InterIm report to the 82nd texas LegisLature House Committee on TransporTaTion January 2011 HOUSE COMMITTEE ON TRANSPORTATION TEXAS HOUSE OF REPRESENTATIVES INTERIM REPORT 2010 A REPORT TO THE HOUSE OF REPRESENTATIVES 82ND TEXAS LEGISLATURE JOE C. PICKETT CHAIRMAN LEIGH ANNE LAUDERDALE COMMITTEE CLERK W. BRADY FRANKS ASSISTANT COMMITTEE CLERK Committee On Transportation January 10, 2011 Joe C. Pickett P.O. Box 2910 Chairman Austin, Texas 78768-2910 The Honorable Joe Straus Speaker, Texas House of Representatives Members of the Texas House of Representatives Texas State Capitol, Rm. 2W.13 Austin, Texas 78701 Dear Mr. Speaker and Fellow Members: The Committee on Transportation of the Eighty-first Legislature hereby submits its interim report including recommendations for consideration by the Eighty-second Legislature. Respectfully submitted, _______________________ Joe C. Pickett, Chairman __________________________ __________________________ Larry Phillips, Vice Chairman Bill Callegari __________________________ __________________________ Yvonne Davis Jim Dunnam __________________________ __________________________ Ryan Guillen Linda Harper-Brown __________________________ __________________________ Ruth Jones McClendon Tommy Merritt __________________________ __________________________ Todd Smith Wayne Smith Larry Phillips Vice-Chairman Members: Bill Callegari, Yvonne Davis, Jim Dunnam, Ryan Guillen, Linda Harper-Brown, Ruth Jones McClendon, Tommy Merritt, Todd Smith, Wayne Smith TABLE OF CONTENTS Introduction ..................................................................................................................................... 3 Charge 1 .......................................................................................................................................... 6 Charge 2 ........................................................................................................................................ 16 Charge 3 ........................................................................................................................................ 28 Charge 4 ........................................................................................................................................ 54 Charge 5 ........................................................................................................................................ 63 Charge 6 ........................................................................................................................................ 68 Appendix A ................................................................................................................................... 77 Appendix B ................................................................................................................................... 82 Appendix C ................................................................................................................................. 102 Endnotes ...................................................................................................................................... 104 Introduction In February of 2009, during the 81st Legislative Session, Speaker Joe Straus appointed eleven Members to the House Committee on Transportation. Pursuant to House Rule 3, Section 32, the Committee had jurisdiction over all matters pertaining to: 1. commercial motor vehicles, both bus and truck, and their control, regulation, licensing, and operation; 2. the Texas highway system, including all roads, bridges, and ferries constituting a part of the system; 3. the licensing of private passenger vehicles to operate on the roads and highways of the state; 4. the regulation and control of traffic on the public highways of the State of Texas; 5. railroads, street railway lines, interurban railway lines, steamship companies, and express companies; 6. airports, air traffic, airlines, and other organizations engaged in transportation by means of aerial flight; 7. water transportation in the State of Texas, and the rivers, harbors, and related facilities used in water transportation and the agencies of government exercising supervision and control thereover; 8. the regulation of metropolitan transit; and 9. the following state agencies: the Texas Department of Transportation and the Texas Transportation Commission. 3 Interim Study Charges and Subcommittee Assignments After the Legislative Session ended, Speaker Strauss charged the House Committee on Transportation with studying seven issues prior to the 82nd Legislative Session. During the interim, the Committee held nine public hearings to take testimony on the following issues. 1. Monitor the Texas Department of Transportation (TxDOT) to ensure the agency is implementing recommended legislative, sunset, and Grant Thornton management audit changes. 2. Review the organization and operation of Metropolitan Planning Organizations (MPOs). Consider the relationship between MPOs and TxDOT regarding transportation planning and programming. Subcommittee 1. Larry Phillips, Chair 5. Todd Smith 2. Jim Dunnam 6. Linda Harper-Brown 3. Ruth Jones McClendon 7. Wayne Smith 4. Yvonne Davis 3. Study the practices and procedures used in the development of toll roads and make recommendations as necessary. Subcommittee 1. Jim Dunnam, Chair 4. Todd Smith 2. Ruth Jones McClendon 5. Bill Callegari 3. Yvonne Davis 4. Review federal, state, and local programs to promote traffic light signalization, improve traffic flow, and reduce congestion. Subcommittee 1. Bill Callegari, Chair 4. Yvonne Davis 2. Wayne Smith 5. Todd Smith 3. Ryan Guillen 5. Study methods for improving safety on Texas roadways. Study the funding levels of crash prevention programs directed toward pedestrians, bicyclists, motorcyclists, and other vulnerable road users. Explore ways to improve safety for roadside workers. Subcommittee 1. Linda Harper-Brown, Chair 4. Larry Phillips 2. Bill Callegari 5. Tommy Merritt 3. Ryan Guillen 4 6. Study the safety and efficiency of the existing agriculture-related transportation infrastructure. Consider the air, ground, and rail transportation needs of rural Texas and analyze the effect on economic development. Joint Interim Charge with House Committee on Agriculture and Livestock. 7. Monitor the agencies and programs under the committee's jurisdiction. 5 Charge 1 Monitor the Texas Department of Transportation (TxDOT) to ensure the agency is implementing recommended legislative, sunset, and Grant Thornton management audit changes. 6 On November 19, 2009, Texas House Speaker Joe Straus instructed the House Committee on Transportation to: Monitor the Texas Department of Transportation (TxDOT) to ensure the agency is implementing recommended legislative, sunset, and Grant Thornton management audit changes. Sunset Advisory Commission Recommendations Background "The Sunset Advisory Commission staff issued its recommendations for the Texas Department of Transportation over in the summer of 2008…Sunset legislation continuing the Texas Department of Transportation did not pass during the 81st Legislative Session; however, many of the recommendations of the Sunset Advisory Commission did not require legislation and TxDOT has been working to implement the recommendations that do not require statutory change"1. The Texas Department of Transportation (TxDOT) was scheduled for Sunset Review during the 81st Legislative Session. The Sunset Review Process typically occurs once every twelve for Texas' Agencies and involves a comprehensive process including a review by the Sunset Agency staff, a self-evaluation report submitted by the agency and public hearings and testimony. The Sunset Advisory Commission Staff Report was published in June 2008 and contained six major issues and recommendations along with Across-the-Board Recommendations found in all Sunset Staff Reports. According to the report, "(t)he Sunset review of the Texas Department of Transportation (TxDOT) occurred against a backdrop of distrust and frustration with the Department and the demand for more transparency, accountability, and responsiveness"2. In order to achieve the purposed goals, the Sunset Staff recommended, "what is in effect a four-year 'legislative conservatorship' to return control over transportation policy to the Legislature, where it belongs... The recommendations in [the Sunset Report] would strengthen the Legislature's position in overseeing the Department and help to restore trust and confidence in TxDOT"3. To achieve this end, they addressed the following issues and recommended the following changes in statute: Issue 1: "Until trust in the Texas Department of Transportation is restored, the State cannot move forward to effectively meet its growing transportation needs." The Sunset Staff recommended that this issue be addressed by changing the "culture" of TxDOT in a variety of ways. First, they recommended that the Texas Transportation Commission (TTC) be abolished and replaced by one appointed Commissioner. In order to provide the proper surveillance of the Department they suggested establishing a Transportation Legislative Oversight Committee that would review and comment on TxDOT's research program, including individual research projects and activities. Issue 2: "The State's complicated transportation planning and project development process frustrates understanding of how important decision are made." Recommendations to mitigate the effects of the issue were to redevelop, and update at more regular intervals, the Statewide