These are the minutes of the regular meeting of the Texas Transportation Commission, which was held on
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February 28, 2008 38 These are the minutes of the regular meeting of the Texas Transportation Commission, which was held on February 28, 2008 in Austin, Texas. The meeting opened at 9:11 a.m. with the following commissioners present: Texas Transportation Commission: Hope Andrade Chair Ted Houghton, Jr. Commissioner Ned Holmes CommFred Underwood Administrative Staff: Amadeo Saenz, Executive Director Bob Jackson, General Counsel Roger Polson, Executive Assistant to the Deputy Executive Director Dee Hernandez, Chief Minute Clerk Registration sheets listing others in attendance are on file with the Texas Department of Transportation Chief Minute Clerk. A public notice of this meeting containing all items on the proposed agenda was filed in the Office of the Secretary of State at 1:25 p.m. on February 20, 2008, as required by Chapter 551, of the Government Code, referred to as “The Open Meetings Act.” ITEM 1. Resolution dedicating the commission hearing room as the Ric Williamson Hearing Room The resolution was read into the minutes by Chair Hope Andrade and presented to the Williamson family. ITEM 2. Approval of Minutes of the January 31, 2008 regular meeting of the Texas Transportation Commission. Commissioner Underwood made a motion, seconded by Commissioner Holmes, and the commission approved the minutes of the January 31, 2008 regular meeting of the Texas Transportation Commission. The commission received ...
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These are the minutes of the regular meeting of the Texas Transportation Commission, which was held on February 28, 2008 in Austin, Texas. The meeting opened at 9:11 a.m. with the following commissioners present: Texas Transportation Commission: Hope Andrade Chair Ted Houghton, Jr. Commissioner Ned Holmes Commissioner Fred Underwood Commissioner Administrative Staff: Amadeo Saenz, Executive Director Bob Jackson, General Counsel Roger Polson, Executive Assistant to the Deputy Executive Director Dee Hernandez, Chief Minute Clerk Registration sheets listing others in attendance are on file with the Texas Department of Transportation Chief Minute Clerk. A public notice of this meeting containing all items on the proposed agenda was filed in the Office of the Secretary of State at 1:25 p.m. on February 20, 2008, as required by Chapter 551, of the Government Code, referred to as “The Open Meetings Act. ITEM 1. Resolution dedicating the commission hearing room as the Ric Williamson Hearing Room The resolution was read into the minutes by Chair Hope Andrade and presented to the Williamson family. ITEM 2. Approval of Minutesof the January 31, 2008 regular meeting of the Texas Transportation Commission. Commissioner Underwood made a motion, seconded by Commissioner Holmes, and the commission approved the minutes of the January 31, 2008 regular meeting of the Texas Transportation Commission. The commission received comments from City of Pearland Councilmember Kevin Cole; Senator Mike Jackson and Representative John Davis. ITEM 3. DISCUSSION ITEM Federal legislative priorities
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This item was presented by Government and Public Affairs Division Deputy Director Jefferson Grimes. The commission received comments from John Shackett. ITEM 4. REPORT Report on the status of the market valuation process and the 87 candidate toll projects This item was presented by Assistant Executive Director for Innovative Project Development Phillip Russell. ITEM 9. Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: b. Final Adoption (4)Chapter 21 Right of Way(MO) Amendments to §21.142, Definitions, §21.150, Permits, §21.154, Lighting and Movement of Signs, New §21.163, Electronic Signs (Regulation of Signs Along Interstate and Primary Highways), Amendments to §21.441, Permit for Erection of Off-Premise Sign, and §21.551, Prohibited Signs (Control of Signs Along Rural Roads) Commissioner Holmes abstained from voting. Commissioner Houghton made a motion, seconded by Commissioner Underwood to change the effective date from May 1 to June 1 and then Commissioner Houghton moved and Commissioner Underwood seconded the motion to approve the following minute order presented by Right of Way Division Director John Campbell: The Texas Transportation Commission (commission) finds it necessary to adopt amendments to §21.142, definitions, §21.150, permits, §21.154, lighting and movement of signs, new §21.163, electronic signs, amendments to §21.441, permit for erection of off-premise sign, and §21.551, prohibited signs, to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the adopted amendments and new section, attached to this minute order as Exhibits A - C, are incorporated by reference as though set forth at length verbatim in this minute order. IT IS THEREFORE ORDERED by the commission that the amendments to §21.142, §21.150, and §21.154, new §21.163, and amendments to §21.441, and §21.551 are adopted and are authorized for filing with the Office of the Secretary of State. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A through C on file with minute order clerk. Note: The commission received comments from Locke, Lord, Bissell, and Liddell General Counsel Carroll Shaddock; Daniel Boone; Clear Channel Outdoor General Counsel Frank Burney; Scenic Texas Policy Director Margaret Lloyd; Outdoor Advertisement Association of Texas President Lee Vela; Robbie Boone; and Mara Eurich.
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ITEM 14. STATE INFRASTRUCTURE BANK a.Preliminary Approval Hunt County City of Greenvillepp arynaofl varognitnargimilerp isnoa r endC application from the City of Greenville to borrow $2 million from the State Infrastructure Bank to pay for construction of the Monty Stratton Parkway overpass at I-30 (MO) Commissioner Holmes made a motion, seconded by Commissioner Underwood and the commission approved the following minute order presented by Chief Financial Officer James Bass: The City of Greenville (city) submitted an application for financial assistance from the State Infrastructure Bank (SIB) under Title 43 Texas Administrative Code, Chapter 6 (rules). The application satisfied all requirements of the rules, including passage by the city of a resolution authorizing submission of the application to the Texas Department of Transportation (department). The city intends to use the financial assistance to pay for local contribution participation for construction of the Monty Stratton Parkway Overpass at the I-30 intersection (project). The intended use of the financial assistance conforms to the purposes of the SIB. The present and projected financial condition of the SIB is sufficient to cover the requested financial assistance for the project. Based on department review and analysis of the application, the Texas Transportation Commission (commission) makes the following findings: 1) the city has offered its property and sales tax revenues as security to assure likely repayment of the financial assistance; 2) the project is consistent with the Statewide Transportation Plan; 3) the project is listed in the 2006-2008 Statewide Transportation Improvement Program and is consistent with the State Implementation Plan; 4) the project will improve both the safety and efficiency of state transportation systems; and 5) the repayment of the financial assistance under negotiated terms will expand the availability of funding for other transportation projects and reduce direct state costs. NOW, THEREFORE, IT IS DETERMINED that the application for SIB financial assistance submitted by the City of Greenville meets the requirements of commission rules, and in accordance with those rules and applicable law, the commission grants preliminary approval of the application to borrow $2 million from the State Infrastructure Bank, and directs the executive director to commence negotiations and other actions authorized and required by its rules. Note: The commission received comments from City of Greenville Administrative Services Director Stephen Compton. b.Final Approval (1) Cameron County Olmito Water Supply Corporation Consider granting final approval of an application from the Olmito Water Supply Corporation to borrow $600,000 plus contingency from the State Infrastructure Bank to pay for utility relocation due to the expansion of FM 511 in Cameron County (MO)
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Commissioner Underwood made a motion, seconded by Commissioner Holmes and the commission approved the following minute order presented by Chief Financial Officer James Bass: On January 31, 2008, by Minute Order Number 111208, the Texas Transportation Commission (commission) granted preliminary approval of an application for financial assistance from the Olmito Water Supply Corporation (corporation) to borrow $600,000 from the State Infrastructure Bank (SIB) to pay for utility adjustments made necessary by the expansion of FM 511 from a two-lane to a four-lane divided highway from US 83 southwest to SH 48 in Cameron County (project). Pursuant to the commission's preliminary approval, the executive director implemented and completed negotiations and other actions authorized and required by commission rules. The executive director affirms that the necessary social, economic, and environmental impact study has been completed, and that the Texas Department of Transportation (department) has approved that study. The executive director recommends that the commission grant final approval of the SIB application for financial assistance. The commission determines that providing financial assistance will protect the public safety and prudently provide for the protection of public funds, while furthering the purposes of the SIB; and that the project will provide for all reasonable and feasible measures to avoid, minimize, or mitigate for adverse environmental impacts. IT IS THEREFORE ORDERED that the financial assistance application submitted by the Olmito Water Supply Corporation to borrow $600,000 plus a 20 percent contingency from the State Infrastructure Bank is granted final approval. The executive director is directed and authorized to enter into the financial assistance agreement as negotiated with the corporation. The loan will be paid over a period of no more than 20 years at 3.85 percent interest per annum. (2) Gregg County Liberty City Water Supply Corporation Consider granting final approval of an application from the Liberty City Water Supply Corporation to borrow $1,163,561 plus contingency from the State Infrastructure Bank to pay for utility relocation due to the expansion of SH 135 from I-20 northwest to Susan Road in Liberty City (MO) Commissioner Houghton made a motion, seconded by Commissioner Holmes and the commission approved the following minute order presented by Chief Financial Officer James Bass: On January 31, 2008, by Minute Order Number 111209, the Texas Transportation Commission (commission) granted preliminary approval of an application for financial assistance from the Liberty City Water Supply Corporation to borrow $1,163,561 from the State Infrastructure Bank (SIB) to pay for utility adjustments made necessary by the expansion of SH 135 from I-20 northwest to Susan Road in Liberty City (project).
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Pursuant to the commission's preliminary approval, the executive director implemented and completed negotiations and other actions authorized and required by commission rules. The executive director affirms that the necessary social, economic, and environmental impact study has been completed, and that the Texas Department of Transportation (department) has approved that study. The executive director recommends that the commission grant final approval of the SIB application for financial assistance. The commission determines that providing financial assistance will protect the public safety and prudently provide for the protection of public funds, while furthering the purposes of the SIB; and that the project will provide for all reasonable and feasible measures to avoid, minimize, or mitigate for adverse environmental impacts. IT IS THEREFORE ORDERED that the financial assistance application submitted by the Liberty City Water Supply Corporation to borrow $1,163,561 plus a 20 percent contingency from the State Infrastructure Bank is granted final approval. The executive director is directed and authorized to enter into the financial assistance agreement as negotiated with the corporation. The loan will be paid over a period of no more than 15 years at 4.22 percent interest per annum. ITEM 5. AVIATION Approve funding for airport improvement projects at various locations (MO) Commissioner Holmes made a motion, seconded by Commissioner Houghton and the commission approved the following minute order presented by Aviation Division Director David Fulton: The Texas Department of Transportation (department) is authorized under Transportation Code, Chapter 21 and Chapter 22, to assist in the development and establishment of airports in the State of Texas. The airports listed in Exhibit A are currently in need of improvements to preserve the airports or to meet standards. Due to the interest on the part of the airport sponsors, the department recommends that the improvements be funded. On Thursday, January 24, 2008, a public hearing was held. No comments were received. IT IS THEREFORE ORDERED by the Texas Transportation Commission that the executive director, or the director’s designee, is authorized to enter into any necessary agreements to fund, through the Aviation Facilities Grant Program, the projects described in Exhibit A at an estimated cost of $12,749,699. Note: Exhibit A on file with minute order clerk. ITEM 6. PUBLI R C TRANSPO TATION Various CountiesAward federal §5311, Nonurbanized Area Formula Program, discretionary funds to rural transportation operators to address expansion of rural transit districts (MO)
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Commissioner Houghton made a motion, seconded by Commissioner Underwood and the commission approved the following minute order presented by Public Transportation Division Director Eric Gleason: The Texas Transportation Commission (commission) takes special note of its designation by the governor as the administering agency for the Federal Transit Administration (FTA) grant program, “Formula Grant Program for Areas Other than Urbanized (49 U.S.C. §5311), in a letter dated October 4, 2005; and further acknowledges that federal program regulations require the Texas Department of Transportation (department) to ensure that these grant funds are distributed fairly and equitably within the state. The commission may award funds from the commission discretionary §5311 program funds on a pro rata basis, competitively, or a combination of both, in accordance with 43 Texas Administrative Code §31.36 (g) (3). The commission desires to award $347,117 in §5311 nonurbanized (rural) commission discretionary funds pro rata to rural transit districts that were negatively impacted due to additional counties joining a rural transit district. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the department. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation. IT IS THEREFORE ORDERED by the commission that the executive director or the director’s designee is directed to proceed with the allocations as described in Exhibit A, submit the necessary state application to FTA and amend the necessary contracts in accordance with the priorities established in this minute order. Note: Exhibit A on file with minute order clerk. ITEM 7. VEHICLE REGISTRATION Consider approval of a new general-issue license plate design (MO) Commissioner Underwood made a motion, seconded by Commissioner Holmes and the commission approved the following minute order presented by Vehicle Titles and Registration Division Director Rebecca Davio: The Texas Department of Transportation (department) is authorized by Transportation Code, Section 502.052 to prepare the designs and specifications of license plates selected by the Texas Transportation Commission (commission) to be used as registration insignia on passenger vehicles and light trucks. In the past decade, the population of Texas and vehicle registrations has boomed. As a result, the current six-character alpha-numeric numbering patterns available for license plates will be depleted later this year. This creates the need to produce license plates with seven-character license plate combinations beginning in January 2009. The technology of manufacturing license plates has also changed. Processes are now available that allow for full-plate graphics that meet legibility and reflectivity standards.
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The department has decided to issue the new seven-character numbering patterns in conjunction with a new license plate design that utilizes the current technology. Texans were asked to vote on four new license plate designs or to retain the current design. Overwhelmingly, the “Lone Star Texaslicense plate was selected (Exhibit A). The license plate design features a big Texas sky at the top with bold strokes of red and blue punctuated by a lone white star in the upper left-hand corner. A portion of the scenic Davis Mountain range in West Texas is featured along the bottom. In addition, the word “Texas is located at the top of the licenseplate, a red, white and blue silhouette of Texas is in the center, and “The Lone Star State legend is located at the bottom. The new general-issue license plate will replace the license plate that has been in use since 1999 featuring a cowboy, oil derricks, tumbleweed, yuccas and mesas at the bottom and a space shuttle flying towards a crescent moon in the night sky at the top. IT IS THEREFORE ORDERED by the commission that the executive director provide for the manufacture, distribution, and issuance of a new general-issue license plate for passenger cars and light trucks as illustrated on the attached Exhibit A to this order. Note: Exhibit A on file with minute order clerk. ITEM 8. TRANSPORTATION PLANNING a.All Counties 200 the forcessp oritnolecetcs ediwetatS 9tuA irohp ezejor Preservation Program and the Statewide Mobility Program (MO) This item was deferred. b.All CountiesnI adrocca withnce nspo Traoi ntrta§ 22oCed032. a4,houtzerieht department to vary funding formulas that will be used in the 2009 Unified Transportation Program from federal formulas used to allocate highway funding to individual states (MO) This item was deferred. c.Various Counties Appoint two members to the Port Authority Advisory Committee (MO) Commissioner Houghton made a motion, seconded by Commissioner Holmes and the commission approved the following minute order presented by Transportation Planning and Programming Division Director Jim Randall: Transportation Code, Section 55.006, requires the Texas Transportation Commission (commission) to appoint a seven-member Port Authority Advisory Committee (committee) to advise the commission and the Texas Department of Transportation (department) on port issues and to provide a forum for exchange of information between the commission, the department, and committee members representing the Texas port system.
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The department’s administrative rules governing advisory committees, Title 43, Texas Administrative Code, Section 1.84, provide that the committee members serve staggered three-year terms, unless removed sooner at the discretion of the commission. The commission has determined that the individuals listed below fulfill the statutory requirements to serve as members of the committee and shall serve the terms specified: Terms expiring in February 28, 2011 Eduardo Campirano Port of Brownsville Lower Coast Michael G. Wilson Port Mansfield/Willacy County Navigation District Lower Coast IT IS THEREFORE ORDERED by the commission that the individuals identified above are appointed for the terms specified as members of the Port Authority Advisory Committee. Note: The commission received comments from Port of Houston Managing Director Wade Battles. d.Various Countiesthe Relief from Local Matching Funds (Economically Approve Disadvantaged Counties Program) report (MO) Commissioner Houghton made a motion, seconded by Commissioner Holmes and the commission approved the following minute order presented by Transportation Planning and Programming Division Director Jim Randall: Section 222.053(a), Transportation Code defines an “economically disadvantaged county as a county that has, in comparison to other counties in the state: (1) below average per capita taxable property value; (2) below average per capita income; and (3) above average unemployment. Section 222.053(c) directs the Texas Transportation Commission (commission), when evaluating a proposal for a highway project in a political subdivision that consists of all or a portion of an economically disadvantaged county, to adjust the minimum local matching funds requirement after evaluating the political subdivision's effort and ability to meet the requirement. Section 222.053(e) further directs the commission to report annually to the governor, the lieutenant governor, and the speaker of the house of representatives on the use of matching funds and local incentives and the ability of the commission to ensure that political subdivisions located in economically disadvantaged counties have equal ability to compete for highway funding with political subdivisions in counties that are not economically disadvantaged. The Texas Department of Transportation has completed the Fiscal Year 2007 Annual Report on the Economically Disadvantaged Counties Program, which is attached as Exhibit A.
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IT IS THEREFORE ORDERED that the Fiscal Year 2007 Annual Report on the Economically Disadvantaged Counties Program, as shown in Exhibit A, is approved by the commission and shall be presented to the governor, the lieutenant governor, and the speaker of the house of representatives as required by Section 222.053(e), Transportation Code. Note: Exhibit A on file with minute order clerk. ITEM 9. Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: a. Proposed Adoption (to be published in the Texas Register for public comment) (1)Chapter 9 Contract Management(MO) Amendments to §9.3, Protest of Department Purchases under the State Purchasing and General Services Act (General) Commissioner Houghton made a motion, seconded by Commissioner Underwood and the commission approved the following minute order presented by General Services Division Director of Purchasing Glenn Hagler: The Texas Transportation Commission (commission) finds it necessary to propose amendments to §9.3, Protest of Department Purchases under the State Purchasing and General Services Act, to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the proposed amendments, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth at length verbatim in this minute order. IT IS THEREFORE ORDERED by the commission that the amendments to §9.3 are proposed for adoption and are authorized for publication in theTexas Registerfor the purpose of receiving public comments. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B on file with minute order clerk. (2)Chapter 9 Contract Managemen t(MO) Amendments to §9.38, Contract Management (Contracting for Architectural, Engineering, and Surveying Services) Commissioner Houghton made a motion, seconded by Commissioner Underwood and the commission approved the following minute order presented by Design Division Director Mark Marek: The Texas Transportation Commission (commission) finds it necessary to propose amendments to §9.38, relating to contract management, to be codified under Title 43, Texas Administrative Code, Part 1.
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The preamble and the proposed amendments, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth at length verbatim in this minute order. IT IS THEREFORE ORDERED by the commission that the amendments to §9.38 are proposed for adoption and are authorized for publication in theTexas Registerfor the purpose of receiving public comments. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B on file with minute order clerk. (3)Chapter 17 Vehicle Titles and Registration(MO) Amendments to §17.28, Specialty License Plates, Symbols, Tabs, and Other Devices; New §17.40, Marketing of Specialty License Plates through a Private Vendor, and Amendments to §17.51, Registration Reciprocity Agreements (Motor Vehicle Registration) This item was deferred. Note: The commission received comments from My Plates President James Power; Texas Bicycle Coalition Executive Director Robin Stallings; and Texas Commission on the Arts Executive Director Gary Gibbs. (4)Chapter 25 Traffic Operation s(MO) Amendments to §25.401, Definitions, §25.405, Commercial Establishment Eligibility, §25.406, Major Shopping Area Eligibility, and §25.408, TOD Sign Program Operation (Information Logo Sign and Tourist-Oriented Directional Sign Program) Commissioner Houghton made a motion, seconded by Commissioner Underwood and the commission approved the following minute order presented by Traffic Operations Division Director Carlos Lopez: The Texas Transportation Commission (commission) finds it necessary to propose amendments to §25.401, definitions, §25.405, commercial establishment eligibility, §25.406, major shopping area eligibility, and §25.408, TOD sign program operation, all relating to the information logo sign and tourist-oriented directional sign program, to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the proposed amendments, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth at length verbatim in this minute order. IT IS THEREFORE ORDERED by the commission that the amendments to §25.401, §25.405, §25.406, and §25.408 are proposed for adoption and are authorized for publication in theTexas Registerfor the purpose of receiving public comments.
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The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B on file with minute order clerk. b.Final Adoption (1)Chapter 6 State Infrastructure Bank(MO) Amendments to §6.42, Performance of Work, and §6.45, Financial and Credit Requirements (Financial Assistance Agreements) Commissioner Houghton made a motion, seconded by Commissioner Underwood and the commission approved the following minute order presented by Chief Financial Officer James Bass: The Texas Transportation Commission (commission) finds it necessary to propose amendments to §6.42, performance of work, and §6.45, financial and credit requirements, relating to state infrastructure bank financial assistance agreements, to be codified under Title 43, Texas Administrative Code, Part 1. The preamble and the adopted amendments, attached to this minute order as Exhibits A and B, are incorporated by reference as though set forth at length verbatim in this minute order. IT IS THEREFORE ORDERED by the commission that the amendments to §6.42 and §6.45 are adopted and are authorized for filing with the Office of the Secretary of State. The executive director is directed to take the necessary steps to implement the actions as ordered in this minute order, pursuant to the requirements of the Administrative Procedure Act, Government Code, Chapter 2001. Note: Exhibits A and B on file with minute order clerk. (2)Chapter 8 Motor Vehicle Distribution(MO) Amendments to §8.2 Definitions; Conformity with Statutory Requirements (General Provisions), §8.21, Objective, §8.28, Hearing Docket, §8.56, Final Decision (Adjudicative Practice and Procedure), §8.201, Objective (Warranty Performance Obligations), New §8.301, Scope and Purpose, New §8.302, Conformity with Statutory Requirements, New §8.303, Application of Division and SOAH Rules, New §8.304, Notice of Alleged Violation, New §8.305, Filing of Complaints, Protests, and Petitions, New §8.306, Referral to SOAH, New §8.307, Notice of Hearing, New §8.308, Reply to Notice of Hearing and Default Proceedings, New §8.309, Recording and Transcriptions of Hearing Cost, New §8.310, Issuance of Proposals for Decision, Recommendations, and Orders, New §8.311, Amicus Briefs, New §8.312, Discovery, New §8.313, Official Notice of Division Records, New §8.314, Cease and Desist Orders, New §8.315, Statutory Stay, New §8.316, Informal Disposition, and New §8.317, Motion for Rehearing (New Subchapter I, Practice and Procedure for Hearings Conducted by the State Office of Administrative Hearings)
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