September 26, 2019 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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Additional Item - Additional Item
Additional Item

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Item 2 - Consider the approval of the Minutes of the August 29, 2019, regular meeting
of the Texas Transportation Commission
Item 2

of the Texas Transportation Commission
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Commission Opening Remarks - Commission Opening Remarks
Commission Opening Remarks

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Item 3 - Mission Statement
Consider the adoption of a new mission statement for the Texas Department of
Transportation (MO)
Item 3

Consider the adoption of a new mission statement for the Texas Department of
Transportation (MO)
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Item 4A - 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)
Item 4A

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)
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Item 4B - Routine Maintenance (see attached itemized list)
Item 4B

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Item 4C - Construction and Rehabilitation of Buildings
(see attached itemized list)
Item 4C

(see attached itemized list)
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Item 5 - Design-Build Contract
Bexar, Comal, and Guadalupe Counties - Consider authorizing the department to issue
a request for proposals to design, construct, and maintain the I-35 Northeast Expansion
Project, consisting of non-tolled improvements along I-35 from approximately I-410
South to FM 1103 in Bexar, Comal, and Guadalupe Counties; and consider approving
stipulated amounts as payment for the work product of unsuccessful proposers (MO)
(Presentation)
On April 25, 2019, in Minute Order 115466, the commission authorized the department to issue a request
for qualifications to design, develop, construct, and maintain the I-35 Northeast Expansion Project,
consisting of non-tolled improvements along I-35 from approximately I-410 South to FM 1103 in Bexar,
Comal and Guadalupe Counties. This minute order continues the procurement process by authorizing the
issuance of a request for proposals for the project, and approves stipulated amounts for the payment of the
work product of responsive, unsuccessful proposers.
Item 5

Bexar, Comal, and Guadalupe Counties - Consider authorizing the department to issue
a request for proposals to design, construct, and maintain the I-35 Northeast Expansion
Project, consisting of non-tolled improvements along I-35 from approximately I-410
South to FM 1103 in Bexar, Comal, and Guadalupe Counties; and consider approving
stipulated amounts as payment for the work product of unsuccessful proposers (MO)
(Presentation)
On April 25, 2019, in Minute Order 115466, the commission authorized the department to issue a request
for qualifications to design, develop, construct, and maintain the I-35 Northeast Expansion Project,
consisting of non-tolled improvements along I-35 from approximately I-410 South to FM 1103 in Bexar,
Comal and Guadalupe Counties. This minute order continues the procurement process by authorizing the
issuance of a request for proposals for the project, and approves stipulated amounts for the payment of the
work product of responsive, unsuccessful proposers.
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Item 8 - Municipal Utility Relocation Reimbursement
Bastrop County - Consider the approval of a request from the City of Smithville
(city) to make the relocation of the city’s utility facilities required by the SH 95 highway
improvement project an expense of the state under Transportation Code §203.092(a-4)
(MO)
Senate Bill 1512, 86th Legislature, made the expense of a relocation of a utility facility required by a state
highway project a cost of the state upon the commission’s determination that the utility meets the
requirements set forth in section 203.092(a-4) of the Transportation Code.
Item 8

Bastrop County - Consider the approval of a request from the City of Smithville
(city) to make the relocation of the city’s utility facilities required by the SH 95 highway
improvement project an expense of the state under Transportation Code §203.092(a-4)
(MO)
Senate Bill 1512, 86th Legislature, made the expense of a relocation of a utility facility required by a state
highway project a cost of the state upon the commission’s determination that the utility meets the
requirements set forth in section 203.092(a-4) of the Transportation Code.
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Item 6 - Direct Connectors - SH 99 and SH 249 Interchange
Harris County - Pursuant to an understanding between the department and Harris
County (county) regarding the county’s agreement to fund projects selected by the
department and the county that enhance regional mobility, consider designating four
proposed direct southern connectors at the interchange of State Highway 99 (Grand
Parkway) and State Highway 249 (Tomball Tollway) in Harris County (referred to as the
SH 249 DCs), connecting two existing toll projects, as toll projects funded and
constructed solely by the county on the state highway system; consider designating the
two direct connectors on the southeast side of the interchange (the Southeast DCs) as part
of the Grand Parkway Project and authorizing the Grand Parkway Transportation
Corporation (GPTC) to operate them as part of the Grand Parkway System; consider
approving the exercise of primacy for the Southeast DCs by the department to develop,
finance, construct and operate them; consider authorizing GPTC to perform any function
authorized, including those authorized by Chapter 431 of the Transportation Code, in
connection with the Southeast DCs; consider approving the assignment of revenues from
the Southeast DCs to GPTC; consider approving financial assistance under the existing
toll equity loan agreement between the department and GPTC for the SH 249 DCs, with
the requirement that no state funds, including funds from sources commonly known as
Proposition 1 or Proposition 7, may be used for the development or construction of the
SH 249 DCs (MO)
The department and Harris County have an understanding in which the county, in lieu of transferring the
Katy Managed Lanes to TxDOT as provided in a 2014 interlocal agreement between the parties, will
partially satisfy the obligations of the county under the interlocal agreement through the Harris County
Toll Road Authority's (HCTRA’s) funding, design, and construction of the SH 249 DCs. Although the
proposed SH 249 DCs will connect two toll facilities, none of these direct connectors have previously been
designated as a toll project; the minute order makes that designation. None of the proposed SH 249 DCs
will have toll gantries. This minute order authorizes the GPTC to operate the southeast DCs as part of the
Grand Parkway System by (1) affirming primacy, (2) authorizing GPTC to have authority or designate
authority to develop, finance, construct, and operate them, and (3) assigning the toll revenues from them to
GPTC. The two southwest direct connectors are expressly identified in the Market Valuation Waiver
Agreement as part of the Grand Parkway Project and further action by the commission is not needed to
incorporate them into the Grand Parkway System. In addition, the minute order will incorporate the
SH 249 DCs into the existing Grand Parkway toll equity loan agreement. The department and GPTC plan
to enter into an agreement with HCTRA pursuant to which HCTRA will design, construct, and finance the
SH 249 DCs on behalf of GPTC, and GPTC will operate and maintain the SH 249 DCs.
Item 6

Harris County - Pursuant to an understanding between the department and Harris
County (county) regarding the county’s agreement to fund projects selected by the
department and the county that enhance regional mobility, consider designating four
proposed direct southern connectors at the interchange of State Highway 99 (Grand
Parkway) and State Highway 249 (Tomball Tollway) in Harris County (referred to as the
SH 249 DCs), connecting two existing toll projects, as toll projects funded and
constructed solely by the county on the state highway system; consider designating the
two direct connectors on the southeast side of the interchange (the Southeast DCs) as part
of the Grand Parkway Project and authorizing the Grand Parkway Transportation
Corporation (GPTC) to operate them as part of the Grand Parkway System; consider
approving the exercise of primacy for the Southeast DCs by the department to develop,
finance, construct and operate them; consider authorizing GPTC to perform any function
authorized, including those authorized by Chapter 431 of the Transportation Code, in
connection with the Southeast DCs; consider approving the assignment of revenues from
the Southeast DCs to GPTC; consider approving financial assistance under the existing
toll equity loan agreement between the department and GPTC for the SH 249 DCs, with
the requirement that no state funds, including funds from sources commonly known as
Proposition 1 or Proposition 7, may be used for the development or construction of the
SH 249 DCs (MO)
The department and Harris County have an understanding in which the county, in lieu of transferring the
Katy Managed Lanes to TxDOT as provided in a 2014 interlocal agreement between the parties, will
partially satisfy the obligations of the county under the interlocal agreement through the Harris County
Toll Road Authority's (HCTRA’s) funding, design, and construction of the SH 249 DCs. Although the
proposed SH 249 DCs will connect two toll facilities, none of these direct connectors have previously been
designated as a toll project; the minute order makes that designation. None of the proposed SH 249 DCs
will have toll gantries. This minute order authorizes the GPTC to operate the southeast DCs as part of the
Grand Parkway System by (1) affirming primacy, (2) authorizing GPTC to have authority or designate
authority to develop, finance, construct, and operate them, and (3) assigning the toll revenues from them to
GPTC. The two southwest direct connectors are expressly identified in the Market Valuation Waiver
Agreement as part of the Grand Parkway Project and further action by the commission is not needed to
incorporate them into the Grand Parkway System. In addition, the minute order will incorporate the
SH 249 DCs into the existing Grand Parkway toll equity loan agreement. The department and GPTC plan
to enter into an agreement with HCTRA pursuant to which HCTRA will design, construct, and finance the
SH 249 DCs on behalf of GPTC, and GPTC will operate and maintain the SH 249 DCs.
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Item 7 - Audit Plan
Consider the approval of the Internal Audit Work Plan for Fiscal Year 2020 and
determine whether adequate resources have been dedicated to the Internal Audit Program
(MO) (Presentation)
State law requires the internal auditor to create an annual audit plan that is prepared using risk
assessment techniques and that identifies the individual audits to be conducted during the year. The Audit
Plan must be approved by the commission. In addition, the commission must review the resources
dedicated to the Internal Audit Program and determine if adequate resources exist to ensure that risks
identified in the annual risk assessment are covered in a reasonable timeframe.
Item 7

Consider the approval of the Internal Audit Work Plan for Fiscal Year 2020 and
determine whether adequate resources have been dedicated to the Internal Audit Program
(MO) (Presentation)
State law requires the internal auditor to create an annual audit plan that is prepared using risk
assessment techniques and that identifies the individual audits to be conducted during the year. The Audit
Plan must be approved by the commission. In addition, the commission must review the resources
dedicated to the Internal Audit Program and determine if adequate resources exist to ensure that risks
identified in the annual risk assessment are covered in a reasonable timeframe.
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Item 9 - 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 9

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.
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Item 10 - 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.
Routine Minute Orders and Reports (continued)
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) Chambers County - SL 207 - Consider the removal from the system and
transfer of jurisdiction, control, and maintenance of right of way to the
City of Mont Belvieu (MO)
The district has determined that the segment is no longer needed as part of the state
highway system. The City of Mont Belvieu (city) has agreed to assume jurisdiction,
control, 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, and it will revert to the state if it ceases to be used for public road
purposes.
(2) Hidalgo County - US 281 - 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. Report
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. Transportation Planning
Various Counties - Consider the certification of eligible counties for the 2020
Economically Disadvantaged Counties Program and establish local match
adjustments for each county and certain cities (MO)
State law requires the commission to annually certify economically disadvantaged counties as
soon as possible after the comptroller reports on the relevant economic indicators. This minute
order certifies the counties to participate in the Economically Disadvantaged Counties Program
for Fiscal Year 2020 and sets forth the local match adjustment for each county and certain cities
participating in the program.
e. Designation of Access Control
Liberty County - SH 146, in Dayton - Consider the removal of a 40-foot break in
the control of access line and re-designation of one location on the west side of
SH 146 at which access will be permitted to the abutting property (MO)
The removal of a 40-foot break in the control of access line and re-designation of one new 40-foot
break in the control-of-access line will allow the abutting landowner to open one commercial
driveway for access to and from the west side of SH 146. The district has determined that access
may be permitted at the designated location.
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 10

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.
Routine Minute Orders and Reports (continued)
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) Chambers County - SL 207 - Consider the removal from the system and
transfer of jurisdiction, control, and maintenance of right of way to the
City of Mont Belvieu (MO)
The district has determined that the segment is no longer needed as part of the state
highway system. The City of Mont Belvieu (city) has agreed to assume jurisdiction,
control, 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, and it will revert to the state if it ceases to be used for public road
purposes.
(2) Hidalgo County - US 281 - 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. Report
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. Transportation Planning
Various Counties - Consider the certification of eligible counties for the 2020
Economically Disadvantaged Counties Program and establish local match
adjustments for each county and certain cities (MO)
State law requires the commission to annually certify economically disadvantaged counties as
soon as possible after the comptroller reports on the relevant economic indicators. This minute
order certifies the counties to participate in the Economically Disadvantaged Counties Program
for Fiscal Year 2020 and sets forth the local match adjustment for each county and certain cities
participating in the program.
e. Designation of Access Control
Liberty County - SH 146, in Dayton - Consider the removal of a 40-foot break in
the control of access line and re-designation of one location on the west side of
SH 146 at which access will be permitted to the abutting property (MO)
The removal of a 40-foot break in the control of access line and re-designation of one new 40-foot
break in the control-of-access line will allow the abutting landowner to open one commercial
driveway for access to and from the west side of SH 146. The district has determined that access
may be permitted at the designated location.
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 11 - Executive Session, Open Comment Period, & Adjourn - Executive Session Pursuant to Government Code, Chapter 551
a. Section 551.071 - Consultation with and advice from legal counsel regarding any
item on this agenda, pending or contemplated litigation, or other legal matters.
b. Section 551.071 - Consultation with and advice from legal counsel, including
attorneys with the Office of the Attorney General, regarding legal matters related
to the Open Meetings Act.
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 11 - Executive Session, Open Comment Period, & Adjourn

a. Section 551.071 - Consultation with and advice from legal counsel regarding any
item on this agenda, pending or contemplated litigation, or other legal matters.
b. Section 551.071 - Consultation with and advice from legal counsel, including
attorneys with the Office of the Attorney General, regarding legal matters related
to the Open Meetings Act.
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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