Call to Order

10:00 A.M. CONVENE MEETING

Item 1

Meeting Guidelines
Staff will provide instruction and guidance on procedures for the meeting.

Commission Opening Remarks

Commission Opening Remarks

Item 2

Consider the approval of the Minutes of the September 24, 2020, regular meeting
of the Texas Transportation Commission

Item 3A

Contracts

Consider the award or rejection of contracts for highway construction and
maintenance, and construction and rehabilitation of buildings
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 3B

Routine Maintenance
(see attached itemized list) (MO)

Item 3C

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

Item 4

Discussion Item
Potential addition to the 2021 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 addition to the 2021 UTP.

Item 5

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)
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

Promulgation of Administrative Rules Under Title 43, Texas Administrative Code,
and the Administrative Procedure Act, Government Code, Chapter 2001:
Rules Review
Consider the re-adoption of Title 43 Texas Administrative Code Chapter 2,
Environmental Review of Transportation Projects, Chapter 7, Rail Facilities,
Chapter 26, Regional Mobility Authorities, Chapter 28, Oversize and Overweight Vehicles and Loads, Chapter 30, Aviation, and Chapter 31, Public Transportation, in accordance with Government Code, §2001.039 (MO)
State law requires a state agency to review each of its rules every four years. After the review, the agency must readopt the rule, readopt the rule with amendments, or repeal the rule. The department reviews its rules on a rotating basis.

Item 7

State Infrastructure Bank
Wharton County - City of Wharton - Consider preliminary approval of a request from the
City of Wharton for a State Infrastructure Bank loan in the amount of up to $15,000,000 to pay for the costs of right of way acquisition, engineering and construction necessary for a non-tolled project to extend FM 1301 at SH 60 to US 59 in Wharton County, Texas (MO)
The City of Wharton (City) will secure the loan with a pledge of ad-valorem taxes and limited net revenues. The loan will be used to pay the City’s costs associated with the right of way acquisition, engineering and construction of a non-tolled project to extend FM 1301 at SH 60 to US 59 in Wharton County, Texas.

Item 8

Municipal Utility Relocation Reimbursement
DeWitt County - Consider the approval of a request from the City of Nordheim (City) to make
the relocation of the city’s utility facilities required by the SH 72 highway improvement project an expense of the state under Transportation Code, §203.092(a-4) (MO)
Texas Administrative Code, Chapter 21, Subchapter B, Rule 21.25 sets forth the requirements for a utility to qualify for reimbursement under this program. Payment for this relocation will not cause the department to exceed $10 million in any fiscal year. The utility is a political subdivision with a financial condition that prevents the utility from being able to pay the cost in full or part or, if paid at that time, the payment would adversely affect the utility’s ability to operate or provide essential services to its customers. The utility is unable to receive a state infrastructure bank loan to finance the cost of the relocation and is otherwise unable to finance that cost.

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 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.
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) Cherokee County - SH 21 - 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.
(2) Collin County - FM 546 - Consider the removal from the system, transfer of
jurisdiction, control, and maintenance, and transfer of right of way to the City of
McKinney, Texas (MO)
The district has determined that a segment of roadway is no longer needed as part of the
system. The City of McKinney (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 will revert to the state if it ceases to be used for public road purposes
Routine Minute Orders and Reports (continued)
b. Real Estate Dispositions
(3) Collin County - SH 78 - 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.
(4) Collin County - SH 78 - 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.
(5) Denton County - SH 114 - 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.
(6) Hidalgo County - I-2 - Consider the sale of right of way to the City of
Weslaco, Texas (MO)
The district has determined that the land is no longer needed for highway purposes. The
City of Weslaco (City) has requested to purchase the land, and it may be sold to the City.
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) Letting Allocation Status Report
Quarterly status report on the FY 2020 letting allocation, the actual allocation
utilized through the current month, and proposed remaining highway
maintenance and construction contract letting for the fiscal year (Report)
This report will provide the current overall allocation status, by district and metropolitan
planning organization, of the FY 2020 letting allocation and will also provide the
anticipated effect on the letting allocation of remaining proposed highway maintenance
and construction letting.
(3) State Highway Fund 6 Report
Quarterly report on FY 2020 State Highway Fund 6 cash status (Report)
This report updates the commission on the year-to-date cash balance and activity of
Fund 6. The report will include original projections and actual revenues/inflows and
expenditures/outflows on a cash basis.
(4) Grimes and Montgomery Counties - Report of the toll rate escalation
percentage and escalated toll rates for the SH 249 System, comprised of
Segment 1 of the SH 249 Project extending SH 249 from FM 1774 in Pinehurst
to FM 1774 in Todd Mission (Report)
This report provides the toll rate escalation percentage increase and the annual
escalated toll rates for the SH 249 System in Grimes and Montgomery counties. The
commission’s Toll Rate Escalation Policy requires that a percentage increase in the toll
rates will be determined and reported to the commission each year at or before the
commission’s October meeting, and that the percentage increase in the toll rates will be
effective automatically on January 1 of the next calendar year and implemented by the
executive director unless the commission affirmatively votes prior to January 1 to modify
the percentage.
Routine Minute Orders and Reports (continued)
c. Reports (continued)
(5) El Paso County - Report of the toll rate escalation percentage and escalated
toll rates for the Border West Expressway Project (formerly known as the
Loop 375 Border Highway West Extension Project) (Report)
This report provides the toll rate escalation percentage increase and the annual
escalated toll rates for the Border West Expressway Project, from Racetrack Drive near
Doniphan Road to the terminus of the existing Loop 375. The commission’s Toll Rate
Escalation Policy requires that a percentage increase in the toll rates will be determined
and reported to the commission each year at or before the commission’s October
meeting, and that the percentage increase in the toll rates will be effective automatically
on January 1 of the next calendar year and implemented by the executive director unless
the commission affirmatively votes prior to January 1 to modify the percentage.
(6) Travis and Williamson Counties - Report of the toll rate escalation percentage
and escalated toll rates for the Central Texas Turnpike System, consisting of the
SH 130 (Segments 1-4), SH 45N, Loop 1 (from FM 734 to SH 45N), and
SH 45SE project elements (Report)
This report provides the toll rate escalation percentage increase and the annual
escalated toll rates for the Central Texas Turnpike System. The commission’s Toll Rate
Escalation Policy requires that a percentage increase in the toll rates will be determined
and reported to the commission each year at or before the commission’s October
meeting, and that the percentage increase in the toll rates will be effective automatically
on January 1 of the next calendar year and implemented by the executive director unless
the commission affirmatively votes prior to January 1 to modify the percentage.
(7) Various Counties - Report of the toll rate escalation percentage and escalated
toll rates for portions of SH 99 (Grand Parkway) consisting of the tolled portion
of Segment D in Harris County, Segments E, F-1, F-2, G, H, I-1, and I-2B, and
for the existing tolling points on the portion of Segment I-2 from I-10 to Fisher
Road (Segment I-2A) (Report)
This report provides the toll rate escalation percentage increase and the annual
escalated toll rates for the tolled portion of Grand Parkway Segment D in Harris County
and for Segments E, F-1, F-2, G, H, I-1, and I-2B, and for the existing tolling points on
Segment I-2A. The commission’s Toll Rate Escalation Policy requires that a percentage
increase in the toll rates will be determined and reported to the commission each year at
or before the commission’s October meeting, and that the percentage increase in the toll
rates will be effective automatically on January 1 of the next calendar year unless the
commission affirmatively elects prior to January 1 to modify the percentage for the
purposes of meeting necessary covenants relating to outstanding debt obligations.
d. Economically Disadvantaged Counties Program (EDCP) 2021
Various Counties - Consider the certification of eligible counties for the 2021
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 2021 and sets forth the local match adjustment for each county and certain cities
participating in the program.
Routine Minute Orders and Reports (continued)
e. Subaccounts
(1) State Highway 121
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 projects 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.
(2) State Highway 161
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 161 Toll Project Agreement (MO)
The department has established a separate fund to account for and track projects and
project costs funded with the SH 161 payments. This minute order authorizes changes to
the list of previously-approved projects.
f. Rail Clearance Deviations
Consider a request for 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. Land Acquisitions for Facilities
Lamar County - Consider the grant of authority to the department to acquire real
property for facilities (MO)
The department is in the process of acquiring real property for the construction of new facilities
and the expansion of existing facility sites. Funds for the purchase of these properties were
appropriated by the 86th Legislature, General Appropriations Act for the 2020-21 Biennium. The
department requests the commission’s authorization to enter into purchase contracts and related
documents to complete the acquisition of the listed properties.
h. 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, & Adjourn

11. 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