Call to Order

Call to Order

Item 1

Safety Briefing
Staff will provide general safety instruction.

Commissioner Opening Statements

Commissioner Opening Statements

Item 2

Approval of Minutes of the November 18, 2015, special meeting and the November 19, 2015, regular meeting of the Texas Transportation Commission

Item 3A

Acknowledgment of Service
Recognize by resolution Greg A. Malatek, P.E., District Engineer, Austin District, for his 32 years of service to the department

Item 3B

Recognize LtGen Joe F. Weber, USMC (Ret), Executive Director, for his outstanding service to the department

Item 4A

Discussion Items
Federal Affairs update (Presentation)
Staff will provide a brief presentation on current and pending federal affairs issues including an overview of surface transportation authorization legislation.

Item 4B

I-69 Texas System update (Presentation)
This discussion item will provide an update on the progress of developing the I-69 Texas System
and provide recommendations from the I-69 Advisory Committee on future development activities.

Item 5

Advisory Committee Appointment
Appoint new member to the I-69 Corridor Advisory Committee (MO)
The commission created the I-69 Corridor Advisory Committee (committee) in March 2008. The purpose of the committee is to facilitate and achieve support and consensus from affected communities, governmental entities, and other interested parties in the planning of transportation improvements in the I-69 corridor and in the establishment of development plans for that corridor. This minute order appoints a new member to the committee that will replace one member currently serving as the chair.

Item 6

Highway Designation
Cameron County - Designate a segment of the state highway system as I-169, concurrent
with State Highway 550 from existing I-69E to Old Alice Road in the city of Brownsville (MO) (Presentation)
This minute order designates a segment of the state highway system as I-169, concurrent with SH 550 from existing I-69E to Old Alice Road in the city of Brownsville, a distance of approximately 1.5 miles. The Brownsville Metropolitan Planning Organization, the American Association of State Highway and Transportation Officials, and the Federal Highway Administration have approved the designation of this segment.

Item 7

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 8

Public Transportation
Various Counties - Approve federal funding for projects submitted in the
department's 2015 Transportation Alternatives Program call for projects (MO)
Moving Ahead for Progress in the 21st Century Act (MAP-21) authorized the Transportation Alternatives Program (TAP) to reserve funds equal to 2 percent of the total amount authorized from the Highway Account of the Highway Trust Fund for Federal-Aid highways each year. This minute order approves federal TAP funds for selected bicycle and pedestrian projects in population areas less than 5,000. The project awards will provide alternative modes of transportation, contribute to congestion relief, improve air quality, and provide safer accommodations for all roadway users.

Item 9A

Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001:
Final Adoption
Chapter 4 - Employment Practices
Amendments to §4.51, Definitions, §4.54, Contributions,
§4.55, Contribution Returns, and §4.56, Withdrawals (Sick Leave Pool Program) (MO)
These rules amend the department’s Sick Leave Pool Program to implement House Bill 1771, 84th Legislature, which authorizes a state employee to donate sick leave to another employee within the same agency, and revise terminology related to the program.

Item 9B

Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: (continued)
b. Proposed Adoption
Chapter 21 - Right of Way
Amendments to §§21.31, 21.33, 21.41 and new §21.57 (Utility
Accommodation), and §§21.962-21.963 (Leasing of Right of Way to Saltwater Pipeline Operators) (MO)
These amendments revise Subchapter R to 43 TAC Chapter 21 to expand the definition and leasing requirements for saltwater pipeline facilities to implement House Bill 497 of the 84th Regular Session, which expanded the authorized placement of saltwater pipeline facilities within the right of way. In addition, changes are made to Chapter 21, Subchapter C, Utility Accommodations, to add a definition and terms of location for temporary saltwater pipeline facilities in conformance with House Bill 497 provisions, and modify design values for overhead electric and communication horizontal clearances.

Item 10

Financial Assistance for Projects
Hays and Travis Counties - Central Texas Regional Mobility Authority -
Consider granting preliminary approval of requests from the Central Texas Regional Mobility Authority to receive: (1) a loan of up to $60,000,000; and (2) a grant of up to $28,920,000 previously allocated by the Capital Area Metropolitan Planning Organization, all to be used for construction of SH 45 SW (MO)
SH 45 SW is approximately 4 miles in length and would include a four-lane, divided toll road between Loop 1 and FM 1626. The project also includes proposed bike/pedestrian shared use paths.

Item 11

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 12

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 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 13

Routine Minute Orders and Reports
a. Donations to the Department
Various Districts - Consider the acknowledgment 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. 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) Cameron County - FM 1846, west side, north of San Benito in - Consider
the quitclaim of land acquired by the state in error (MO)
The district has determined that land intended to be conveyed to a private party was conveyed to the state in error. The land is not needed for a highway purpose and may be quitclaimed to the intended grantee to correct the error.
(2) Dallas County - I-635, at 12000 N. Greenville Avenue in Dallas -
Consider the sale of an old maintenance facility site to the city of Dallas (MO)
The district has determined that the site is no longer needed for highway purposes. The city has requested to purchase the property, and it may be sold to the city.
(3) Eastland County - FM 2214, old alignment east of FM 2461 - Consider
the sale of right of way to abutting landowners (MO)
The district has determined that the land is no longer needed for highway purposes. The abutting landowners have requested to purchase the land, and it may be sold to the abutting owners.
(4) Jefferson County - US 69, now N. 11th Street, west side, south of
Delaware Street in Beaumont - Consider the sale of a right of way easement to the owners of the fee in the property (MO)
The easement was used as a borrow pit, and the district has determined that the easement is no longer needed for a highway purpose. The owners of the property have requested to purchase the easement, and it may be sold to the owners.
(5) Zapata County - FM 496 at Jackson Street in Zapata - Consider the
quitclaim of right of way to the abutting landowners (MO)
The district has determined that the land is no longer needed for highway purposes. There is no record title to the land, and it may be quitclaimed to the abutting landowners at the request of the county.
c. Reports
(1) Compliance Office 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.
(2) Grand Parkway Association report
Annual report on the status of projects and activities undertaken during the preceding 12 months (Report)
The department's administrative rules require transportation corporations to appear annually before the commission to report on the status of projects. The Grand Parkway Association is making its annual presentation to satisfy this requirement.
(3) Environmental Review of Projects
Accept semiannual report on projects being processed under the department’s environmental review process (MO)
This report is being submitted under Transportation Code, §201.762(a), which requires the department to submit to the commission twice a year a report that identifies projects being processed under the department’s environmental review process.
d. Highway Designations
Camp County - Near the city of Pittsburg, redesignate FM 3535 as State
Loop 255 (MO)
This minute order redesignates FM 3535 on the state highway system as State Loop 255 on CR 2116 and new location, from US 271 approximately 1.0 mile south of the Camp and Titus County lines to FM 1520, a distance of approximately 2.5 miles.
e. Designation of Access Control
Harris County - I-10, approximately 750 feet east of Katy-Fort Bend Road -
Consider the designation of a location on the highway at which access will be permitted to the abutting property (MO)
The designation of a 68.90-foot break in the control-of-access line will allow the abutting landowner to open a proposed driveway location for access to the westbound frontage road. The district has determined that access may be permitted at the designated location.
f. 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 14

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 551.074 - Deliberate on the election and compensation of an interim executive director of the Texas Department of Transportation
c. Section 551.074 - Deliberate on the search for a new executive director of the Texas Department of Transportation
d. Section 551.074 - Deliberate on the election and compensation of an executive
director of the Texas Department of Transportation

Items 15 & 16

15. Election of Executive Director
Elect the executive director of the Texas Department of Transportation and approve compensation (MO)

16. Administrative Appointment
Elect an interim executive director of the Texas Department of Transportation and approve compensation (MO)

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