Senate Bill 370 Report – Preface

• Preface
• I. Findings of the Review: Rule and Process Changes
  1. Construction Contracts
  2. Maintenance Contracts
  3. Project Development
• II. Findings of the Review: Statutory Changes
  1. Construction Contracts/Preliminary Engineering
  2. Construction and Maintenance Contracting
  3. Maintenance Contracting
  4. Right of Way Acquisition
• III. Conclusion

Preface

SB 370 passed during the 75th Legislative Session requires the Texas Department of Transportation to conduct a review of certain rules and laws. The intent of the amendment was to look at ways of building and maintaining highways faster and at reduced expense.

Specifically, the statutory language is as follows:

Transportation Code, Section 223.012. CONTRACTOR PERFORMANCE.
(a) The department shall…
(3) conduct a review to determine whether commission rules or state law should be changed to realize significant cost and time savings on state highway construction and maintenance projects.
(b) Not later than December 1, 1998, the department shall file a report with the governor, the lieutenant governor, and the speaker of the house of representatives containing:
(1) the results of the review conducted under Subsection (a)(3); and
(2) recommendations on legislation the commission determines is necessary to realize significant cost and time savings on state highway construction and maintenance.

The department’s Executive Director responded to this directive by forming a working group consisting of:

• Gary K. Trietsch, P.E., Houston District Engineer;
• Robert L. Wilson, P.E., Design Division Director; and
• Thomas R. Bohuslav, P.E., Construction Division Director.

The group was charged with ensuring that the department completed the task of reviewing Texas Transportation Commission rules and state law. They worked in conjunction with the Commission, and the department’s Administration, Legislative Affairs Office and Office of General Counsel to identify, develop, and refine the issues which are discussed in this report.

The department viewed this report as an opportunity to discuss recent internal initiatives, as well as provide thoughtful options to the Legislature which may have a positive influence on the agency’s future operations. It was noted that recommendations resulting from this effort must be pursuable at the state legislative level. While a strict reading of the report’s requirements could be seen as limiting its scope to addressing recommendations that would have effect once a construction or maintenance project begins, the department also addressed project development issues in line with what it believes to be legislative intent.

This report is divided into two sections. First, there is a discussion about rules and process changes which surfaced during the required review that either have been or will be made at the option of the Commission. This section also highlights initiatives the department has previously undertaken in an effort to speed up project development. Second, there is an analysis of statutory changes that could be enacted by the Texas Legislature. As directed by statute (Transportation Code, Section 223.012), this report will be filed with the Office of the Governor, Lieutenant Governor, and Speaker of the House of Representatives.