The TxDOT Commission met on Thursday, October 29 to hear updates from the Unified Transportation Program and the Aviation Advisory Committee. The Commission also appointed a new member to the Port Authority Advisory Committee and heard action items to implement legislation from the 84th session. This report focuses only on the discussion detailed below.
Item 1: Opening Remarks
Commissioner Bruce Bugg
- Thanks men and women of TxDOT who helped during the floods
Commissioner Jim Mosley
- Texas ranks poorly on deadly accidents/100,000 in population, and we look forward to finding ways to make highways safer
- Joins Lt. Gov. Patrick and Sen. Nichols on GOTV for prop. 7 in coming weeks
Commissioner Jeff Austin
- Drivetexas.org is website to share where closures and accidents are on Texas roads
- Commissioner of Insurance complimented TxDOT auditor for being lead on peer review team for the state agency internal audit forum to form best practices for state agencies
- Texas will receive Tiger grant – $20 million for rural transportation in 4 towns
- Texas Highways magazine has been honored by IRMA with 17 awards
- Congress will pass 3 week extension for funding to be able to negotiate a longer term bill
Item 3A: Discussion Items 2016 Unified Transportation Program (UTP) November updates (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2016 UTP in August. Staff will provide an overview of the proposed November updates to the program.
- Changes to funding levels based on revised financial forecast
- Increased based on the redistribution of federal FY 2015 obligation authority
- Increased obligation authority in FY 2016
- Provides additional Category 5 CMAQ, Category 7 STP-MM and category 9 TAP distribution
- Additional state funding levels in FY 2016 and FY 2017
- Reduced Proposition 1 targets for FY 2016 based on State comptroller office estimates
- Fund transfer requests
- Adjustments to funding on previously authorized projects
- Administrative revisions
- Carry over balances from FY 2015
- Draft exhibits can be found on TXDOT website
- Public hearing on November 5, at 10am
- Commission consideration for final adoption on November 19
Item 3B: Aviation Advisory Committee (Presentation) Update from the Texas Aviation Advisory Committee Created by state law, the purpose of the Aviation Advisory Committee is to advise the commission and department on aviation matters. The committee chairman will update the commission on the activities of the Texas Aviation Advisory Committee.
- TAC 30.203 established Aviation Advisory Committee in 1991
- 6 members appointed by the transportation commission to advise the commission and the department on aviation matters
- General aviation $14.6 billion output (directly and indirectly related business)
- 304 system airports in TX
- Airport investment since 1991 has totaled $1.3 billion
- TxDOT Flight Services
- 31 years and 65,600 hours incident/accident free
- Average age of fleet is 28 years
- We need money appropriated for new aircrafts for Governor and state leaders
- Proud of emergency responders who flew after September 11 and Hurricane Ike
Item 4: Advisory Committee Port Authority Advisory Committee Appoint new member to the Port Authority Advisory Committee (MO) State law requires the commission to appoint a seven-member Port Authority Advisory Committee to advise the commission and the department on port issues and to provide a forum for the exchange of information between the commission, the department, and committee members representing the Texas port system. This minute order appoints a new representative from the Port of Galveston, who will replace the member from the Port of Freeport.
- Mike Misura nominated for 3 year term
- Misura is appointed
Item 7A: Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 10 – Ethical Conduct by Entities Doing Business with the Department Amendments to §10.6, Conflict of Interest (General Provisions) (MO) The legislature has adopted a new revolving door law for state employees. The department is updating its rules on Ethical Conduct for Entities Doing Business with the Department to define the employment of certain former state employees who participated in the procurement or negotiation of a contract with the entity as a conflict of interest
- SB 20 of 84th legislature added restriction to employment of certain state employees
- Expands definition of conflict
- Staff recommends approval
- Amendments are adopted
Item 7B(1): Proposed Adoption (1) Chapter 9 – Contract and Grant Management Amendments to §9.81, Definitions, §9.83, Notice and Letter of Interest, §9.85, Evaluation, §9.87, Selection, and §9.89, Qualification Requirements for Appraisers (Contracts for Scientific, Real Estate Appraisal, Right of Way Acquisition, and Landscape Architectural Services) (MO) These amendments respond to the identified need for additional capacity in the contracting for Professional Real Estate Appraisal Services and Right of Way Professional Acquisition Provider Services in order to meet the demand for timely, cost effective and transparent delivery of right of way projects.
- Raise contract limit from $2 million to $4 million
- Clarifies and updates definitions
- Staff recommends approval
- Amendments are adopted
Item 7B(2): Proposed Adoption (2) Chapter 30 – Aviation New §§30.501-30.503 (Meteorological Evaluation Towers) (MO) The new sections implement Senate Bill 505, which was enacted during the 84th Legislative Session. The proposed rules require a person who owns, operates, or erects a meteorological evaluation tower to provide notice to the department of the existence of or intent to erect such a tower and register the tower with the department.
- Increasing prevalence of METS has caused concerns from FAA
- Towers are not mapped or marked for visibility for pilots
- This will disseminate information to pilots
- Staff recommends approval
- Amendments are adopted
Item 8A: Financial Assistance for Projects a. Accept the Quarterly Investment Report (MO) This minute order recognizes the commission's acceptance of the quarterly investment report for investments of funds relating to financing of the Central Texas Turnpike System and held by the Bank of New York Mellon, acting as trustee.
- CTTs investment strategy is based on safety of principal, liquidity, and yield
- Report is accepted
8B is not brought up
8C: Harris County – Authorize the Private Activity Bond Surface Transportation Corporation (corporation) to perform the functions necessary to promote and develop the SH 288 Toll Lanes Project finance plan including the issuance of private activity bonds and the loaning of any proceeds from private activity bonds issued by the corporation for the SH 288 Toll Lanes Project being developed through a comprehensive development agreement between the Texas Department of Transportation and the Blueridge Transportation Group (MO) In 2008, the commission created the Texas Private Activity Bond Surface Transportation Corporation to assist with the development and financing of transportation facilities. On February 26, 2015, the commission conditionally awarded the SH 288 Toll Lanes Project comprehensive development agreement to the Blueridge Transportation Group, which has proposed that the corporation issue private activity bonds for a portion of the financing for the SH 288 Toll Lanes Project. Pursuant to Chapter 431, Texas Transportation Code, the corporation, at the request of the commission, can perform the functions necessary to promote and develop the SH 288 Toll Lanes Project through the issuance of private activity bonds and the loaning of private activity bond proceeds to the developer for the SH 288 Toll Lanes Project.
Item 11: Eminent Domain Proceedings Various Counties – Authorize 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.
- 13 parcels are on non-controlled facilities and 6 parcels are on controlled facilities
- Motion to allow eminent domain is adopted
Meeting Adjourned