Item 1 - Safety Briefing

Safety Briefing
Staff will provide general safety instruction.

Item 2 - Approval of Minutes

Approval of Minutes of the April 25, 2013, meeting of the Texas Transportation Commission

Item 3 - Resolution

Resolution
Recognize Connie Bohuslav, Executive Assistant, upon her retirement from the
department after 25 years of service

Item 5 - Appointments (Part 1 of 2)

a. Appoint one 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 Houston Authority, at that entity’s request.

b. Appoint one member to the Grand Parkway Association
Board of Directors (MO)
State law requires transportation corporations to have a board in which the powers of the
corporation reside. The commission shall appoint each director for a term not to exceed six
years. This minute order approves the appointment of one member to the Grand Parkway
Association Board of Directors. The member’s six-year term will expire May 30, 2019.

Item 4 - Discussion Items

Discussion Items
DEFER a. Status of the 2013 Unified Transportation Program
Presentation and discussion on the status of remaining unallocated funds in the 2013 Unified
Transportation Program and potential project opportunities that may be considered for future
updates based on current needs.
b. TxDOT preparation for 2013 Hurricane Season (PRESENTATION)
A brief presentation of how the department has prepared to respond should a hurricane strike the
gulf coast.
c. Update on the award of funds to continue safe operation of air traffic control
towers impacted by recent federal action
As a cost savings measure, the Federal Aviation Administration scheduled 149 Contract Air
Traffic Control Towers to close beginning April 7, 2013. The commission took action on April 4,
2013, to provide Texas airports affected by FAA’s decision financial assistance to continue tower
operations after April 7th. Staff will provide an update regarding FAA’s decision to keep the
contract towers open for the remainder of fiscal year 2013 as a result of the Reducing Flight
Delays Act of 2013.

Item 5 - Appointments (Part 2 of 2)

a. Appoint one 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 Houston Authority, at that entity’s request.

b. Appoint one member to the Grand Parkway Association
Board of Directors (MO)
State law requires transportation corporations to have a board in which the powers of the
corporation reside. The commission shall appoint each director for a term not to exceed six
years. This minute order approves the appointment of one member to the Grand Parkway
Association Board of Directors. The member’s six-year term will expire May 30, 2019.

Item 6 - Aviation

Aviation
Various Counties - Award federal and state grant funding for airport
improvement projects at various locations (MO)
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 7 - Public Transportation

Public Transportation
a. Jefferson County - Award transportation development credits to the City of
Beaumont for the replacement of transit vehicles (MO)
The South East Regional Planning Commission has programmed CMAQ funds for the purchase of
transit vehicles in the Beaumont urbanized area. The transportation development credit award
identified in this minute order to the City of Beaumont will provide the match to the federal funds
for this capital project.

b. Various - Award federal funds from the Job Access Reverse Commute Program
(JARC, §5316), Bus and Bus Facilities Program (§5309), and state funds, and
transportation development credits to the South Plains Community Action
Association (MO)
The award identified is this minute order from the Federal Transit Administration’s JARC, Bus
and Bus Facilities Program, and state funds, and TDC will address an urgent need for fleet in the
South Plains Community Action Association’s, a rural transit district, service area. Due to a plant
closure in Plainview, Texas, employees of the affected plant need transportation to another plant
located in Friona, Texas.

c. Various Counties - Award federal §5304 and state match, §5311, §5311(f), Rural
Transit Assistance Program funds for the FY 2013 coordinated call for projects,
and award transportation development credits (MO)
The awards identified in this minute order reflect the allocation of federal grant funds from
several Federal Transit Administration programs and state match to various entities and public
transportation providers responding to a coordinated program request for proposal.
Transportation development credits are awarded to various agencies to assist with the match of
federal funds for capital projects.

d. Various Counties - Award federal §5311, Formula Grants for Rural Areas
Program, funds to rural transit districts for FY 2013 (MO)
The awards identified in this minute order reflect the allocation of federal grant funds from the
Federal Transit Administration §5311, Formula Grants for Rural Areas Program, to rural public
transportation providers for a formula allocation based on vehicle revenue miles.

e. Various Counties - Award federal §5311, Formula Grants for Rural Areas
Program, funds to rural transit districts for FY 2013 (MO)
The awards identified in this minute order reflect an allocation of federal grant funds from the
Federal Transit Administration §5311, Formula Grants for Rural Areas Program, to rural transit
agencies to address impacts of the 2010 Census beyond the formula-based awards previously
awarded by the Texas Transportation Commission in December 2012.

f. Various Counties - Award federal and state funds, and transportation
development credits to Texoma Area Paratransit System (MO)
The awards identified in this minute order reflect the award of the balance of federal and state
grant funds, and TDC originally awarded to Collin County Committee on Aging (CCCOA) under
several prior actions of the commission. The Texoma Area Paratransit System, now serves as the
rural transit district providing transit service to the area previously served by CCCOA.

Item 8 - Transportation Planning

Transportation Planning
Various Counties - Designate various Interstate Highways concurrent with existing US
Highways (MO) (PRESENTATION)
The commission will consider the designation of new Interstates on the state highway system concurrent
with existing US Highways. Once designated, these highways will operate as part of the Interstate System
in Texas. Action is subject to approval of these designations by the Federal Highway Administration.

Item 9 - 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
113585 (1) Chapter 2 - Environmental Review of Transportation Projects (MO)
Amendments to §2.12, Project Coordination (General Provisions), and
§2.103, Public Participation for an Environmental Impact Statement or
Supplemental Environmental Impact Statement (Public Participation)
The adoption of new memoranda of understanding with the Texas Parks and Wildlife
Commission, Texas Historical Commission, and Texas Commission on Environmental
Quality has resulted in a reorganization of Chapter 2 of the commission’s rules. These
amendments merely change references in Chapter 2 to accurately cite the new
provisions.
113586 (2) Chapter 2 - Environmental Review of Transportation Projects (MO)
Repeal of §2.21, Purpose, and §2.22, Memorandum of Understanding with
the Texas Parks and Wildlife Department; and New Subchapter G,
Memorandum of Understanding with the Texas Parks and Wildlife
Department, New §§2.201-2.216 Transportation Code, §201.607, requires the department to enter into a memorandum of
understanding with each state agency that is responsible for the protection of the natural
environment or for the preservation of historical or archeological resources. This
updated agreement concerns the department’s coordination of certain transportation
projects with the Texas Parks and Wildlife Department. The agreement must be updated
every five years. The changes will make the coordination process more efficient.
(3) Chapter 5 - Finance (MO)
Amendments to §5.107, Award by Commission, and §5.109, Discretionary
Award (Transportation Development Credit Program)
The amendments authorize the commission to award transportation development credits
(TDCs) in a lump sum to a program or category of projects which support a department
goal or initiative. The individual projects, and the exact amount of TDCs to be used for
each project, need not be specified at the time of award. This revision will enable to
department to utilize TDCs in a manner which maximizes federal funds on eligible
projects. In addition, the amendments clarify the process by which the commission will
allocate TDCs to support public transit projects each fiscal year.
113588 (4) Chapter 9 - Contract and Grant Management (MO)
New §9.40, Contract Under a Pilot Program (Contracting for
Architectural, Engineering, and Surveying Services)
This new section provides for the executive director or the executive director’s designee
to authorize the execution of an engineering, architecture, or surveying contract that
does not comply with the subchapter if the procurement was part of a pilot project
approved by the commission for the purpose of improving the efficiency and fairness of
the qualification-based procurement process.
b. Proposed Adoption
113589 (1) Chapter 4 - Employment Practices (MO)
Repeal of §§4.60-4.63 (Employee Training and Education) and New
§4.61, Tuition Assistance Program (Employee Training and Education)
The existing Tuition Assistance Program rules contain unnecessarily detailed internal
operating procedures and do not afford the department sufficient flexibility to administer
the program efficiently. The rules are being replaced with a rule generally authorizing
the department to set employee education policies according to state law.
113590 (2) Chapter 5 - Finance (MO)
Amendments to §5.52, Definitions, §5.58, Calculation of Pass-Through
Fares and Tolls, and §5.59, Project Development by Public or Private
Entity, and New §5.61, Solicitation of Private Proposals (Pass-Through
Fares and Tolls)
The amendments and new section will allow the department to solicit private passthrough
proposals for highway projects in circumstances other than a program call
issued under §5.54, and will allow the department to make payments to the private
developer from any available source, including project revenues and money in the state
highway fund, in order to reimburse a private entity's project-related costs, including
financing costs, and to pay a return on any private investment. The payment amounts
may be adjusted based on the private developer's compliance with performance measures
in the pass-through agreement. The amendments and new section will authorize the
department to solicit private proposals using a two-step procurement process (issuance
of a request for qualifications and issuance of a request for proposals from qualified
proposers), and using a one-step procurement process in which a request for proposals is
issued to prequalified proposers (including proposers qualified under a comprehensive
development agreement procurement that is converted to a procurement for a passthrough
agreement). The amendments and new section will facilitate the timely financing
and development of critical highway improvement projects that could not otherwise be
developed on a timely basis because the department has insufficient highway funds.
b. Proposed Adoption (continued)
113591 (3) Chapter 9 - Contract and Grant Management (MO)
Amendments to §9.35, Federal Process (Contracting for Architectural,
Engineering, and Surveying Services)
The Federal Highway Administration is conducting a pilot program to evaluate the use
of a “safe harbor rate.” The safe harbor rate serves as an indirect cost rate for firms
providing engineering and design-related services lacking an FAR-compliant indirect
cost rate. This amendment accommodates the department’s participation in the pilot
program.
113592 (4) Chapter 28 - Oversize and Overweight Vehicles and Loads (MO)
New §28.60, Purpose, §28.61, Definition, and §28.62, District’s Powers
and Duties, §28.63, Permit Eligibility, §28.64, Permit Issuance
Requirements and Procedures, §28.65, Permit Weight Limits for Axles,
§28.66, Movement Requirements and Restrictions, and §28.67, Records
(New Subchapter F, Port Freeport Permits)
These new sections provide the authority for Port Freeport to issue permits for the
operation of oversize and overweight vehicles on specific roads within Brazoria County.
The sections also establish the guidelines for the agreement between the county and the
department and the requirements the county must follow to issue the permits.

Item 10 - Office of Compliance and Ethics

Office of Compliance and Ethics
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.

Item 11 - Toll Roads

Toll Roads
a. Dallas and Tarrant Counties - Consider the approval of the department’s
determination to exercise its option to develop, finance, construct, and operate the
I-30 Managed Lanes Project from Baird Farm Road in Tarrant County to I-35E in
Dallas County (MO)
On March 20, 2013, the North Texas Tollway Authority (NTTA) waived and declined to exercise
its option to develop, finance, construct, and operate the I-30 Managed Lanes Project. S.B. 19,
82nd Legislature, Regular Session, 2011, established a new primacy determination process in new
Chapter 373 of the Transportation Code. Pursuant to Section 373.055 of the Transportation
Code, the department and NTTA finalized an agreement to alter the time limit for TxDOT to
exercise its option under Section 373.053 of the Code to develop, finance, construct, and operate
the I-30 Managed Lanes Project.
b. El Paso County - Consider the approval of the department’s determination to
exercise its option to develop, construct, finance, and operate the portion of the
Loop 375 Border Highway West Extension in El Paso County from Racetrack
Drive near Doniphan Road and New Mexico 273 (west of downtown) to US 54
(east of downtown) in the City of El Paso (Project) and authorize the department
to issue a request for qualifications for the development, design, construction,
maintenance, operation and potentially financing of the Project (MO)
(Presentation)
On May 8, 2013, Camino Real Regional Mobility Authority (CRRMA) waived and declined to
exercise its option to develop, construct, finance, and operate the Loop 375 Border Highway West
Project. S.B. 19, 82nd Legislature, Regular Session, 2011, established a primacy determination
process in Chapter 373 of the Transportation Code. As a result, the department has 60 days after
that date to decide whether it will exercise its option to develop, construct, finance and operate
that project, pursuant to Transportation Code, §373.053. The Loop 375 Border Highway West
Project is a high priority for the state and meets the conditions necessary for delivery under a
Design Build / Pass-Through agreement.
DEFER c. Various Counties - Consider the approval of a prohibition on the use of bicycles
on limited-access and controlled-access toll projects on the state highway system
(MO)
Section 545.065, Transportation Code authorizes the commission, by minute order, to prohibit the
use of a limited-access or controlled-access highway by bicycles. The proposed prohibition has
been determined to be necessary in order to protect the safety of the traveling public, and would
be effective upon the placement of all necessary traffic-control devices.

Item 12 - 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.
a. Highway Maintenance and Department Building Construction
(see attached itemized list) (MO)
b. Highway and Transportation Enhancement Building Construction
(see attached itemized list) (MO)

Item 13 - 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) (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 14 - Traffic Operations

Traffic Operations
Highway Safety Plan - Approve funding for the 2014 Highway Safety Plan (MO)
(PRESENTATION)
The department develops and implements an annual Highway Safety Plan (HSP). Federal funds are
allocated by the National Highway Traffic Safety Administration and are used for traffic safety projects
identified in the HSP. The HSP groups anticipated projects into focus-oriented program areas. This minute
order lists the number of projects in each program area and the allocated amounts for FY 2014.

Item 15 - Routine Minute Orders

Routine Minute Orders
113599 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) (MO)
The donations will ensure the safety of the traveling public.
b. Right of Way Dispositions and Donations
113600 (1) Brazoria County - SL 419 and SH 35 in Old Ocean - Consider the
removal from the system of a segment of SL 419, transfer of control,
jurisdiction, and maintenance to the county and re-designation of the
remaining segment of SL 419. Also consider the sale of surplus right of
way on SH 35 to the county (MO)
The district has determined that a segment of SL 419 is no longer needed as part of the
highway system and recommends that it be removed from the system. The county will
assume control, jurisdiction and maintenance. The remaining segment of SL 419 will be
re-designated. The surplus land on SH 35 is no longer needed for highway purposes.
The county has requested to purchase the surplus land, and it may be sold to the county.
113601 (2) Brazos County - SH 6 at SH 40 in College Station - Consider the sale of
surplus right of way to the abutting landowner (MO)
The district has determined that the surplus land is no longer needed for highway
purposes. The abutting landowner has requested to purchase the surplus land, and it
may be sold to the abutting landowner.
113602 (3) Collin County - FM 2478, old alignment at Kathryn Lane in Plano -
Consider the sale of surplus right of way to the abutting landowner (MO)
The district has determined that the surplus land is no longer needed for highway
purposes. The highway was realigned, and the abutting landowner has requested to
purchase the surplus land. The land was offered to the city, and the city declined to
purchase it. It may be sold to the abutting landowner.
113603 (4) El Paso County – I-10 at SL 375, south of Rojas Drive in El Paso-
Consider the sale of access rights to the abutting landowner (MO)
A property owner has requested a break in the control-of-access line for a driveway
location on the northbound frontage road. The district has determined that access may
be allowed to and from the highway facility at the requested location, and access rights
may be sold to the abutting landowner.
b. Right of Way Dispositions and Donations (continued)
113604 (5) Houston County - FM 357 4.1 miles southeast of Kennard -
Consider the acceptance of a donation of a roadway easement maintained
by the state (MO)
The property being donated to the department is currently a roadway easement utilized
and maintained by the state. The owner wishes to donate the property to the state. The
property being donated is valued at more than $500.
113605 (6) Upshur County - SH 154 from 0.7 miles west of US 259 to US 259
Consider the acceptance of a donation of land for a highway improvement
project (MO)
The property being donated to the department is necessary for the widening of SH 154.
The property being donated is in lieu of payment for the acquisition and is valued at
more than $500.
113606 c. Highway Designation
Navarro County - Designate SH 31 along a new location around the city
of Corsicana and redesignate the old alignment as SH 31-D Business (MO)
The Dallas District has requested the designation of SH 31 along a new location from
County Road 5141 south of Corsicana east and northeastward approximately 13.0 miles
to County Road SE 70. This minute order also redesignates the old alignment as SH 31-
D Business.
113607 d. Release of Access
Fort Bend - US 59, immediately south of First Colony Boulevard in Sugar Land -
Consider the designation of a location on the highway at which access will be
permitted to the abutting property (MO)
The designation of a 31-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.
113608 e. Redesignation of Access
Travis County - Authorize the redesignation of access control along Loop 1,
approximately 1800 feet south of the US 290/SH 71 (Ben White Boulevard)
intersection, for the property owned by Mopac Condominiums, Ltd, to move the
access point from its original location to a new location (MO)
Loop 1 is a controlled access facility and Mopac Condominiums, Ltd is requesting that its
property's existing point of access to Loop 1 be relocated from the existing location. The original
access point will be removed and access will be denied at that location.
113609 f. Reports
Accept 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 is required following each inspection
and on or before the 90th day prior to the end of each fiscal year.
113610 g. Speed Zones
Various Counties - Establish or alter 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 16 - Executive Session & Open Comment

16. Executive Session Pursuant to Government Code, Chapter 551
Section 551.071 - Consultation with and advice from legal counsel regarding any item on
this agenda

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