan support
  • Nichols- You spoke about SB 1915, and SB 2223, we are no longer having over 1,100 ft ship vessels transit the ship channel. How much business are we losing?
    • We are working on how we can dig deeper and wider to make this happen
    • Roger Guenther- Port of Houston – Desire to bring larger ships, like Panama Canal can have. Understand they are restricted to 1,100 ft but as far as how much business we might be losing, only the carriers would be telling us that. If we don’t get this done quickly, cargo might be diverted to other ports
  • Hinojosa- What is happening to the larger ships that are not accommodated?
    • Legislation provides caveat that if 80% of pilots vote to bring in vessels larger than 1,100 ft they can
  • Hinojosa- What is timeline for us trying to figure this out?
    • If pilots don’t vote to bring in larger than 1,100 ft ships, then everyone agrees channel needs to be widened and deepened, goal is 5 years and hope is Congress would authorize. We have already designated over $28 million for this
  • Schwertner- WRDA legislation, there is word of a bill. $28 million, getting any back?
    • Guenther-In advance of bill, we put up $28 million knowing we were hoping we would have bipartisan support for authorization. We do expect to get that money back
  • Alvarado- For several years, Port of Houston was considering two-way traffic, little communication with customers along the port. The customer (the coalition) have committed approx. $0.5 billion for the widening and deepening. Everyone agrees that is what needs to happen. Speaker Pelosi feels optimistic we can get something done this year. When we were talking about this bill, we were concerned business would decrease, has that happened? Most of the growth from what I understand has been in commerce and cargo
    • Guenther – Yes, growth has continued. Concern is longer we go without ability to handle large ships, those ships will begin to go to other ports. It isn’t possible to put a finger on what business has been lost since September. There has been more business brought into the Port, but the large vessels are the next generation
  • Alvarado- I know they are concerned about large vessels, but we are also concerned about businesses along the Port being able to get their product out to the market

Captain Mark Mitchem, Houston Pilots

  • Submitted written testimony, gave synopsis of how pilots came about- SB 1915 and 2223 continued to give states the ability to regulate pilots
  • SB 1915, Houston pilots were neutral and decided it was up to state to decide governance
  • SB 1915 provided new pilot board, mostly appointed. Port of Houston has interlocal agreement that will fund them through June
  • Applicant Review Committee, compliance coordinator, and Investigations for incidents on ship channel (currently funded by the Port)
  • SB 2223- Port of Houston decided ships over 1,100 feet would be 1-way traffic. We moved some and started to allow 1,100 ships to meet some, but not all, which led to legislation
  • Nichols- How many pilots?
    • 100 pilots
  • Nichols- How is working with your own board?
    • We see it as a success. They are local community members, one issue is funding which will work itself out
  • Nichols- Some pilots have their own board
    • Yes, we will be the 3rd in the state that has board independent of pilots
  • Nichols-We are charged to make recommendations for legislation to improve, enhance, etc.
    • Funding is an issue but it’s getting worked out
  • Alvarado- What is process in place if you get 80% vote
    • There are 2 public meetings, Houston Pilots vote, then other stakeholders are invited to the public meetings. Also ships over 1,100 feet have to be able to meet all traffic, provided for in statute. Way forward is a wider channel
  • Alvarado- The community members would be able to speak at the public meeting?
    • Yes
  • Nichols- You mentioned, 20% of state’s GDP flows through that waterway?
    • Cloonan- Yes

Interim Charge 1-Safety

Michael Chacon, TxDOT

  • Gave statistics on numbers related to TX road fatalities each day, hour, etc.
  • Top 3 contributing factors to crashes 2014-2019
  • Failure to drive in single lane
  • Under influence of alcohol
  • Driving at wrong speed
  • TX experienced decrease in fatality rates (number of fatalities per 100 million miles traveled)
  • Lost lives in TX highways has remained relatively steady despite increases in population. Still averaging 10 fatalities per day in the state
  • 2019- DUI related deaths was 829, accounted for 23% of total number of people killed in motor vehicle crashes
  • 2019-67 pedalcyclists (bicycle, unicycle) lost lives on roads
  • 5,938 crashes involving pedestrians, over 600 lost lives, 18% of fatalities
  • Strategic Highway Safety Plan- Umbrella safety plan utilizing 3 E’s:
  • Engineering, education, and enforcement
  • Human factors contribute to largest number of crashes on TX roadways
  • 10 year Unified Transportation Project- more than $ 4 billion dedicated to category 8 safety programs, (median barriers, lighting, signs, rumble strips)
  • Road to Zero- Texas Transportation Commission approved minute order to reduce number of traffic fatalities by half by 2035 and to 0 by 2050
  • Solutions for Saving Lives on Texas Roads
  • (https://capitol.texas.gov/tlodocs/84R/handouts/C4702016120709001/6a1f8e92-49ee-44ea-8649-f0907a2e7483.PDF )
  • Report analyzed before and after crash data- report outlines most effective 3 E’s solutions, and notes laws effective in helping in other states (variable speed limits, sobriety checkpoints, etc.)
  • Nov 7, 2000- last deathless day on TX roads. Since then, we have had 68,000 people lose their lives on our roadways
  • Nichols- Any recommendations to what we might do to help roadway safety
    • James Bass, TxDOT- Attempted to avoid recommendations on the handout but did put down what other states have done and reported to be effective
  • Rodriguez- Do you have comparison data with other states
    • TX is number 1 in overall fatalities. We would want to look at fatality rate to account for smaller state population differences
  • Rodriguez- Fatalities regarding trucks, what are we doing?
    • Hank Sibley, THP-16% of fatalities in TX are related to commercial vehicle traffic. Operation Thunder- look for safety violations of truck drivers and tractors, we also work with partners to improve Inland Safety Sessions, with an aggressive inspection. We have commercial vehicle troopers and highway patrol troopers that can do commercial inspections. As we document violations, their insurance increases, so they often will take care of it themselves
  • Rodriguez- distracted driver fatalities- what extent does lack of enforcement contribute to fatalities? I see so many drivers on cell phone or texting
    • Sibley- Approx 11% of fatal crashes attributed to distracted driving, mostly cell phone usage. We do have laws on books for cell phone usage, some are difficult to enforce because people can keep them low in their car. People no longer admit they were texting while driving since it’s a law, if they were in a crash because they don’t want a ticket
  • Nichols- Variable speed limit that other states are using?
    • Yes, when traffic and road conditions change, the variable speed limit changes. Ex:  Drivers would begin to slow down before hitting a congestion
  • Nichols- You don’t have authority for variable speed limits now?
    • No
  • Kolkhorst- 3.5 times more fatalities in rural areas than urban. More fatalities in rural TX than urban, am I interpreting handout data correctly?
    • Yes. Primarily because there are wide open spaces, faster speeds. Speed is a large factor. In urban areas, there is often more congestion and you’re not going as fast
  • Kolkhorst- Safety money you put in category 8, we are talking about shoulder safety, divided highways, super 2’s, correct?
    • Correct, we are looking at low cost solutions that create high impact for safety
  • Kolkhorst- if there is a white line, are we putting rumble strips next to white line or in middle of shoulder? When you have high traffic, it gets so loud with truck traffic. I don’t know if there is a statewide policy, but we need to look at that
    • Rumble strip in middle of shoulder is an evaculane where people could drive on the shoulder. If you put it in the middle, I think you lose a little bit of safety
    • Super 2-what used to be a 2-way roadway that has been turned into a 3-lane roadway. 1 lane going North and 2 lanes going South, allows ability for passing for 1-2 miles and it alternates every 2-3 miles to allow passing on both sides

Hank Sibley, Chief Highway Patrol

  • We have been involved in process last couple of years with TxDOT especially, to utilize expertise combined with resources
  • We are combatting distracted driving as best we can
  • Move Over, Slow Down Law helps with safety
  • In last 4 years, we have had 66 TX highway patrol black and white cars hit on the road
  • Congested traffic initiatives- instructing troopers to not be on the road with lights going if they can get over to a shoulder or safer place. Congested traffic initiative is to keep traffic flowing
  • We have adopted TIMS and give instruction on this
  • We are employing drone technology to investigate and map crash instead of having to shut down the highway for several hours
  • Highways Safety Operations Center co-founded with TxDOT, uses data to figure out where we should employ resources to prevent accidents in the future
  • Hinojosa- Officers face danger everyday. What are we doing to reduce risk to officers and troopers when they are stopping people on highways?
    • We do required, yearly, in-service training, discuss getting out of kill zone (shoulder)

Robert Wunderlich, Texas A&M Transportation Institute

  • We assisted TxDOT in developing Highway Strategic Safety Plan, accessible on www.texasshsp.com 
  • High-risk behaviors associated with crashes:
  • Impaired driving
  • TTI has impaired driving plan and task force
  • Distracted driving
  • Drivers more aware of statewide texting law less likely to text and drive. Highest awareness in Wichita Falls and lowest texting rate. Influence of texting law awareness in Wichita Falls may be due to the existence of a local law regarding hand held phone use
  • High risk driving
  • High risk crash type: Intersections, have risen 6% fatalities
  • TTI worked with TxDOT to develop Safety Scoring Tool to see how design alternatives are affecting safety
  • High risk user groups:
  • Pedestrians- deaths have increased 18%, primarily in urban and dark areas
  • Young people 16-24 -28% of fatalities
  • People 65 and over- 17% of fatalities
  • TTI Efforts
  • Teens in Drivers Seat  (younger audience) program Driving for Life program (senior audience)
  • TTI’s approach to safety is to analyze crash and roadway data, vehicle types, and behaviors to discover relationships and develop countermeasures to train and educate
  • Rodriguez- Any review of existing pedestrian crossings?
    • Only 30% are cited to occur at intersections, many are happening in between those. We may need to provide safer crossings more often because of the tendency to cross illegally
    • We do have some fairly effective countermeasures in the Texas Highways Safety Plan
  • Hinojosa- I see distracted pedestrians. Or no sidewalks in construction areas
    • Both drivers and pedestrians are human and it really does take an aware pedestrian and motorist to help
  • Hinojosa- Construction sites, are we keeping data on how many accidents are happening at construction sites due to no sidewalks?
    • A law enforcement officer would file that on a report, but could potentially be done on a city level to look at that detailed of reports
  • Kolkhorst- Males are largely overrepresented in crash and fatality data
    • Males tend to drive more, so they may not be as overrepresented as it seems. It seems that males don’t change their risk behavior as much as males at their age
  • Rodriguez- One of you mentioned Wichita Falls ordinance helping with texting rate, is that something as state lawmakers we could mandate at local level
    • People in Wichita Falls were generally more aware that there are laws governing phones and driving and that may influence their behavior

Interim Charge 2-TxDOT Flight Services

Dan Harmon, TxDOT Aviation Division

  • Went over restrictions for service use of state aircrafts
  • Reviewed compliance process to ensure aircrafts are used for intended purpose
  • Gave overview of organization- location, state fleet, expenses to customer (pilot, fuel charge…), billed $561,000 in flight services
  • Maintenance- provide it for majority of all 38 state aircrafts
  • Nichols- Is there an audit to ensure inspections are being done?
    • We do QA analysis in house, logs and records person dedicated to making sure all inspections are done- maintenance mechanics sign off on it with their license
  • Schwertner-We have 289 general aviation airports- dually funded by state and federal government. Are we almost done with upgrading general aviation airports? Can you speak to that program?
    • We receive $45 million from government, designated for different purposes. That amount of money hasn’t changed in 18 years. Buying power of that has declined, we are doing fewer projects than before
  • Nichols-Those improvements are really important whether it is urban or rural
  • Kolkhorst- Question about billing and expenditures on the handout
    • Clarity was provided to distinguish between money spent on flight services versus maintenance

Tim Ochsner-Chief Pilot, Texas DPS

  • Gave overview of program
  • DPS has been required to increase flights and support operations. We have been forced to decentralize much of our maintenance
  • Decentralized maintenance has produced subpar maintenance results. 10% maintenance is outsourced when TxDOT reaches peak capacity and can’t handle anymore
  • Nichols- Did you express some concern about safety outside of TxDOT?
    • Correct, there are some calendar inspections that cannot be handled at TxDOT either, because they take several weeks
  • Nichols- can you not schedule those so that more can have maintenance with TxDOT?
    • We do projectile maintenance and look at it on a daily basis. Law enforcement is unpredictable and we use more hours on some aircrafts than expected. Then they may have to do unscheduled maintenance and pull them workers off scheduled maintenance to take care of that
  • Perry- Facility capacity is the issue? My staff took a tour and described what was going on
    • If I had additional facility capacity, I could theoretically handle more in house. We have mechanics but if we had a second hangar, it would help
  • Perry- Do you know how much that would cost? Upgrading the hangar?
    • We would have to displace TP&W and DPS planes to upgrade it
  • Nichols- 2200 to 7000 flights in 17 years. I would like to see change in use, how much is border, criminal justice, transporting to meetings, etc.
  • Hinojosa- Challenges along border, we have a lot of aircrafts in McAllen airport but don’t have capability to house some of the planes, so they are out exposed to the elements. Federal government, coast guard, planes. What are the challenges you have with maintenance along the border?
    • We have one of the best hangars in Edinburg, but there is no maintenance capability, it’s only for storage, so aircrafts must be flown back to Austin for maintenance
  • Hancock- Sounds like money is allocated for hangar in Edinburg that could be equipped to address maintenance needs and give two facilities that could address maintenance
    • Yes, if they were equipped for maintenance there, it would save a trip to Austin
  • Hinojosa- Part of the challenge, some of the aircrafts must be called on very short notice
  • Hancock- Which is why it would make sense to keep and maintain them where they are
    • It would depend on level of maintenance needed
  • Hancock- You have $5 million, would that not be enough?
    • Hangar wasn’t designed for doing same level of maintenance as there is in Austin, I would have to check with the planners
  • Alvarado- Do any of the planes in DPS or other fleets have black boxes?
    • We have one that is being built that will have something similar to that
  • Alvarado- How much of your DPS fleet was used in Harvey or other natural disasters
    • We had close to 300 rescues in 5 days immediately following Harvey

Bryan Reed, Chief Pilot, Texas Parks and Wildlife

  • Nichols- There was an issue with fueling at different times of day and night
    • Yes it has been resolved, we can now fuel our own helicopters at night