Call to Order

9:00 A.M. CONVENE MEETING

Item 1

Safety Briefing
Staff will provide general safety instruction.

Item 2

Special Safety Presentation (Presentation)

Item 3

Consider the approval of the Minutes of the April 26, 2018, regular meeting
of the Texas Transportation Commission

Item 4

Acknowledgment of Service
Recognize by resolution James K. (Kelly) Selman, P.E., Dallas District Engineer,
for 32 years of service to the department

Item 5A

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.

Construction of Highways and Other Transportation Facilities
(see attached itemized list) (MO)

Item 5B

Highway Maintenance (see attached itemized list) (MO)

Item 5C

Construction and Rehabilitation of Buildings
(see attached itemized list) (MO)

Item 6A

Design-Build Contracts
Dallas County - I-635 LBJ East Project - Consider authorizing the department
to issue a request for qualifications to design, develop, construct, and potentially
maintain improvements in the I-635 corridor from US 75 to I-30 in Dallas County
(I-635 LBJ East Project), with no new toll lanes, and consider approving the
department’s determination to exercise its option to develop, finance, construct,
and operate the I-635 LBJ East Project. The project includes the full
reconstruction of the facility with the addition of one general purpose lane in each
direction, to "grandfather" and permit the reconstruction of the existing one tolled
managed lane in each direction, construction of continuous frontage roads, and
improvements to the I-635/I-30 interchange. The project will not include
funding from either Propositions 1 or 7. (MO) (Presentation)
Transportation Code §223.242 authorizes the department to enter into, in each fiscal year, up to
three design-build contracts for highway projects with a construction cost estimate of $150 million
or more. The I-635 LBJ East Project is a crucial element to providing system continuity and
improving safety and mobility in the area and meets the requirements for design-build delivery.

Item 6B

Hidalgo County - I-2/I-69C Interchange Project - Authorize the department to
issue a request for qualifications to design, develop, construct, and potentially
maintain the non-tolled I-2/I-69C Interchange Project, which provides for the full
reconstruction of the I-2/I-69C interchange and operational improvements to I-2
and I-69C in McAllen, Pharr, and San Juan in Hidalgo County (MO)
(Presentation)

Transportation Code §223.242 authorizes the department to enter into, in each fiscal year, up to
three design-build contracts for highway projects with a construction cost estimate of $150 million
or more. The I-2/I-69C interchange currently consists of one lane direct connectors that result in
traffic congestion and reduced mobility within the project area. The I-2/I-69C Interchange
Project will provide for two lane direct connectors, increased capacity on I-2, and other
operational improvements. These crucial elements provide system continuity and improve
capacity, connectivity, and mobility in the area.

Item 7

Discussion Item
Legislative Appropriations Request (LAR)
Discussion regarding the development of the Texas Department of
Transportation's Fiscal Year 2020-2021 Legislative Appropriations Request
(Presentation)
Staff will discuss the development of the LAR with the commission and seek direction on components of the
LAR, which include overall funding and FTE levels.

Item 8

Strategic Plan
115222 Consider the adoption of the 2019-2023 Strategic Plan for submission to the Legislative
Budget Board and Governor's Office (MO) (Presentation)
The department’s 2019-2023 Strategic Plan provides the mission, goals, action plans, and budget structure
(objectives, strategies, and budgetary performance measures) that will direct the department over the next
five years. In addition to these core components, the plan includes all of the supplemental components
required by the Legislative Budget Board and the Governor’s Office, such as the HUB plan, capital
improvement plan, workforce plan, survey of employee engagement report, customer service report, and an
identification of redundancies and impediments. Upon commission approval, department staff will finalize
the plan package according to the instructions provided by the Legislative Budget Board and the
Governor's Office for official submission of the plan to those entities by the June 8, 2018 deadline.

Item 9

Public Transportation
Various Counties - Consider the award of state and federal grant funds to various
entities for projects submitted in the biennial Coordinated Call for Projects, and the award
of residual funds to East Texas Council of Governments for fleet replacement (MO)
Entities responded to a coordinated program request for proposals for state funds and federal §5304
Statewide and Nonmetropolitan Transportation Planning Program funds, §5311 Formula Grants for Rural
Areas Program funds, and §5311(b)(3) Rural Transit Assistance Program funds. The awards identified in
this minute order reflect the allocation of funds to various responding entities. This minute order also
awards residual Transportation Investment Generating Economic Recovery (TIGER) program funds,
§5311 Formula Grants for Rural Areas Program funds, and state funds to East Texas Council of
Governments for fleet replacement.

Item 10A

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

Proposed Adoption
Chapter 2 - Environmental Review of Transportation Projects
Amendments to §§2.5, 2.7, 2.14 (General Provisions), §§2.43, 2.45, 2.49
(Environmental Review Process for Highway Projects), §§2.81, 2.83-2.85
(Requirements for Classes of Projects), §§2.101-2.103, 2.105-2.110 (Public
Participation); Repeal of §2.12 (General Provisions), §2.104 (Public
Participation), and §2.131 (Requirements for Specific Types of Projects and
Programs); and New §2.104 (Public Participation) (MO)
These changes implement Senate Bill 312, Section 21, 85th Legislature, Regular Session, 2017,
requiring a hearing for projects that substantially change the layout or function of a connecting
roadway or an existing facility, including the addition of managed lanes, high-occupancy vehicle
lanes, bicycle lanes, bus lanes, and transit lanes. They also add clarity, correct inconsistencies,
eliminate unnecessary rule language, more accurately implement statutory requirements, and
generally further streamline and improve the environmental review process.

Item 10B

Chapter 9 - Contract and Grant Management
Amendments to §§9.300-9.302, 9.305, 9.314, 9.316, 9.325, and 9.330, Small
Business Enterprise (SBE) Program (MO)
The proposed amendments are necessary to implement recommendations from the Texas Sunset
Advisory Commission that required the department to evaluate the Small Business Enterprise
program, and will allow the department to continue providing meaningful contracting
opportunities for small businesses. The proposed amendments also include minor technical
corrections to various provisions.

Item 10C

Chapter 9 - Contract and Grant Management
Amendments to 9.2, Contract Claim Procedure, 9.12, Qualification of Bidders,
9.13, Notice of Letting and Issuance of Bid Forms, 9.15, Acceptance,
Rejection, and Reading of Bids, and 9.17, Award of Contract; New 9.22,
Liquidated Damages, 9.23, Evaluation and Monitoring of Contract Performance,
9.24, Performance Review Committee and Actions, 9.25, Appeal of Remedial
Action, and 9.26, Inclusion of Contract Remedies in Contracts; Repeal of
9.101-9.115 (MO) (Presentation)
These rules implement the requirements of Senate Bill 312, 85th Legislature, Regular Session,
2017, (Transportation Code 223.012). Additionally, minor changes are made to update existing
rules to reflect current department practices.

Item 10D

Chapter 10 - Ethical Conduct by Entities Doing Business with
the Department
Amendments to 10.1, 10.2, 10.5, and 10.7 (General Provisions); 10.101 and
10.102 (Required Conduct by Entities Doing Business with the Department); and
10.251 - 10.254, 10.256, and 10.257 (Sanctions for Ethical Violations by Other
Entities); Repeal of 10.151 - 10.160 (Score Reduction for Ethical Violations by
Architectural, Engineering, and Surveying Service Providers); 10.201 - 10.206
(Removal of Precertification of Architectural, Engineering, and Surveying Service
Providers for Ethical Violations); and 10.255, Application of Sanction (MO)
To implement the requirements of Senate Bill 312, 85th Legislature, Regular Session, 2017, the
department is reorganizing its rules governing contractor performance and required ethical
conduct by entities doing business with the department. Amendments establish one departmentwide
process for sanctioning an entity doing business with the department for a violation of
required ethical conduct and revise the required conduct for entities doing business with the
department to align with conduct requirements in other chapters of department rules and with
contractor business ethics and conduct requirements for federal contracts.

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 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.
(1) El Paso County - FM 1505 in El Paso - Consider the removal from the
system, transfer of control, jurisdiction, and maintenance to the City of El
Paso (city), and quitclaim of right of way to the city (MO)
The district has determined that the highway is no longer needed as part of the system.
The city has agreed to assume control, jurisdiction, and maintenance. There is no record
title to the land, and it may be quitclaimed to the city without cost.
(2) Kaufman County - BS 34-A in Terrell - Consider the correction of an
error in a portion of the description of right of way to be transferred to the
City of Terrell (MO)
By Minute Order 114994, passed on July 27, 2017, a segment of BS 34-A was removed
from the highway system, and the commission recommended that the governor execute an
instrument transferring the right of way to the City of Terrell (city). However, Exhibit B
to the minute order contained an error in a portion of the description of the right of way.
This minute order corrects that error. The city has agreed to assume control,
jurisdiction, and maintenance and has requested that the right of way be transferred to
the city. The right of way may be transferred to the city without cost to remain in use for
public road purposes.
(3) Smith County - US 69 at County Road 145 in Bullard - Consider the sale
of a drainage easement (MO)
The district has determined that the easement is no longer needed for highway drainage
purposes and may be sold to the fee owner of the property.

c. Reports
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.

d. Finance
Travis and Williamson Counties - Consider the acceptance of the annual
Inspection Report for the Central Texas Turnpike System (MO)
The General Engineering Consultant's annual Inspection Report relates to the 2002 Project of the
CTTS, a toll project composed of the SH 130, SH 45N, Loop 1, and SH 45SE project elements, and
is required under the CTTS bond indenture. This report must be submitted to the commission
following each inspection and on or before the 90th day prior to the end of each fiscal year.

e. Highway Designation
Chambers County - In and near the cities of Old River-Winfree, Mont
Belvieu and Cove, consider extending the designation of FM 1409 on a new
location (MO)
This minute order extends the designation of FM 1409 on a new location from FM 565 in Old
River-Winfree southward through Mont Belvieu to FM 565 in Cove, a distance of approximately
3.8 miles.

f. Rail Clearance Deviations
Consider the approval of rail clearance deviations (MO)
This minute order authorizes approval of applications for rail clearance deviations, which are
waivers from clearance provisions for structures over and alongside railway tracks. The
department has reviewed the applications and seeks approval of these waivers.

g. 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