Item 1 - Safety Briefing & Special Presentation

1. Safety Briefing Staff will provide general safety instruction. Special Presentation

Item 2 - Approval of Minutes

Approval of Minutes of the February 28, 2013, meeting of the Texas Transportation Commission

Item 3 - Appointments

Appointments a. Freight Advisory Committee Appoint Members to the Freight Advisory Committee The Freight Advisory Committee was established on January 31, 2013, by Minute Order 113421, to facilitate effective planning for freight transportation. This minute order approves the appointment of three new members to the committee. One of the new members will replace a current committee member from the same organization. b. Private Activity Bond Surface Transportation Corporation Appoint a director to the Texas Private Activity Bond Surface Transportation Corporation The commission appointed three directors to new six-year terms in August 2011. There is now a vacancy on the board. c. Grand Parkway Transportation Corporation Appoint a director to the Grand Parkway Transportation Corporation The commission authorized the creation of the corporation and appointed three directors to the corporation’s board in March 2012 for initial terms expiring August 31, 2015. There is now a vacancy on the board.

Item 4 - Aviation

Aviation Various Counties - Award federal and state grant funding for airport improvement projects at various locations Federal law authorizes the award of federal funding to preserve and improve the state's general aviation system. State law authorizes the award of state funding for capital improvement projects. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks approval of the awards.

Item 5 - Unified Transportation Program

Unified Transportation Program Approve updates to the 2013 UTP The Unified Transportation Program (UTP) is a 10-year statewide plan for transportation project development. This minute order updates funding allocations based on funds transfer requests and the allocation of remaining fiscal year 2013 funds. In addition, this minute order updates project specific program lists, incorporates information regarding transportation development credits and includes minor revisions and technical corrections.

Item 6 - Toll Roads

Toll Roads 113527 a. Travis County - Establish new toll rate tables on SH 45 Southeast and the the Cameron Ramps along SH 130 to align the tolling system with other locations on the Central Texas Turnpike System This minute order authorizes new toll rate tables for SH 45 Southeast and the Cameron Ramps along SH 130. This change is necessary to reflect modifications being made to the vehicle classification system used at those locations. The new system will classify vehicles based on the number of axles, like the rest of the Central Texas Turnpike System, rather than classifying vehicles by shape as had been done previously at these locations. 113528 b. Travis and Williamson Counties- Establish temporary toll rate tables on SH 130, Segments 1-4 and SH 45 Southeast to charge the two-axle rate for all vehicles, regardless of classification This minute order authorizes a truck discount pilot program and establishes temporary toll rates for Segments 1-4 of SH 130 and SH 45 SE. During the pilot period, all truck toll rates will be the same as passenger car toll rates. The purpose of the pilot program is to reduce traffic congestion on I-35 by encouraging greater through trips of trucks on Central Texas toll roads.

Item 7 - Contested Case

Contested Case Hill County - Fairway Outdoor Advertising v. Texas Department of Transportation - Consider action on proposal for decision by administrative law judge concerning cancellation of an outdoor advertising permit, final order The executive director issued an order that cancelled Outdoor Advertising Permit No. 20457 located along I-35E in Hill County. The recommendation by the State Office of Administrative Hearings is that the Commission should not cancel the permit but instead impose a $500 administrative penalty.

Item 8 - Promulgation of Administrative Rules

Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Final Adoption 113530 (1) Chapter 1 - Management Amendments to §1.85, Department Advisory Committees (Advisory Committees) The proposed amendments to §1.85 create a freight advisory committee, which will serve as a forum for discussion regarding transportation decisions affecting freight mobility and promote the sharing of information between the public and private sectors on freight issues. 113531 (2) Chapter 7 - Railroad Facilities Amendments to §7.31, Safety Requirements (Rail Safety) As a result of the department’s review of its rules outdated references to some laws were discovered. The changes merely update and consolidate the references to reflect current law.

Item 9 - Office of Compliance and Ethics

Office of Compliance and Ethics a. Office of Compliance and Ethics Report State law requires the commission to establish a compliance program, which must include a compliance office to oversee the program. The compliance office 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 office is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. 113532 b. Consider amendments to the employee ethics policy This minute order revises Minute Orders 84437 and 113114 to change the employee ethics policy to align it more closely with ethics laws for state employees.

Item 10 - Finance

Finance El Paso County - Consider the preliminary approval of a request for financial assistance in the form of a loan from the Camino Real Regional Mobility Authority (CRRMA) to cover certain operations and maintenance expenses of the managed lanes on Loop 375 César Chávez—Border Highway Project, from US 54 to Zaragoza Road in El Paso County CRRMA submitted an application for a loan in the amount of $9.4 million to pay for certain operations and maintenance costs for the managed lanes on Loop 375, César Chávez—Border Highway Project, during the first decade of operation.

Item 11 - Contracts

Contracts Award or reject contracts for maintenance, highway and building construction 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. 113534 a. Highway Maintenance and Department Building Construction (see attached itemized list) 113535 b. Highway and Transportation Enhancement Building Construction (see attached itemized list)

Item 12 - Eminent Domain Proceedings

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 list) 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 13 - Routine Minute Orders

Routine Minute Orders 113537 a. Donations to the Department Various Districts - Consider the acceptance of donations made to the department to include: (a) donations in any form, including realty, personalty, money, materials, or services, which are made to the department for the purpose of carrying out its functions and duties; and (b) donations from landowners, with land adjacent to a highway that is part of the state highway system, to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner’s land. (See attached itemized list) The donation will ensure the safety of the traveling public. 113538 b. Right of Way Dispositions and Donations Falls County - I-35 at Old Blevins Road - Consider the conveyance of surplus right of way (surplus land) in exchange for needed right of way (new land) and acceptance of a donation to the state The district has advised that the new land is needed for a highway improvement project and that the surplus land is no longer needed for highway purposes. The owner of the new land has agreed to the exchange of land and donation to the state of the difference in value. c.Highway Designations 113539 1. Erath County - Redesignate SH 267 as US 67/US 377 along a new location and extend the Business US 67-K designation along the old alignment of US 67/US 377, in and around the city of Dublin The Fort Worth District has requested that SH 267 be redesignated as US 67/US 377 (concurrent routes) along a new location in the city of Dublin from CR 234 approximately 1.6 miles north of FM 219 southwestward to approximately 1.8 miles north of the Comanche county line, a total distance of approximately 5.0 miles. This minute order will also extend the Business 67-K designation along the old alignment of US 67/US 377 in Dublin, from approximately 0.8 mile north of FM 219 northward approximately 0.8 mile to CR 234. 113540 2. Smith County - Rescind Minute Order 84162, dated February 26, 1986, extending the designation of FM 345 near the community of Omen, and remove the extension from the state highway system The Tyler District has requested the rescission of a previous minute order extending the designation of FM 345 from the community of Omen southwestward along existing County Road 2142 to FM 346, a distance of approximately 2.9 miles. The minute order was accepted by Smith County on March 10, 1986; however, the county has not furnished the required right-of-way in accordance with the terms of the minute order. 113541 3. Titus County - In and near the city of Mount Pleasant, redesignate the segment of FM 1000 from US 271 to FM 1735 as FM 4000, and remove the segment from FM 1735 to SH 49 from the state highway system Previous minute orders extended the designation of FM 1000 from US 271 eastward to SH 49. Due to a change in project scope, the Atlanta District has requested the redesignation of a segment of FM 1000 from the US 271 Relief Route in the city of Mount Pleasant eastward approximately 4.8 miles to FM 1735, and the removal of a second segment from FM 1735 eastward approximately 1.1 miles to SH 49. d. Release of Access Brazoria County - SH 288, immediately south of Discovery Bay Drive in Pearland - Consider the designation of a location on the highway at which access will be permitted to the abutting property The designation of a 65-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to and from the southbound frontage road. The district has determined that access may be permitted at the designated location. 113543 e. Finance Travis and Williamson Counties - Accept the Report of Actual Traffic and Revenue for the Central Texas Turnpike System (CTTS) Report of actual traffic and revenue for the CTTS as of Feb 28, 2013, as required by the CTTS Indenture of Trust. 113544 f. Speed Zones Various Counties - Establish or alter regulatory and construction speed zones on various sections of highways in the state This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.

Open Comment Period & Adjournment

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