The Sunset Advisory Commission has published their Staff Report on Texas Department of Transportation. A spotlight on the summary and staff issues/recommendations is provided below, for complete details please refer to full report.
Summary Spotlight
Generally, the review found the department has made good-faith efforts to address previous concerns, but improvements most critical to its ability to meet high expectations are far from complete. TxDOT needs to get out of its crisis mode mentality developed in previous times of change and funding uncertainty, and implement a more proactive and streamlined approach to delivering highway projects from beginning to end.
While continued legislative scrutiny is certainly warranted especially with the new funding, the Legislature can still keep a close watch on TxDOT in other ways until the next Sunset review, such as through the joint oversight committee recommended in this report.
Issues/Recommendations
Issue 1 – TxDOT’s Progress Toward a More Transparent, Performance-Based Transportation Planning Process Is Far from Complete
- Require TxDOT to adopt one consistent set of statewide transportation goals, revise its approach to distributing funding to better align with these goals, and better analyze and report on the impact of funding decisions.
- Require TxDOT to update its approach to project prioritization, evaluating a project’s strategic need and impact on transportation goals before other factors.
- Require TxDOT to streamline and clarify public information requirements relating to its key 10-
- year planning document and improve the online project tracker system.
- Maintain oversight of TxDOT’s delivery of significant new funds and progress toward performance based planning through a joint oversight committee.
Issue 2 – TxDOT Must Quickly Finalize Ongoing Project Development Fixes to Eliminate Backlogs and Prepare for the Future
- Require TxDOT to finalize implementation of its new project portfolio review process and publicly share resulting performance information.
- Direct TxDOT to regularly analyze performance and report on its progress addressing several problem areas, including on-time, on-budget construction; right-of-way backlogs; and the Modernize Portfolio and Project Management information technology project.
- TxDOT should develop a more risk-based, cross-functional focus to its internal project development activities and improve proactive external stakeholder outreach to avoid conflicts with future planned transportation projects.
Issue 3 – TxDOT Lacks Critical Contract Oversight Tools to Efficiently Spend Billions in Taxpayer Dollars and Better Deliver Construction Projects on Time
- Require TxDOT to include a range of contract remedies in its traditional low-bid highway contracts and adopt rules to ensure its liquidated damages accurately reflect the cost of project delays.
- Require TxDOT to conduct contractor evaluations and consider past performance in determining bid capacity through a process defined in rule.
- Direct TxDOT to develop criteria for applying project incentives such as milestone payments.
- Direct TxDOT to provide guidance for district management of construction engineering inspectors, including how to perform staffing analyses and manage these expanding contracts.
- Direct TxDOT to provide additional guidance and training for newly decentralized responsibilities such as managing design-build contracts and certain professional engineering services procurements.
- Direct TxDOT to develop a risk-based approach to reviewing and approving contracts.
Issue 4 – TxDOT Has Not Taken Proactive Steps to Improve Contracting Opportunities for Disadvantaged Businesses
- Direct TxDOT to set more meaningful goals for its business opportunity programs and streamline certification to increase participation of businesses eligible for multiple programs.
- Direct TxDOT to improve central monitoring and support for its business opportunity programs.
- Direct TxDOT to evaluate the small business enterprise program and develop policies and rules to provide meaningful opportunities for small businesses.
Issue 5 – TxDOT’s Process Improvement Efforts Lack Clear, Measurable Results
- Direct TxDOT to centrally coordinate and track results of business process improvement efforts, including the use of private management consultant contracts, and consider implementing a rapid process improvement program similar to the Texas Workforce Commission.
Issue 6 – TxDOT Does Not Effectively Oversee or Support Its 25 Districts
- Direct TxDOT to actively and consistently monitor, evaluate, and report district performance.
- Direct TxDOT to improve communication with and support of the districts.
Issue 7 – The State’s Aging Aircraft Fleet Raises Questions About Its Future and Requires More Accountability for Its Use
- Require TxDOT to provide the Legislature a thorough range of analyses and options for deciding the future of the state aircraft fleet within its long-range fleet plan.
- Tighten statutory criteria for use of state aircraft, prioritizing cost effectiveness and need over convenience, and specify state agency heads are responsible for ensuring their employees’ use of state aircraft meets statutory criteria.
- Direct TxDOT to adopt a clear internal policy governing the appropriate use of the state aircraft fleet by department staff and regularly monitor usage.
Issue 8 – Paper Crash Reports Increase Administrative Costs and Limit the Reliability and Timeliness of Vital Safety Data
- Require law enforcement agencies to submit crash reports electronically to TxDOT by September 1, 2019 and eliminate the unnecessary driver crash report requirement.
Issue 9 – Texas Has a Continuing Need for the Texas Department of Transportation
- Continue the Texas Department of Transportation for 12 years.
Issue 10 – The Department’s Statute Does Not Reflect Standard Elements of Sunset Reviews
- Update the standard across-the-board requirement related to commission member training. Discontinue two of TxDOT’s reporting requirements and modify four others.
- Direct TxDOT to more proactively implement and monitor its efforts to increase workforce diversity.