Call to Order

9:00 A.M. CONVENE MEETING

Item 1

Safety Briefing
Staff will provide general safety instruction.

Commission Opening Remarks

Commission Opening Remarks

Item 2

Consider the approval of the Minutes of the October 30, 2019, workshop meeting
and the October 31, 2019, regular meeting of the Texas Transportation Commission

Item 3

Discussion Item
Presentation and discussion of Texas population growth and impact on Texas
transportation planning (Presentation)

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.
a. Highway Improvement and Other Transportation Facilities
(see attached itemized list) (MO)

Item 4B

Routine Maintenance (see attached itemized list) (MO)

Item 5A 1

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

Chapter 15 - Financing and Construction of Transportation Projects
Amendments to §15.185, Allocation to Counties, §15.188, Application
Procedure, and §15.191, Agreement (County Transportation Infrastructure
Fund Grant Program) (MO)
House Bill 4280, 86th Legislature (H.B. 4280), amended Transportation Code, Chapter
256, Subchapter C, which requires the department to administer a grant program that
will provide funding of county transportation infrastructure projects located in areas of
the state affected by increased oil and gas production. The amendments modify the
allocation formula for the program in accordance with the changes made by H.B. 4280.

Item 5A 2

Chapter 21 - Right of Way
New §21.25, Selection (Utility Adjustment, Relocation, or Removal)
(MO)
This new rule implements Senate Bill 1512, 86th Legislature. The new rule provides the
procedures to be taken by a utility to apply for state participation in the relocation of
certain publicly-owned utility facilities and by the department and commission in
determining whether all or part of the expense of the relocation of the facility will be paid
for by the state.

Item 5B 1

Final Rule Adoptions

Chapter 1 - Management
New §1.90, Advisory Committees for Ports-to-Plains Corridor (Advisory
Committees) (MO)
House Bill 1079, 86th Legislature (H.B. 1079), requires the department to establish a
Ports-to-Plains Advisory Committee and corridor segment committees to assist the
department in conducting a comprehensive study of the Ports-to-Plains Corridor.
Government Code, §2110.005 requires a state agency to adopt rules that state the
purpose and tasks of an advisory committee and that describe the way that the committee
will report to the agency. This new rule implements H.B. 1079, provides the information
required by §2110.005, and establishes sunset dates for the committees.

Item 5B 2

Chapter 15 - Financing and Construction of Transportation Projects
Amendments to §15.51, Definitions, and §15.55 Construction Cost
Participation (Federal, State, and Local Participation) (MO)
Senate Bill 2168, 86th Legislature, expanded the Economically Disadvantaged Counties
Program to include a county that met the statutory eligibility criteria within the past six
years and has been included in no less than five federally declared disasters within that
same time period. The amendments conform the administrative rules to the revised
statute.

Item 5B 3

Chapter 1 - Management
Amendments to §1.82 and §§1.85 - 1.87, Repeal of §1.88, and New
§1.88 (Advisory Committees) (MO)
The amendments extend the sunset dates for statutory and department advisory
committees and repeal a rule that required a one-time report by each advisory
committee.

Item 5C

Review of Rules
Consider the re-adoption of Chapter 3, Public Information, Chapter 4,
Employment Practices, Chapter 6, State Infrastructure Bank, Chapter 9, Contract
and Grant Management, Chapter 12, Public Donation and Participation Program,
Chapter 13, Materials Quality, Chapter 22, Use of State Property, Chapter 23,
Travel Information, Chapter 25, Traffic Operations, and Chapter 29, Maintenance,
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 6

Prohibition Order
Various Counties - Consider issuing an order prohibiting the operation of certain motor
vehicles on Texas Department of Transportation toll projects (MO)
Transportation Code, §372.110, authorizes the commission to issue an order prohibiting the operation of a
motor vehicle on a department toll project if the registered owner of the vehicle has been finally determined
to be a habitual violator, subject to certain notice requirements. A person commits an offense if the person
operates a motor vehicle on a toll project in violation of the order. Subsequent offenses may result in
impoundment of the vehicle.

Item 7

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 8

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. 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.
c. Finance
Grimes and Montgomery Counties - Consider the acceptance of the
Quarterly Construction Progress Report for the State Highway 249 System (MO)
Report of construction progress for the State Highway 249 System (system) as of August 31, 2019.
The commission financed a portion of the costs of the system with obligations issued pursuant to a
trust agreement dated February 1, 2019, between the commission and U.S. Bank National
Association (trustee). Section 407 of the trust agreement requires the commission to cause the
general engineering consultant to prepare a construction progress report at least quarterly and to
file the report with the trustee and the commission.
d. Lease of Buildings
Travis County - Consider acknowledging the actions of the executive director
concerning a lease agreement for the buildings at 2420 and 2500 Ridgepoint
Drive, Austin, Texas, housing toll operations (MO)
The Texas Facilities Commission has, pursuant to Government Code, §2167.005, granted the
department authority to enter into a lease on behalf of the Toll Operations Division for
department-operated or department-supported toll facilities, which include the CTTS and Grand
Parkway.
e. 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 9 - 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.