The Department of Transportation met to discuss the legislative overview and review administrative rules. This report only covers items 4 and 7 which includes the discussion regarding the 86th session and the administrative rules.

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.

 

Opening Comments:

  • Commissioner Ryan touches on TxDOT’s goal of meeting 0 deaths by 2050. There is funding that will be up to public comment.

 

Item 4– 86th Regular Legislative Session Overview and the General Appropriations Act (Presentation) The 86th Legislature adjourned sine die on May 27, 2019 and the governor’s veto period ended on June 16, 2019. Staff will provide a general overview of the General Appropriations Act (HB 1) and legislation enacted that impacts the department.

Trent Thomas, Director of State Legislative Affairs

  • SB 312 was adopted by Sunset and got positive remarks from the auditors
  • We are on target to complete our goals.
  • Commissioner New was confirmed to the Texas Transportation Commission.
  • Over 7500 bills were filed and TxDOT tracked 13% of those bills.
  • 366 bills that affected TxDOT were passed.
  • Regarding the budget, HB 1 totaled $30 billion dollars for our biennium budget and 88 percent of that budget is for project development.
  • We will not be getting the second half of proposition 7 for the vehicle tax.
  • Human trafficking was included in HB1 and will be addressed by TxDOT.
  • $125 million will go to the country infrastructure fund from SB 500.
  • Total FTES was greater than 12,000.
  • There were modifications to rider 3 which will allow for greater flexibility, modifications to rider 43 which allowed for 103% flexibility with FTEs, and rider 47 shows appropriations that will bring 250 million dollars to the county program.
  • Bills that were passed in 86th Session:
    • SB 69 extends the sunset date to 2034 and changes how the sufficient balance is modified.
    • HB 3745 extends the TERP program.
    • SB 537 allows for better preparations for emergency and disasters.
    • SB 6 is a disaster recovery bill that provides provisions and includes studies like the removal of wet debris.
    • HB 2830 allows TxDOT to move 6 projects during the biennium.
    • SB 1512 $10 million dollars can be appropriated to avoid project delays.
    • SB 2083 relieves the burden of property taxes for many of the TxDOT buildings.
    • SB 401 allows for TxDOT to fix the old buildings and needed upgrades.
    • HB 4280 modifies the formula for the distribution of money from the transportation infrastructure fund.
    • HB 799 discusses on bridge strikes and that the owner is liable for any damages.
    • SB 1092 allows us to do it through a low bid process and obtain the devices.
    • SB 1959 results in greater clarity on reporting and requires a single review of our port system in Texas.
    • HB 803 institutes reporting requirements for toll roads.
    • SB 198 allows customers another option for a method of payment for tolls.
    • SB 1091 discusses the vehicles that are eligible for veteran toll discount programs.
    • HB 1079 provides a feasibility study on costs associated with extending highway 27 and will appoint the advisory committee for Highway 27.
    • SB 357 brings the height for billboards and commercial signs to 65 feet.
    • 39 new highways were named this last session.
  • 15 legislations include information that will be needed to be implemented in the coming years and some rules are non-substantive
  • Discusses a document that shows the legislation that requires action.
  • We are wrapping up our final review and it will be published in the beginning of next week.
  • Austin- Was there a sunset date by the time the funds need to be utilized?
    • HB 4280 requires the funds to be spent 5 years.
  • New- For 2020, we are leaving the UTP as is, but for next cycle we are going to look at everything that happened. We will make an adjustment for a portion of the TERP money.

 

Item 7– Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001:

  • Proposed Adoption Chapter 9 – Contract and Grant Management Amendments to §9.87, Selection (MO) These amendments provide the department with more flexibility to contract for right of way acquisition provider services under an indefinite delivery contract.
    • Deferred to another meeting.
  • Final Adoption Chapter 15 – Financing and Construction of Transportation Projects §§15.50 – 15.53, and §15.55 relating to Federal, State, and Local Participation (MO)
    • The changes to Chapter 15 replace the standard funding type for joint participation agreements between the department and local agencies with conditions under which the use of fixed price or specified percentage funding types are recommended based on characteristics of the highway improvement or other transportation project. The updates include revised criteria to be considered in determining fixed price amounts and in determining local agency performance of project activities. The changes also move the chart with standard federal, state, and local funding participation ratios out of §15.55 and into department manuals.
    • Staff recommends adoption of this minute order.
    • This reduced the risk of extensive receivables.

Motion to approve item 7b.

Motion passes unanimously.