TEXAS TRANSPORTATION COMMISSION MEETING

Dewitt Greer Building
125 East 11th Street
Austin, Texas

 12:21 p.m. Tuesday, January 18, 2000 Special Meeting

COMMISSION MEMBERS:

DAVID M. LANEY, Chair
ROBERT L. NICHOLS
JOHN W. JOHNSON

DEPARTMENT STAFF:

CHARLES W. HEALD, Executive Director
HELEN HAVELKA, Executive Assistant, Engineering Operations

PROCEEDINGS

MR. LANEY: It's 12:21 p.m., January 18, and I'd like to call this special meeting of the Texas Transportation Commission to order. Public notice of the meeting containing all items of the agenda was filed with the Office of the Secretary of State at 10:15 a.m. on January 10.

Our agenda item this morning deals with the proposed adoption of administrative rules. Thomas, do you want to present them?

MR. BOHUSLAV: Good afternoon, Commissioners. My name is Thomas Bohuslav. I'm Director of the Construction Division. We just have this one item here. It's for proposed adoption.

Amendments are proposed to Sections 9.50 through 9.52 and Sections 9.54 through 9.59. These sections address our business opportunity programs. These sections are amended to comply with the new federal regulations for the DBE program contained in Title 49, C.F.R. Part 26, and clarify the relationship existing between federal regulations and HUB program requirements outlined in Government Code, Chapter 2161.

I'd just like to cover a few quick points on these rules. The department's policy in the past stated that the DBEs and HUBs shall have the maximum opportunity to participate in the performance of contracts. The policy now proposed replaces the word "maximum" with "an equal," so the statement reads, "DBEs and HUBs shall have an equal opportunity." This change conformed with the federal rules.

In addition, the goals process has been changed. In the past, DBE goals were based on a national goal of 10 percent. The new federal rules allow each agency to set their own goals based on availability with adjustments needed due to relevant evidence. The HUB goals are based on the General Services Commission's disparity studies.

One other point I'd like to make is the DBE certification requirements now include personal net worth certifications. A DBE firm owner may not have a personal net worth greater than $750,000, excluding their residence and value of the business being certified. This change was made to be in conformance with the new federal regulations.

Do you have any questions?

MR. LANEY: No questions? I would comment that we did discuss with the Attorney General's Office this morning some potential additions that I think we have passed on to Richard Monroe and his staff. I'd like for you all to consider in connection with a sort of a supplemental piece to this, relating to a race-neutral inclusion of small businesses. But you can take that up after we adopt.

MR. BOHUSLAV: Okay.

MR. LANEY: No questions. Can I have a motion?

MR. NICHOLS: So move we adopt this.

MR. LANEY: Second it. All in favor?

(A chorus of ayes.)

MR. LANEY: Thanks, Thomas.

MR. BOHUSLAV: Thank you, sir.

MR. LANEY: If there is no further business before the Commission, I'll entertain a motion to adjourn. This is our opportunity for public comment. Kirby, you want to make any comments?

MR. PICKETT: Not at this time.

MR. LANEY: Okay. At this time, it is now 12:24 p.m., and the meeting is adjourned. Thanks.

(Whereupon, at 12:24 p.m., the meeting was concluded.)

CERTIFICATE

MEETING OF: Texas Transportation Commission
LOCATION: Austin, Texas
DATE: January 18, 2000

I do hereby certify that the foregoing pages, numbers 1 through 6, inclusive, are the true, accurate, and complete transcript prepared from the verbal recording made by electronic recording by Penny Bynum before the Texas Department of Transportation.

01/21/2000
(Transcriber) (Date)
On the Record Reporting, Inc.
3307 Northland, Suite 315
Austin, Texas 78731