8/14/2019 Guiding Principles for Trans Texas Corridor
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TEXAS TRANSPORTATION COMMISSION
VARIOUS Counties MINUTE ORDER Page 1 of 1
VARIOUS Districts
The Texas Transportation Commission (commission), in recognition
of public comments
expressing concerns with the proposed development of toll
projects and the Trans-Texas Corridor,
desires to place special emphasis on the process and procedures
to be used by the Texas Department
of Transportation (department) in the development, construction,
and operation of such projects.
In an effort to explain more clearly the directives given to the
department, the commission
has determined it to be necessary to reaffirm basic guidelines
for the development, construction, and
operation of such projects, particularly under comprehensive
development agreements.
IT IS THEREFORE ORDERED by the commission that the department
will follow the
guiding principles, as provided by state law, and as set forth
in Exhibit A to this order in the
development, construction and operation of toll projects and the
Trans-Texas Corridor.
Submitted and reviewed by: Recommended by:
Deputy Executive Director Executive Director
Minute Date
Number Passed
DRAFT: SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION
8/14/2019 Guiding Principles for Trans Texas Corridor
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EXHIBIT A
Guiding Principles for Toll Projects and the Trans-Texas
Corridor
To meet the states future mobility needs, toll projects and the
Trans-Texas Corridor (TTC) may
be developed by the Texas Department of Transportation
(department).
In the development, construction and operation of these
projects, state transportation planners will
follow these guiding principles.
As provided in state law and as ordered by the commission:
- All state highway facilities will be completely owned by the
State of Texas and shall remainpublic property (Transportation
Code, 223.206(a)). The department will not enter into a
comprehensive development agreement (CDA) that would transfer
ownership of this public
property to a private developer.
- The department may purchase or buy-back the interest of a
private developer in a CDA atany time (Transportation Code,
223.208(b)). In addition, all CDAs for a lease of stateowned
facilities that are part of the TTC shall include this
provision.
- The commission shall approve, in a public meeting, the initial
toll rates charged for the useof a toll project on the state
highway system and the methodology for increasing the amount
of tolls, as well as any proposed changes in an approved
methodology for the setting of a toll
(Transportation Code, 223.208(g)). In addition, the department
shall consult with any
appropriate local metropolitan planning organizations in
carrying out these activities.
- Only added capacity to an existing highway will be tolled and
there will be no reduction inthe number of non-tolled lanes that
exist today (Transportation Code, 228.201).
- No contract entered into by the department will include any
limitations or prohibitions onimprovements needed to existing or
future highways (Transportation Code, 371.103). Thedepartment or
another governmental entity may construct, reconstruct, expand,
rehabilitate,
or maintain any highway or other transportation project,
regardless of any nearby or adjacent
toll project or TTC project.
In recognition of the Texas Legislatures commitment to
protecting landowners property rights
and in following the departments long-standing practice with
other transportation projects:
- The department will always consider the use of existing right
of way that satisfies thepurpose and need of the project as a
possible project location when conducting
environmental studies.
- In order to minimize potential disturbance to private
property, and subject to therequirements of applicable
environmental and other laws, the department shall plan and
design facilities to the extent practical so that a landowners
property is not severed in two or
more separate tracts and the original shape of the property is
preserved.
DRAFT: SUBJECT TO CHANGE PRIOR TO COMMISSION ACTION
