February 27, 2020 Texas Transportation Commission Meetings
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Call to Order - 9:00 A.M. CONVENE MEETING
Call to Order

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Item 1 - Safety Briefing
Staff will provide general safety instruction.
Item 1

Staff will provide general safety instruction.
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Open Comment and Commission Opening Remarks - Open Comment and Commission Opening Remarks
Open Comment and Commission Opening Remarks

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Item 2 - Consider the approval of the Minutes of the January 30, 2020, regular meeting
of the Texas Transportation Commission
Item 2

of the Texas Transportation Commission
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Item 3A - Contracts
Consider the award or rejection of contracts for highway construction and
maintenance, and construction and rehabilitation of buildings (Presentation)
These proposed minute orders contain information concerning the receipt of bids for
highway improvement contracts. The department may reschedule receipt of bids for
those projects where the commission rejects all bids. Those bids accepted by the
commission will result in conditional contract awards to the low bidders. Contract
award conditions may involve securing funding from other sources, the contractor's
ability to satisfy federal DBE subcontracting requirements, or other requirements as
outlined in the project bid proposal.
Highway Improvement and Other Transportation Facilities
(see attached itemized list) (MO)
Item 3A

Consider the award or rejection of contracts for highway construction and
maintenance, and construction and rehabilitation of buildings (Presentation)
These proposed minute orders contain information concerning the receipt of bids for
highway improvement contracts. The department may reschedule receipt of bids for
those projects where the commission rejects all bids. Those bids accepted by the
commission will result in conditional contract awards to the low bidders. Contract
award conditions may involve securing funding from other sources, the contractor's
ability to satisfy federal DBE subcontracting requirements, or other requirements as
outlined in the project bid proposal.
Highway Improvement and Other Transportation Facilities
(see attached itemized list) (MO)
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Item 3B - Routine Maintenance
(see attached itemized list) (MO)
Item 3B

(see attached itemized list) (MO)
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Item 3C - Construction and Rehabilitation of Buildings
(see attached itemized list) (MO)
Item 3C

(see attached itemized list) (MO)
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Item 4 - Discussion Item
Potential update to the 2020 Unified Transportation Program (Presentation)
The Unified Transportation Program (UTP) is a 10-year statewide plan for
transportation project development. Staff will facilitate a discussion of a potential
update to the 2020 UTP.
Item 4

Potential update to the 2020 Unified Transportation Program (Presentation)
The Unified Transportation Program (UTP) is a 10-year statewide plan for
transportation project development. Staff will facilitate a discussion of a potential
update to the 2020 UTP.
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Item 5 - Advisory Committee Appointment
Consider the appointment of members to the Port Authority Advisory Committee (MO)
This minute order approves appointment of members to the Port Authority Advisory
Committee to fill vacated terms. The purpose of the committee, created by state law, is to
offer advice and recommendations that will provide the commission and the department
with a broad perspective regarding maritime ports and transportation-related matters to
be considered in formulating department policies concerning the Texas maritime port
system.
Item 5

Consider the appointment of members to the Port Authority Advisory Committee (MO)
This minute order approves appointment of members to the Port Authority Advisory
Committee to fill vacated terms. The purpose of the committee, created by state law, is to
offer advice and recommendations that will provide the commission and the department
with a broad perspective regarding maritime ports and transportation-related matters to
be considered in formulating department policies concerning the Texas maritime port
system.
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Item 6 - Aviation
Various Counties - Consider the award of federal non-primary entitlement grant
funding, federal apportionment grant funding, and state grant funding for airport
improvement projects at various locations (MO) (Presentation)
Federal law authorizes the award of federal non-primary entitlement grant funding and
federal apportionment grant funding to preserve and improve the state's general aviation
system. State law authorizes the award of state grant funding for capital improvement
projects.
Item 6

Various Counties - Consider the award of federal non-primary entitlement grant
funding, federal apportionment grant funding, and state grant funding for airport
improvement projects at various locations (MO) (Presentation)
Federal law authorizes the award of federal non-primary entitlement grant funding and
federal apportionment grant funding to preserve and improve the state's general aviation
system. State law authorizes the award of state grant funding for capital improvement
projects.
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Item 7A - Public Transportation
Various Counties - Consider the award of federal §5339 and §5311 funds and
state funds to various rural transit districts for transit vehicles and facilities (MO)
The awards identified in this minute order reflect the allocation of funding to
various rural transit districts for the replacement of transit vehicles as well as
facility development and rehabilitation. The department was successful in
receiving federal discretionary §5339(b) funds for the purpose of replacing
transit vehicles beyond their useful life, completing one facility rehabilitation
project, and bringing specified ongoing facility projects through the
preconstruction phases. The department is also contributing additional §5311
funds and state funds to the projects to ensure a state of good repair through
2021.
Item 7A

Various Counties - Consider the award of federal §5339 and §5311 funds and
state funds to various rural transit districts for transit vehicles and facilities (MO)
The awards identified in this minute order reflect the allocation of funding to
various rural transit districts for the replacement of transit vehicles as well as
facility development and rehabilitation. The department was successful in
receiving federal discretionary §5339(b) funds for the purpose of replacing
transit vehicles beyond their useful life, completing one facility rehabilitation
project, and bringing specified ongoing facility projects through the
preconstruction phases. The department is also contributing additional §5311
funds and state funds to the projects to ensure a state of good repair through
2021.
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Item 7B - Various Counties - Consider the award of federal §5311(b)(3) grant funds to
Lower Rio Grande Valley Development Council (MO)
The award identified in this minute order reflects the allocation of §5311(b)(3)
Rural Transportation Assistance Program funds to Lower Rio Grande Valley
Development Council for the 2020 Texas Transit Association Safety Roadeo and
Conference training activities.
Item 7B

Lower Rio Grande Valley Development Council (MO)
The award identified in this minute order reflects the allocation of §5311(b)(3)
Rural Transportation Assistance Program funds to Lower Rio Grande Valley
Development Council for the 2020 Texas Transit Association Safety Roadeo and
Conference training activities.
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Item 8A - Promulgation of Administrative Rules Under Title 43, Texas Administrative Code,
and the Administrative Procedure Act, Government Code, Chapter 2001:
Rules Proposal
Chapter 3 - Public Information
Amendments to §3.11, Definitions, §3.12, Public Access, and §3.13,
Waiver of Fees for Certain Copies of Official Records (Access to Official
Records) (MO)
Senate Bill 944, 86th Legislature, added Government Code, §552.234, relating to the methods of
making written requests for public information. The rule amendments specify the proper methods
of making an open records request to the department. The amendments also clarify the process by
which documents relating to certain internal complaints will be provided without charge.
Item 8A

and the Administrative Procedure Act, Government Code, Chapter 2001:
Rules Proposal
Chapter 3 - Public Information
Amendments to §3.11, Definitions, §3.12, Public Access, and §3.13,
Waiver of Fees for Certain Copies of Official Records (Access to Official
Records) (MO)
Senate Bill 944, 86th Legislature, added Government Code, §552.234, relating to the methods of
making written requests for public information. The rule amendments specify the proper methods
of making an open records request to the department. The amendments also clarify the process by
which documents relating to certain internal complaints will be provided without charge.
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Item 8B - Promulgation of Administrative Rules (continued)
Amendments to §15.185, Allocation to Counties, §15.188, Application
Procedure, and §15.191, Agreement (County Transportation Infrastructure Fund
Grant Program) (MO)
House Bill 4280, 86th Legislature (HB 4280), amended Transportation Code,
Chapter 256, Subchapter C, which requires the department to administer a grant
program that will provide funding of county transportation infrastructure
projects located in areas of the state affected by increased oil and gas production.
The amendments modify the allocation formula for the program in accordance
with the changes made by HB 4280.
Item 8B

Amendments to §15.185, Allocation to Counties, §15.188, Application
Procedure, and §15.191, Agreement (County Transportation Infrastructure Fund
Grant Program) (MO)
House Bill 4280, 86th Legislature (HB 4280), amended Transportation Code,
Chapter 256, Subchapter C, which requires the department to administer a grant
program that will provide funding of county transportation infrastructure
projects located in areas of the state affected by increased oil and gas production.
The amendments modify the allocation formula for the program in accordance
with the changes made by HB 4280.
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Item 9 - Prohibition Order
Various Counties - Consider issuing an order prohibiting the operation of certain
motor vehicles on Texas Department of Transportation toll projects (MO)
Transportation Code, Section 372.110, authorizes the commission to issue an order
prohibiting the operation of a motor vehicle on a department toll project if the registered
owner of the vehicle has been finally determined to be a habitual violator, subject to
certain notice requirements. A person commits an offense if the person operates a motor
vehicle on a toll project in violation of the order. Subsequent offenses may result in
impoundment of the vehicle.
Item 9

Various Counties - Consider issuing an order prohibiting the operation of certain
motor vehicles on Texas Department of Transportation toll projects (MO)
Transportation Code, Section 372.110, authorizes the commission to issue an order
prohibiting the operation of a motor vehicle on a department toll project if the registered
owner of the vehicle has been finally determined to be a habitual violator, subject to
certain notice requirements. A person commits an offense if the person operates a motor
vehicle on a toll project in violation of the order. Subsequent offenses may result in
impoundment of the vehicle.
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Item 10 - Lease Agreement
Travis County - US 183 - Consider authorizing the department to enter into a lease
agreement with ATX Helps, a Texas domestic nonprofit corporation, to lease land on US
183 (MO)
This minute order authorizes the department to enter into a lease of real property with
ATX Helps, a Texas domestic nonprofit corporation, which real property is to be used as
a shelter for persons experiencing homelessness in the Austin area. The commission
will consider waiving the fair market value requirement for social mitigation purposes.
Item 10

Travis County - US 183 - Consider authorizing the department to enter into a lease
agreement with ATX Helps, a Texas domestic nonprofit corporation, to lease land on US
183 (MO)
This minute order authorizes the department to enter into a lease of real property with
ATX Helps, a Texas domestic nonprofit corporation, which real property is to be used as
a shelter for persons experiencing homelessness in the Austin area. The commission
will consider waiving the fair market value requirement for social mitigation purposes.
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Item 11 - Eminent Domain Proceedings
Various Counties - Consider the authorization of 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.
Item 11

Various Counties - Consider the authorization of 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.
»
Item 12 - Routine Minute Orders and Reports
a. Donations to the Department
Various Districts - Consider the acknowledgment of donations with a value of
$500 or more, including donations of money, materials, services, or real property,
that are made to the department for the purpose of assisting the department in
carrying out its functions and duties or for improving access to or from a highway
on the state highway system (see attached itemized list) (MO)
State statutes require the commission to acknowledge the acceptance of a gift to
the department that is valued at $500 or more. By the adoption of this minute
order, the commission acknowledges the receipt and acceptance of the property
specified in the minute order.
b. Real Estate Dispositions
The commission must approve the sales, transfers, and exchanges of state rights of way and
other
real properties that are no longer needed for a state highway purpose. It must
also approve, accept, and acknowledge donations to the state of real property
that is valued at $500 or more.
(1) Bexar County - PA 1502 (Wurzbach Parkway) - Consider an easement
release to the underlying fee owner (MO)
The district has determined that the easement is no longer needed for
highway purposes. The easement may be released to the underlying fee
owner.
(2) Bexar County - SS 53 - Consider the sale of right of way to an abutting
landowner (MO)
The district has determined that the land is no longer needed for highway
purposes. An abutting landowner has requested to purchase the land, and
it may be sold to the requester.
(3) Lubbock County - SL 289 - Consider the sale of right of way to an
abutting landowner (MO)
The district has determined that the land is no longer needed for highway
purposes. An abutting landowner has requested to purchase the land, and
it may be sold to the requester.
c. Reports
(1) Compliance Division Report
State law requires the commission to establish a compliance program,
which must include a Compliance Division to oversee the program. The
Compliance Division is responsible for acting to prevent and detect
serious breaches of department policy, fraud, waste, and abuse of office,
including any acts of criminal conduct within the department. The
Compliance Division is required to provide a monthly report to the
commission regarding investigations and a summary of information
relating to trends and recommendations.
(2) Grand Parkway Transportation Corporation
Annual report on the status of projects and activities undertaken by the
Grand Parkway Transportation Corporation (Report)
The commission's rules (43 Texas Administrative Code §15.90) require
transportation corporations to submit a report on the status of projects
and appear annually before the commission to discuss the report at the
commission's discretion. To satisfy this requirement, the Grand Parkway
Transportation Corporation has submitted the annual report to the
commission and is appearing to discuss at the commission's discretion.
d. Finance
(1) State Highway 249 System
i. Grimes and Montgomery Counties - Consider accepting the
Quarterly Construction Progress Report for the State Highway 249
System (MO)
Report of construction progress for the State Highway 249 System
(system) from September 1, 2019 to November 30, 2019. Under
provisions of the Master Trust Agreement for the system, dated
February 1, 2019, the commission is required to cause the general
engineering consultant to prepare a construction progress report
at least quarterly and to file the report with the trustee and the
commission.
d. Finance (continued)
(1) State Highway 249 System (continued)
ii. Grimes and Montgomery Counties - Consider accepting the
Annual Continuing Disclosure Report for the State Highway 249
System (MO)
Under provisions of the Master Trust Agreement for the State
Highway 249 System, dated February 1, 2019, the commission has
agreed to provide annual updates for certain operating and
financial information provided in the official statements. Updates
are due within six months of each fiscal year end.
(2) State Highway Fund
Consider accepting the Annual Continuing Disclosure Report for the State
Highway Fund revenue bond program (MO)
Under provisions of the Supplemental Resolutions to the Master
Resolution establishing the State Highway Fund revenue bond program,
the commission has agreed to provide annual updates for certain
operating and financial information provided in the official statements.
Updates are due within six months of each fiscal year end.
(3) Texas Mobility Fund
Consider accepting the Annual Continuing Disclosure Report for the
Texas Mobility Fund bond program (MO)
Under provisions of the Supplemental Resolutions to the Master
Resolution establishing the Texas Mobility Fund bond program, the
commission has agreed to provide annual updates for certain operating
and financial information provided in the official statements. Updates are
due within six months of each fiscal year end.
(4) Central Texas Turnpike System
Travis and Williamson Counties - Consider accepting the Annual
Continuing Disclosure Report for the Central Texas Turnpike System
(MO)
Under provisions of the Indenture of Trust for the Central Texas Turnpike
System, the commission has agreed to provide annual updates for certain
operating and financial information provided in the official statements.
Updates are due within six months of each fiscal year end.
e. Transportation Planning
(1) Grayson County - Consider designating proposed FM Spur 121
(Grayson Parkway) on a new location on the state highway system (MO)
This minute order designates FM Spur 121 (Grayson Parkway) on a new
location from FM 121, approximately four miles west of SH 289
southward to County Road 60 (Grayson County line), a distance of
approximately 4.5 miles.
(2) Various Counties - Consider the approval of the Fiscal Year 2019 Annual
Report on the Economically Disadvantaged Counties Program (MO)
State law requires the commission to provide an annual report on the
Economically Disadvantaged Counties Program to the governor, the
lieutenant governor, and the speaker of the House of Representatives.
This report documents the use of matching funds and local incentives as
well as the savings to counties participating in the program.
Routine Minute Orders and Reports (continued)
e. Transportation Planning (continued)
(3) Various Counties - Consider concurrence with the Regional
Transportation Council of the North Central Texas Council of
Governments' funding of construction and other project development costs
of projects to be advanced through the use of payments received from the
North Texas Tollway Authority in accordance with the SH 121 Toll
Project Agreement (MO)
The department has established a separate fund to account for and track
projects and project costs funded with the SH 121 payments. This minute
order authorizes the funding of additional project costs and changes to
the list of previously-approved projects. The project costs to be funded
were selected through a cooperative process with the Regional
Transportation Council.
f. Speed Zones
Various Counties - Consider the establishment or alteration of regulatory and
construction speed zones on various sections of highways in the state (MO)
This minute order establishes or alters regulatory and construction speed zones
on various sections of highways in the state.
Item 12

a. Donations to the Department
Various Districts - Consider the acknowledgment of donations with a value of
$500 or more, including donations of money, materials, services, or real property,
that are made to the department for the purpose of assisting the department in
carrying out its functions and duties or for improving access to or from a highway
on the state highway system (see attached itemized list) (MO)
State statutes require the commission to acknowledge the acceptance of a gift to
the department that is valued at $500 or more. By the adoption of this minute
order, the commission acknowledges the receipt and acceptance of the property
specified in the minute order.
b. Real Estate Dispositions
The commission must approve the sales, transfers, and exchanges of state rights of way and
other
real properties that are no longer needed for a state highway purpose. It must
also approve, accept, and acknowledge donations to the state of real property
that is valued at $500 or more.
(1) Bexar County - PA 1502 (Wurzbach Parkway) - Consider an easement
release to the underlying fee owner (MO)
The district has determined that the easement is no longer needed for
highway purposes. The easement may be released to the underlying fee
owner.
(2) Bexar County - SS 53 - Consider the sale of right of way to an abutting
landowner (MO)
The district has determined that the land is no longer needed for highway
purposes. An abutting landowner has requested to purchase the land, and
it may be sold to the requester.
(3) Lubbock County - SL 289 - Consider the sale of right of way to an
abutting landowner (MO)
The district has determined that the land is no longer needed for highway
purposes. An abutting landowner has requested to purchase the land, and
it may be sold to the requester.
c. Reports
(1) Compliance Division Report
State law requires the commission to establish a compliance program,
which must include a Compliance Division to oversee the program. The
Compliance Division is responsible for acting to prevent and detect
serious breaches of department policy, fraud, waste, and abuse of office,
including any acts of criminal conduct within the department. The
Compliance Division is required to provide a monthly report to the
commission regarding investigations and a summary of information
relating to trends and recommendations.
(2) Grand Parkway Transportation Corporation
Annual report on the status of projects and activities undertaken by the
Grand Parkway Transportation Corporation (Report)
The commission's rules (43 Texas Administrative Code §15.90) require
transportation corporations to submit a report on the status of projects
and appear annually before the commission to discuss the report at the
commission's discretion. To satisfy this requirement, the Grand Parkway
Transportation Corporation has submitted the annual report to the
commission and is appearing to discuss at the commission's discretion.
d. Finance
(1) State Highway 249 System
i. Grimes and Montgomery Counties - Consider accepting the
Quarterly Construction Progress Report for the State Highway 249
System (MO)
Report of construction progress for the State Highway 249 System
(system) from September 1, 2019 to November 30, 2019. Under
provisions of the Master Trust Agreement for the system, dated
February 1, 2019, the commission is required to cause the general
engineering consultant to prepare a construction progress report
at least quarterly and to file the report with the trustee and the
commission.
d. Finance (continued)
(1) State Highway 249 System (continued)
ii. Grimes and Montgomery Counties - Consider accepting the
Annual Continuing Disclosure Report for the State Highway 249
System (MO)
Under provisions of the Master Trust Agreement for the State
Highway 249 System, dated February 1, 2019, the commission has
agreed to provide annual updates for certain operating and
financial information provided in the official statements. Updates
are due within six months of each fiscal year end.
(2) State Highway Fund
Consider accepting the Annual Continuing Disclosure Report for the State
Highway Fund revenue bond program (MO)
Under provisions of the Supplemental Resolutions to the Master
Resolution establishing the State Highway Fund revenue bond program,
the commission has agreed to provide annual updates for certain
operating and financial information provided in the official statements.
Updates are due within six months of each fiscal year end.
(3) Texas Mobility Fund
Consider accepting the Annual Continuing Disclosure Report for the
Texas Mobility Fund bond program (MO)
Under provisions of the Supplemental Resolutions to the Master
Resolution establishing the Texas Mobility Fund bond program, the
commission has agreed to provide annual updates for certain operating
and financial information provided in the official statements. Updates are
due within six months of each fiscal year end.
(4) Central Texas Turnpike System
Travis and Williamson Counties - Consider accepting the Annual
Continuing Disclosure Report for the Central Texas Turnpike System
(MO)
Under provisions of the Indenture of Trust for the Central Texas Turnpike
System, the commission has agreed to provide annual updates for certain
operating and financial information provided in the official statements.
Updates are due within six months of each fiscal year end.
e. Transportation Planning
(1) Grayson County - Consider designating proposed FM Spur 121
(Grayson Parkway) on a new location on the state highway system (MO)
This minute order designates FM Spur 121 (Grayson Parkway) on a new
location from FM 121, approximately four miles west of SH 289
southward to County Road 60 (Grayson County line), a distance of
approximately 4.5 miles.
(2) Various Counties - Consider the approval of the Fiscal Year 2019 Annual
Report on the Economically Disadvantaged Counties Program (MO)
State law requires the commission to provide an annual report on the
Economically Disadvantaged Counties Program to the governor, the
lieutenant governor, and the speaker of the House of Representatives.
This report documents the use of matching funds and local incentives as
well as the savings to counties participating in the program.
Routine Minute Orders and Reports (continued)
e. Transportation Planning (continued)
(3) Various Counties - Consider concurrence with the Regional
Transportation Council of the North Central Texas Council of
Governments' funding of construction and other project development costs
of projects to be advanced through the use of payments received from the
North Texas Tollway Authority in accordance with the SH 121 Toll
Project Agreement (MO)
The department has established a separate fund to account for and track
projects and project costs funded with the SH 121 payments. This minute
order authorizes the funding of additional project costs and changes to
the list of previously-approved projects. The project costs to be funded
were selected through a cooperative process with the Regional
Transportation Council.
f. Speed Zones
Various Counties - Consider the establishment or alteration of regulatory and
construction speed zones on various sections of highways in the state (MO)
This minute order establishes or alters regulatory and construction speed zones
on various sections of highways in the state.
»
Item 13 - Executive Session, Open Comment, & Adjourn - Executive Session Pursuant to Government Code, Chapter 551
Section 551.071 - Consultation with and advice from legal counsel regarding any
item on this agenda, pending or contemplated litigation, or other legal matters.
OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission
will allow an open comment period, not to exceed one hour, to receive public comment on any
other matter that is under the jurisdiction of the department. No action will be taken. Each
speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the
beginning of the open comment period.
ADJOURN
Item 13 - Executive Session, Open Comment, & Adjourn

Section 551.071 - Consultation with and advice from legal counsel regarding any
item on this agenda, pending or contemplated litigation, or other legal matters.
OPEN COMMENT PERIOD - At the conclusion of all other agenda items, the commission
will allow an open comment period, not to exceed one hour, to receive public comment on any
other matter that is under the jurisdiction of the department. No action will be taken. Each
speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the
beginning of the open comment period.
ADJOURN
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