Showing posts with label 2009 Session. Show all posts
Showing posts with label 2009 Session. Show all posts

Tuesday, June 16, 2009

More between-session news--eminent domain; Perry signs non-existent document

As the end of the session approached, there were two pieces of eminent domain legislation that had a chance of getting through—SB 18 and HJR 14.

SB 18 WITH SEVERAL EMINENT DOMAIN PROTECTIONS DIED

SB 18 was the bill desired by organizations like the Texas Farm Bureau. It called for more transparency in the condemnation process, compensation for diminished access, and the right for the owner to buy back property at its selling price if it was not used for the stated purpose within a certain time period.

SB 18 passed the Senate, passed out of committee to the full House, and was caught in the last-minute logjam caused by the delaying tactics on the House floor to avoid bringing up the voter ID bill.

HJR 14 CONSTITUTIONAL AMENDMENT TO PROHIBIT PRIVATE-TO-PRIVATE PROPERTY TAKINGS WILL BE ON THE BALLOT

Even though SB 18 died, HJR 14 calling for a constitutional amendment passed the House and the Senate and will appear on the November ballot. If approved by voters, it would prevent in Texas the situation that happened in the Kelo case, where the U.S. Supreme Court upheld the process of taking property from one private owner and giving it to another private owner. HJR limits the taking of private property to a public taking.

GROUPS CALL FOR EMINENT DOMAIN TO BE IN SPECIAL SESSION

Some, including Agriculture Commissioner Todd Staples, Texas and Southwestern Cattle Raisers, and the Texas Farm Bureau, are calling for stronger eminent domain protections to be addressed in a special session. Farm Bureau President Kenneth Dierschke said, “We have to guard against the possibility that some may declare the job done on eminent domain reform. If there is a special session, we hope Governor Perry will add it to the call. If there is not, this has to be a top priority for the next regular session.”

PERRY ALAMO SIGNING A SHAM

There have been several news accounts of Gov. 39% signing the authorization in front of the Alamo for HJR 14 to be on the ballot this November. The only account I saw that explains that the whole ceremony was a sham is from Ken Herman in the Statesman.
http://www.statesman.com/opinion/content/editorial/stories/2009/06/06/16/0616herman_edit.html

“Who amongst us does not enjoy political theater? . . . The only thing better than political theater is the subcategory of political theater/fiction. This would be when a politician performs in a little show that is fully make-believe. . . .

“A real trouper, Gov. Rick Perry showed up at the Alamo, right arm in sling from a recent bike wreck, and used his left hand to sign House Joint Resolution 14, a proposed constitutional amendment concerning eminent domain. . . .

“Beautiful. Perfect. Inspiring. And as phony as they come.

“Here's why: Texas governors have nothing to do with proposed constitutional amendments. When a proposed amendment gets the necessary two-thirds vote in each chamber — as HJR 14 did this year — it goes to the secretary of state, who puts it on the statewide ballot. Unlike proposed laws, proposed constitutional amendments are not routed through the governor's office.

“No vetoes allowed. No signature required. No signing ceremony needed. . . . It's all about re-establishing Perry as a private property-rights kind of guy, a credential he covets as he heads toward a 2010 renomination battle against Sen. Kay Bailey Hutchison. . . .

“Exactly two years ago Monday, Perry invited questions about his dedication to private property rights by vetoing a bill dealing with the concept of ‘diminished access.’ . . . the veto did not sit well with some, including the Texas Farm Bureau, holder of a potentially pivotal endorsement in the 2010 GOP gubernatorial primary.

“The 2007 veto came on the heels of Perry's ill-fated Trans-Texas Corridor highway project, one that also attracted the ire of folks who fear government taking of private property.

“Sen. Jeff Wentworth, R-San Antonio, stood with Perry on Monday. After the ‘signing’ ceremony, the 21-year legislative veteran could not immediately recall previously attending a ceremony where a governor signed something a governor has no business signing.”

Since there is no provision for such a signing, I wonder what Perry actually signed. Did his office make up an official-looking document that would be a fake with no significance? Then what happened to the signed fake document? Maybe it will become a collector’s item.

Friday, June 12, 2009

Between regular and special sessions--recap of TTC and TxDOT bills

Now that we are between the end of the regular session of the Legislature and the beginning of a special session that Gov. Perry may call for later this summer, this is a good time to recap what happened to the main bills related to the Corridor and the TxDOT Sunset process (HB 300).

The last day of the regular session, the House acted to keep some state agencies, including TxDOT, in business by including them in legislation related to stimulus funding. This action would have caused TxDOT reorganization to be brought up in the 2011 session. However, the evening of the last session day, the Senate did not act on the House solution, thus leaving the future of TxDOT officially up in the air. Technically, if nothing further is done, TxDOT could begin a one-year process of shutting down on September 1 and go out of existence in September 2010.

Practically speaking, no one expects this to happen. Perry has said he will call a special session, although he has not said when or what issues would be included. Some expect that keeping the agencies going will be the bare minimum that will be in the special session.

BILL TO KILL THE CORRIDOR LEFT IN COMMITTEE

HB 11 by Leibowitz (D-San Antonio) would have repealed TxDOT’s “authority for the establishment and operation of the Trans-Texas Corridor.” HB 11 received a hearing in the House Transportation Committee, but was left pending in committee. During the House debate on HB 300—the omnibus TxDOT Sunset bill—Leibowitz succeeded in adding repealing the TTC to HB 300. Unfortunately, with the death of HB 300, repealing TTC also died for the regular session.

TxDOT SUNSET BILL DIED AS TIME RAN OUT

HB 300, the TxDOT Sunset bill was voted out of the House and the Senate in two different forms. The House/Senate conference committee that was supposed to reconcile the two versions could not come up with a final bill that was readily acceptable by the membership of both houses, and HB 300 died when time ran out in the session.

Isett (R-Lubbock) authored HB 300, the TxDOT Sunset bill, and was the manager of it as it went through the House. The Lubbock Avalanche-Journal reports: “Isett said that since Perry said he will call a special session, he hopes the lawmakers finish the entire legislative package left on the table when the clock ran out. . . . ‘My preference is that we give that agency legislative direction,’ Isett said. . . . I still believe that it is an agency that needs to be updated and reformed at many different levels.’”

REPLACING TRANSPORTATION COMMISSION FAILS

HB 565, by McClendon (D-San Antonio) attempted to abolish the Texas Transportation Commission and replace it with an elected state Transportation Commissioner. This bill was left pending in the House Transportation Committee.

While the House was debating TxDOT Sunset, some representatives tried again for some sort of elected Transportation Commission, and the final language called for an elected state-wide Commissioner plus 14 commission members elected from districts around the state. The Senate’s version kept the five governor-appointed commissioners, but reduced terms from six to two years and mandated commissioners leaving when their terms are up.

With the death of the TxDOT Sunset bill, efforts to change the Transportation Commission are stalled for now.

BILL TO PROHIBIT TxDOT FROM PROMOTING TOLL ROADS, INCLUDING TTC, PASSES BOTH HOUSES—SENT TO GOVERNOR

Another bill from McClendon was HB 2142, which prohibits TxDOT from spending our taxpayer money to actively promote toll roads, including the Corridor. TxDOT spent millions on their Keep Texas Moving campaign, which used advertising and lobbying to advocate the building of the Corridor and other toll roads. Terri Hall’s TURF organization sued TxDOT, saying that Keep Texas Moving was an improper use of taxpayer funds. The suit is still pending. In the meantime, McClendon’s bill puts an end to this type of campaign statutorily. It does not forbid putting out neutral informational material. HB 2142 passed both houses and has been sent to the Governor.

Thursday, June 4, 2009

Ag Commish calls for eminent domain in special session

Many of you might have already seen the column from Ag Commissioner Todd Staples in today’s Statesman. In case you haven’t . . .

http://www.statesman.com/search/content/editorial/stories/06/04/0604staples_edit.html

SB 18, the bill to provide more protection from eminent domain, the bill that was strongly supported by the Texas Farm Bureau, passed the Senate, although it was held up in the Senate far longer that it should have been. It reached the House so late that it was caught up in the end-of-session slow-down effort in the House, so never passed.

HJR 14 did pass both houses and will be on the November ballot as a constitutional amendment saying that condemnation proceedings must be for a public purpose.

Staples’ column asks that eminent domain protection be one of the subjects in a special session. He says: “The passage of HJR 14, a constitutional amendment that will be sent to the voters in November, provides much needed protection to ensure that, in the unfortunate instance that government must exercise condemnation powers, that it is for a clear public use and purpose.”

“Painfully absent from our laws in Texas . . . are fundamental protections to the owners of private property. A series of loopholes in the law and court decisions have eroded our rights. . . . [SB 18] would have established stricter penalties for not negotiating in good faith; demanded adequate compensation for loss of access; and clarified that eminent domain must only be exercised for public use. We know there are several matters that were casualties of the regular session that need to be tackled — eminent domain reform is without a question or doubt one of these essential topics.”

Monday, June 1, 2009

TxDOT Sunset dead; TxDOT lives until 2011; what about the Trans-Texas Corridor?

After the last several months of the TxDOT Sunset process and the 2009 session, it looks like both the good reforms and the bad additions have NOT made it through. Lots of time and energy expended for nothing, as far as TxDOT reforms go. TxDOT Sunset crept “in this petty pace . . . a tale told by an idiot, full of sound and fury, signifying nothing.”

TxDOT NOT SAVED BY ‘SAFETY NET’

Not only did TxDOT Sunset not pass, but also TxDOT was not even saved by the usual method of placing TxDOT survival in the “safety net” legislation.

As reported by the Statesman political blog, the House added keeping TxDOT open “to a bill authorizing state agencies to receive federal stimulus dollars. Agencies have to be open in order to get stimulus dollars . . . So the House corrected the stimulus bills to say that the departments at risk [including TxDOT] would stay open.”
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2009/06/01/house_votes_to_keep_txdot_aliv.html

SUNSET REVIEW IN 2011

One interesting aspect of doing it this way is that if TxDOT had been continued by the usual “safety net” process, it would have been up for Sunset review in 2013. Now, the TxDOT Sunset Review will happen again in the 2011 session. See the explanation on the Star-Telegram political blog.
http://startelegram.typepad.com/politex/2009/06/after-some-debate-house-members-make-vote-to-bypass-special-session.html

CAN THE HOUSE REALLY DO THIS?

The Statesman political blog reports that the Senate may not agree that the House action is allowable.
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2009/06/01/problem_with_the_house_res.html
“Word is there could be a problem with the House wording: It may not allow TxDOT to issue the $2 billion in bonds it needs to continue road-building projects. Big problem that would be. And a bigger one: The House adjourned sine die about 20 minutes ago. So they’ve left the Capitol for good, at least in this legislative session. No way to fix any mistake now.”

NO FILIBUSTER

Of course, since HB 300, the TxDOT Sunset Bill, died in the House, there was no need for Sen. Carona to filibuster it in the Senate. The Dallas Morning News political blog says, “A smiling Sen. John Carona said Monday he didn’t have to bring his tennis shoes to the Senate floor on Monday after his filibuster threat . . . was made moot by the House decision . . . to let the proposal die.”
http://trailblazersblog.dallasnews.com/

SPECIAL SESSION?

The Senate has just adjourned “without approving a key measure to keep five agencies in business—including TxDOT,” according to the Statesman political blog.
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2009/06/01/senate_adjourns_calls_out_hous.html
“Senate leaders said they expect Perry will call the Legislature back into session to deal with the new crisis. . . . Short of a special legislative session the agencies will begin shutting down in coming months.”

WHAT ABOUT THE TRANS-TEXAS CORRIDOR?

Unfortunately, since HB 300, the TxDOT Sunset Bill, is dead, the language that repealed the Trans-Texas Corridor is also dead. At the beginning the session, Rep. Leibowitz of San Antonio filed HB 11 that specifically repealed TxDOT’s authority to create the TTC which was left pending in committee. However, the language was added to HB 300, where it has died.

Fortunately, the Comprehensive Development Agreements/Public Private Partnerships may also have died. These CDA/PPP were the building blocks of the TTC “vision.” The TTC would have been built by private corporations like Cintra of Spain, who would have been working under comprehensive development agreements. These CDA/PPP’s were added to HB 300, thus allowing segments of the TTC to be built in this way, even if the name TTC was removed.

Without the passage of HB 300, these CDA/PPP’s are due to expire in September. So the language repealing the TTC did not pass. However, the foundational building blocks of the TTC, CDA/PPP’s, also did not pass, and this method of highway construction will expire.

All in all, at this point, we have made further progress against the TTC during this session.

Tuesday, May 26, 2009

Senate has passed TxDOT Sunset Bill--what might happen next?

The Statesman's Ben Wear discusses where TxDOT Sunset stands now and its possible future.
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2009/05/26/txdot_sunset_now_what.html

HB 300 started out in the House as a huge bill and it has grown. Wear says:

"The thing had gotten so big by the time it reached the Senate floor that staffers printed it in an unusual single-spaced, legal-size paper format just to keep the height of the stack down. . . . The rough estimate is that in normal format HB 300 was a 700-page bill at least when it hit the Senate floor."

There are important differences between the House and Senate versions, and Wear discusses what might happen now and the timing:

"First, the 15 or so Senate amendments have to be incorporated and it has to be printed. This alone could take 24 hours. But we’re told that in the meantime, or perhaps after this is done, the bill would then go back to the House for concurrence.

"[S]tep two, the House declines to concur and appoints its five conference committee members. The two leaders of this almost surely will be Rep. Carl Isett, R-Lubbock, the bill sponsor, and Rep. Joe Pickett, D-El Paso, the House Transportation Committee chairman. . . . [The Senate] will then appoint its own conference committee members. The leaders there will be Sen. Glenn Hegar, R-Katy, the Senate sponsor, and Sen. John Carona, R-Dallas, chairman of the Senate Transportation and Homeland Security Committee.

"Both the House and Senate must vote for final bills emerging from conference committees by midnight Sunday, the session’s penultimate day. . . . Realistically, then, negotiations have to be done by sometime Friday."

Some sort of measure to keep TxDOT going, rather than Sunset it, must be passed. It sounds like it will be difficult to go through all these steps in time to complete all the reorganization contained in HB 300. If the House and Senate can't get this bill out in time, or if they complete their work, but Perry vetoes it, I assume there will be some mechanism to keep TxDOT going the way it is for two more years and start the whole Sunset process over again for the 2011 session. If this is the case, untold hours of work by the Sunset staff, legislators, and citizens giving input will have been for naught, at least at this point.

Monday, May 25, 2009

HB 300--TxDOT Sunset Bill--what if it doesn't pass?

A very clear explanation by Michael Lindenberger of the Dallas Morning News about where the TxDOT Sunset Bill started out in the House, how it was changed and weakened in the Senate, and where it stands now.
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-transportation_25ttex.ART.State.Edition2.517f53a.html

He concludes that it is even possible that the House and Senate are at an impass on this HB 300 and that it will not pass. If it does not pass, being a Sunset Bill, it could mean that TxDOT would cease to exist. Since that is not something that legislators would allow, they might pass something that would kick the can on down the road--continue TxDOT for only two years and try for reorganization again in two years.

I would hate for HB 300 to go down the drain, since it does now contain language that repeals the Trans-Texas Corridor. However, this could be taken out before final passage, if any, so everything is up in the air.

Thanks to Roger Baker for sending this around.

Friday, May 22, 2009

Yes to SB 18 for more protection against eminent domain

SB 18, the eminent domain bill by Estes is now on the House’s Major State Calendar. It was expected that it would go before the House today, but because the House has been clogged up for most of the day with delaying actions, this bill has not been acted on yet.

SB 18 has been changed somewhat since it was introduced. Some are saying that it has been fatally weakened, but others believe that it still gives property owners more rights than we have currently, including compensation for “diminished access” without using that exact phrase and providing for more transparency in the condemnation process.

The Texas Farm Bureau has been working on behalf of more protection against eminent domain throughout this session, and the Bureau is still strongly in favor of SB 18. To find your representative to ask him or her to vote for SB 18 go to

http://www.fyi.legis.state.tx.us/

TURF alert about SB 17 and SB 404

See many more details below about SB 17 and SB 404 enabling the Trans-Texas Corridor even though legislators have tried to repeal it through an amendment in the TxDOT Sunset Bill. This letter from TURF's Terri Hall is a guest post on Eye on Williamson County.



http://eyeonwilliamson.org/?p=4854

Oppose SB 17 and SB 404

Liberty Matters, TURF, and Indy Texans have sent messages asking us to contact our representatives to vote against SB 17 and SB 404. Taken together, SB 17 by Nichols and SB 404 by Carona would enable Comprehensive Development Agreements/Public Private Partnerships and allow some of the Trans-Texas Corridor and other toll roads to be constructed, even though the TxDOT Sunset Bill still contains the amendment to repeal the TTC.

Right now, the House is bogged down with other matters, and as far as I can tell, has not gotten to these bills. Please contact your representative and ask him or her to vote against SB 17 and SB 404.

Tuesday, May 19, 2009

Rep. Maldonado issues report on legislative session

As the session draws to a close, our HD 52 Representative Diana Maldonado has issued a legislative round-up.

She said, "I am proud to have moved several key pieces of legislation through the House that will benefit District 52." She passed a bill to fund the Eastern Williamson County Higher Education Center in Taylor. She also passed legislation to help schools get electronic materials returned by students.

Rep. Maldonado passed a bill to allow Taylor and Hutto to use money from their hotel-motel tax revenues to fund recreational facilities, including the Eastern Williamson County Park in Taylor. She also succeeded in passing a "green" bill, that would require TxDOT to use recycled glass in new road projects. She said, "This will help reduce the amount of glass that goes into our landfills, and provide contractors with an environmentally friendly alternative."

She coauthored several bills to benefit especially her rural constituents. She was a coauthor on HB 11 to repeal the Trans-Texas Corridor. It was left pending in committee, but a similar measure made it into the TxDOT Sunset Bill, which passed the House and is before the Senate.

She also coauthored HB 13, which would have prevented free land to toll lane conversions, which was left pending. She was a coauthor on HB 1483 which provided greater protection from eminent domain. HB 1483 was left pending, but a similar Senate bill is still under consideration

Rep. Maldonado has achieved a large body of work this session, especially for a freshman legislator. She said, "I greatly appreciate all of the input and suggestions that have come in from thousands of constituents during this session. Your correspondence keeps me informed on your views and helps me to make decisions each day."

To see more information about legislation or to contact her office, go to her House website at
http://www.house.state.tx.us/members/dist52/maldonado.php

Friday, May 15, 2009

Legislative update--some Corridor and Rail bills

The deadline for the House to pass House bills was reached at midnight last night. If a representative’s legislation was not passed by then, it is dead, unless the representative can attach it, or pieces of it, to appropriate Senate legislation.

An update on some bills we have been following:

HJR 29 by Elkins proposes a constitutional amendment to allow the legislature to override a veto of the governor following a legislative session, thus making sure that the governor can’t solely override the will of the people and their legislators after a session—too late for the veto to be overridden, no matter how many votes it might have--which is what happened to eminent domain legislation in the 2007 session. HJR easily passed the House and is on the calendar for a second vote by the Senate on Monday, May 18. Hope this amendment passes and is put on the ballot for us to vote on.

SB 1923 by Watson would use certain fees to put money into the Texas Rail Relocation Fund. Since many of the officials and lobbyists who want to fund rail relocation want to expand the rail line through Coupland or build a new big route through the Coupland area, I hope this bill does not pass the Senate. It is on the Senate calendar for second reading.

HB 2142 by McClendon would prohibit TxDOT from using taxpayer money to promote the Trans-Texas Corridor and other toll roads. You may remember the annoying multi-million- dollar Keep Texas Moving advertising campaign. TxDOT also used our money for lobbying for toll roads. This campaign resulted in TxDOT being sued by TURF—case still pending. HB 2142, which forbids such campaigns, has passed the House and heads to the Senate, where the same legislation (by Sen. Carona) has already passed. Looks promising for this good legislation.

HB 300, the large TxDOT Sunset Bill that passed the House WITH an amendment repealing the Trans-Texas Corridor has gone to the Senate, where it is scheduled for a public hearing on May 18, in Transportation & Homeland Security Committee. Pundits are saying that the final form of HB 300 will be determined by the upcoming House and Senate conference committee.

Thanks to Martha Estes for helping us follow what is going on at the Capitol.

Thursday, April 23, 2009

HB 9--companion to Carona's SB 855 for local transportation taxes--heard on April 21

During the Tuesday hearing, after the relatively short time spent on HB 11 and 13, the Transportation Committee heard several hours of testimony on HB 9 by Vicki Truitt, Keller. This is the companion bill to Sen. Carona's large complicated SB 855 to allow some of the largest urban areas in the state to vote among several possible taxes and fees to raise money in their local area to pay for local transportation projects.

Teams of boosters from the areas that want this power testified up into the evening. (I left before it was over.) Testifiers included elected officials and business people. The most unexpected sighting for me was Nolan Ryan, who joined other witnesses from North Texas to advocate for HB 9. I was sorry that my husband the big baseball fan was not there to see him.

Ryan's main point was that the traffic congestion in the vicinity of the Ballpark at Arlington is keeping fans away, especially during the week, including Friday evening. I don't know if any of the projects that the North Texas leaders want most will help that traffic problem, but it was interesting to see and hear him in person.

I had thought that the Transportation Committee members would give all the HB 9 testimony a favorable reception so was surprised by the close questioning of the bill's author Rep. Truitt, especially by Reps. Harper-Brown and Davis. Both are from the DFW area, but they are not sold on the HB 9 approach. They and other members also questioned other witnesses at length on the details of the bill, and it certainly has many complicated details. The menu of taxes that the areas can choose from even varies from area to area!

Chairman Joe Pickett left HB 9 pending in committee and according to Rodger Jones, Dallas Morning News, Pickett seemed skeptical that HB 9 was the right approach, saying, "We do need a plan. We need a statewide plan." The author Rep. Truitt responded, "If you don't mind, I'm going to keep working on this bill." Maybe making changes that were discussed during the hearing will bring more representatives on board, but it looks like local transportation taxes may face more trouble getting through the House than the Senate.

HB 13 to prohibit free lane to toll lane conversions heard on April 21

In addition to HB 11 to kill the Corridor, the House Transportation Committee heard HB 13--like HB 11 authored by Leibowitz with one of the coauthors our HD 52 Representative Diana Maldonado.

HB 13 would plug the loopholes in a similar plan from Sen. Nichols--SB 220. The loopholes or exceptions in SB 220 would allow the tolling of 290 East to go ahead. HB 13 does not have these exceptions and would save 290 East as a free highway.

The Statesman's Ben Wear says "the legislation would effectively kill what used to be called the Phase 2 toll road plan." He opines that since there is still political support in Austin for the Phase 2 toll roads and since Kirk Watson, the CAMPO chair, is in an influential member of the State Senate, HB 13 probably will not pass the legislature.

Many members of the public at the hearing who spoke or filled out witness forms in favor of HB 11 also registered their support for HB 13. Like HB 11, 13 was left pending in committee.

Wednesday, April 22, 2009

BILL to KILL the TTC gets hearing

A landmark event occurred yesterday. Rep. Leibowitz’s (D-San Antonio) HB 11 to totally kill the Trans-Texas Corridor was heard in the House Transportation Committee. HB 11 may not make it past this point this session, but after fighting the Corridor for years, it is very encouraging to me, and an important symbol of how far we have come, to witness this bill given a hearing and to hear every single witness testify in favor of this bill, with no one who cared or dared to publicly oppose the Corridor-killing bill.

Corridor must be wiped from the books

As we know, the pronouncements during the last few months that the Corridor is dead may reflect the reality that the Corridor is very sick, that the people of Texas don’t want it, and that it has become more and more politically risky. However, Gov. 39% declared that the name might have changed, but that his “vision” of the almost quarter-mile wide, multi-modal network criss-crossing Texas would continue by segments. The name was changed to protect the guilty, but the essence of the project would continue piece by piece.

Rep. Leibowitz said, “Rural land will still be taken by cross-state tollways if we don’t repeal the authority to create the TTC. [with the passage of HB 11] If the state leadership wants to come up with a new multi-modal transportation corridor, they will need to start from scratch.”

Krusee creates Corridor, Maldonado tries to kill it

An ironic twist--we must observe that our previous HD 52 representative Mike Krusee was the author and prime mover behind HB 3588 that created the Corridor in the 2003 session. Our current Representative Diana Maldonado is a coauthor of HB 11 to destroy the Corridor.

Testimony in favor of HB 11

The hearing room was almost full, and Chairman Pickett announced that overflow capacity was available in another room. Many testified in favor of HB 11 and many more handed in testimony forms supporting HB 11. Staffers kept running out of witness forms and had to go out to get more.

Leading off the testimony was the president of the Texas Farm Bureau, Kenneth Dierschke, who, representing 425,000 member families, testified in favor of HB 11.

Representing other groups around the state were Terri Hall of TURF; Hank Gilbert of TURF and former Democratic nominee for Ag Commissioner; Beki Halpin, Fix 290; Margaret Green, Blackland Coalition; Bruce Burton, Texans Against Tolls; and citizens representing themselves and their families. Mary Anderson. Texans Against Tolls, did not speak publicly, but was all around the hearing room, supplying information and helping others get their witness forms. Citizens from all over the state testified to the committee and handed in witness forms.

About his HB 11 to kill the Corridor and HB 13 to prohibit the conversion of free lanes to tolled lanes, Rep. Leibowitz observed, “Nobody testified against them.” He said that HB 11 “takes TTC off the books. TTC is sucking the very life blood out of the heart and soul of Texas. We need to drive a stake through its heart—if it has a heart.”

Status of HB 11

Chairman Pickett left HB 11 and HB 13 pending. This means that the Transportation Committee may or may not vote these bills out to go to the full House. We will try to get an idea of what is going on with HB 11 in the committee and see if the anti-Corridor groups need to mount a campaign to communicate with the legislators to get HB 11 out of committee and to the House floor.

Filming the proceedings

Making a complete record of the proceedings was Bill Molina of Storm Productions. Bill has produced two award-winning documentaries against the Corridor—the “Truth Be Tolled” films. When history decides to go back and look at all the meetings and hearings around the state and at the Capitol on the Corridor, the entire record will be there in the work of Bill Molina. The Coupland Civic Organization hosted a showing of his first Corridor film two years ago—just one of the community groups around the state that have done so. Both of Bill’s films can be seen for free now on YouTube. Go to truthbetolled.com and click on YouTube on the top line.

Tuesday, April 21, 2009

Action AGAINST eminent domain needed now!

NOW is the time to contact the House and Senate committees where the two best bills with protection against eminent domain are still stuck. HB 1483 by Pitts is left pending in the House Land and Resource Management Committee. SB 18 by Estes is left pending in the Senate State Affairs Committee. Both of these bills are endorsed by the Texas Farm Bureau as the best protection for rural landowners.

Below is information, including contact information, from several groups.

TURF ISSUES BILL ALERT

HELP PROTECT LANDOWNERS FROM EMINENT DOMAIN ABUSE
Important eminent domain bills stuck in committee with only a few days left to get them passed and still have time to override a Perry veto. CALL NOW! Forcibly taking OUR private property and handing it to foreign corporations like Cintra or ACS, are the centerpiece of Perry's Trans- Texas Corridor and network of tollways. Landowners need protection and Perry vetoed a good bill last session. We MUST get this passed in time to override him.Tell these committees we want HB 1483 AND SB 18 voted OUT of committee NOW!
Email them here: - Senate State Affairs Committee- House Land & Resource Committee

LINDA CURTIS OF INDEPENDENT TEXANS SAYS ‘HAMMER THE COMMITTEE OFFICES NOW’

What can we do? Help get the eminent domain reform bills out of committee! We need to hammer the Committee offices (don’t be mean, but be firm) now!!

Easy Steps!

1. No matter where you live in Texas, call the Committee offices below and urge them to get House Bill 1483 and Senate Bill 18 out of their respective committees right away!

Senate State Affairs Committee: 512-463-0380 (Senate Bill 18)
House Land & Resource Committee: 512-463-1623 (House Bill 1483)

2. Call the Committee chairs and vice chairs no matter where you live in Texas.

SENATE State Affairs Committee (C 640)
Clerk: Kelsey Erickson Tel: (512) 463-0067 Sam Houston Building - Room 445
Robert Duncan, R-Lubbock, Chair (512) 463-0128 & Fax: (512) 463-2424, *call regardless of where you live Robert.Duncan@Senate.State.tx.us
Robert Deuell, R-Greenville, Vice-Chair (512) 463-0102 & Fax: (512) 463-*call regardless of where you live Robert.Deuell@Senate.State.tx.us
HOUSE Land & Resource Management Committee (C360)Clerk: Trey Burke Phone: (512) 463-1623 Room: EXT E2.136
Chair: Rep. Dennis Bonnen #25 (R) Dennis.Bonnen@house.state.tx.us
512-463-0564 & Fax (512) 463-8414, Brazoria County * call regardless of where you live
Vice Chair: Rep. Jessica Farrar 148 (D) Jessica.Farrar@house.state.tx.us 512-463-0620 & Fax (512) 463-0894, Houston, * call regardless of where you live

3. Forward this email to all you know in Texas.

4. Optional, but can be VERY helpful. Write a very brief letter to the editor of your favorite or local newspaper!

Get after it y’all!
Linda CurtisIndependent Texans http://IndyTexans.org

MARTHA ESTES NOTES ‘URGENCY’

ACTION Alert: SUPPORT Eminent Domain BILLS

WHY NOW? The URGENCY grows greater as the days in this session grow shorter… making an effort to OVERRIDE the expected PERRY Veto impossible. PERRY played the stall game and won in 2007 when HB 2006 was PASSED with massive support and KILLED by his Veto.

Saturday, April 18, 2009

More on April 21 hearing on HB 11 to kill the Corridor

Helpful info from TURF's Terri Hall about the procedure and timing of Tuesday's hearing for HB 11--to KILL the CORRIDOR, plus the other important bills HB 13 and HB 9/HJR 9.

Terri says:

HELP US FINALLY KILL THE TRANS TEXAS CORRIDOR & TOLLS ON EXISTING ROADS! We need you and your organizations' help in spreading the word to help us get people to Austin Tuesday for a House Transportation Committee hearing. Some very important bills will be heard: a bill to strip the Trans Texas Corridor from the transportation code (HB 11), a bill that would prevent tolls on existing roads (HB 13), and a BAD BILL dubbed a "local option" tax bill (HB 9/HJR 9) that literally can enact a tax on every mile you drive, a tax for driving during congested hours, and even a tax on a parking space (there are about a dozen total potential tax increases in this bill).

We need folks to testify or at least register in support of HB 11 and HB 13 and AGAINST HB 9/HJR 9 at the House Transportation Committee hearing Tuesday. Unfortunately, emails and phone calls do not make it into the official record (though they certainly let our representatives know where we stand). So if we don't show up for the actual hearing, our voices will be drowned out by the heaps of lobbyists who are paid to oppose the citizens' agenda.

The Committee office believes these bills will be taken up in the afternoon when the House adjourns. Plan to get there around 12 noon. If not at noon, come as soon as you can to register FOR HB 11 and HB 13 & AGAINST HB 9/HJR 9.

Hearing location: RM E2.014 in the Capitol extension building

More on Perry's funds transfer--House takes money away

According to the Quorum Report, at the end of the House passing its budget, an amendment from Yvonne Davis was added that would take away the funds from Perry's enterprise fund. This is the fund that earlier this session was in the news when Perry gave $50 million that had come at least indirectly from unemployment insurance funds to A&M for a medical research building. The project might have been worthy, but legislators objected to Perry bestowing the money unilaterally instead of going through the usual procedure.

The House seems to be telling Perry directly that it has ultimate budgetary control by passing this amendment that, as the Quorum Report says, "would zero out the budget's funding for the Guv's enterprise fund." The amount that legislators transferred out of the enterprise fund to the job skills development fund is $136 million.

Friday, April 17, 2009

HB 11 to abolish TTC set for hearing April 21--also HB 13 re free lane to toll lane conversion

Two of the bills that we have been following this session have been scheduled for a public hearing before the House Transportation Committee on April 21. Here is the link to the hearing announcement:
http://www.legis.state.tx.us/tlodocs/81R/schedules/html/C4702009042108001.HTM

HB 11 by Leibowitz is intended to abolish the Trans-Texas Corridor once and for all. Its official description is “Relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor.” It would take away TxDOT’s authority to create the Corridor. One of its coauthors is our HD 52 Representative Diana Maldonado.

HB 13 is also by Leibowitz; our Representative Diana Maldonado also is a coauthor on this bill. HB 13 is “Relating to the operation of a state highway or segment of a state highway as a toll project.” TURF, an anti-Corridor anti-toll group, praises HB 13 as “the RIGHT bill to truly STOP freeway to tollway conversions. Contact your State Representative and ask them to vote NO on SB 220 and YES on HB 13!” SB 220 by Nichols will not stop some free lane to toll lane conversions, including tolling 290 E, because of its exceptions or loopholes. The better bill HB 13 by Leibowitz does not contain these loopholes.

Maldonado says that HB 13 “should prevent some of the problems we face with the Trans-Texas Corridor.”

Transportation Committee Hearing on April 21

HB 11 and HB 13 will both be heard by the House Transportation Committee on Tuesday, April 21, in Rm. E2.014 in the Capitol Extension. The hearing begins at 8 a.m. The committee chair is Rep. Joe Pickett. Vice Chair is Rep. Larry Phillips.

Comment to the Committee on One or Both of These Bills

If you wish give either written or oral comments to the committee during the hearing, you must fill out a witness affirmation form when you arrive. You may write your comments on the form and hand it in without speaking to the committee. If you want to testify before the committee, you must indicate that on the witness affirmation form.

You can mail comments to the committee at:
Texas House of Representatives
Transportation Committee
Ext. E2.122
P.O. Box 2910
Austin, TX 78768-2910

or call the committee office at 512-463-0818. You may email comments to Jonathan Sierra-Ortega in the committee clerk’s office at jonathan.sierra_ortega_hc@house.state.tx.us,
but handing in a form at the hearing or sending a written letter will have more impact than an email.

Thank Rep. Maldonado for Coauthoring These Bills

If you want to let our Representative Diana Maldonado know that you support her coauthoring one or both of these bills, you can email her by going to her webpage
http://www.house.state.tx.us/members/dist52/maldonado.php

and clicking on “send email.”
Or you can reach her office at:
Room E2.802 Capitol Extension
P.O. Box 2910
Austin, TX 78768
(512) 463-0670
(512) 463-1469 Fax

Monday, April 13, 2009

Eckhardt's insights on Williamson County in SB 855

Thanks to Travis County Commissioner Sarah Eckhardt, who spoke to a community meeting last week in the New Sweden Church fellowship hall. I will have more on her comments later, but I wanted to report her insights on an issue we have been covering: John Carona's SB 855 on allowing local transportation taxes for the state's largest urban areas.

On March 26, we noted what seemed to be a contradiction. At the same time, the Williamson County commissioners unanimously voted to join the Central Texas transportation taxing authority that would be created by SB 855, while our Senator Ogden added an amendment to the bill that excludes Williamson Co. from joining such a taxing district.

SB 855 has now passed the Senate and is headed for the House. Sen. Ogden was one of nine senators voting against the bill.

According to Comm. Eckhardt, the Wilco commissioners were eager to join in a Travis Co./Central Texas transportation/taxing entity. However, after they voted to join the proposed district, other area elected officials such as Sen. Ogden felt that their area would not be in favor of any new taxes and he succeeded in excluding Wilco in the legislation.

Wednesday, April 1, 2009

House passes veto override--wish we had this last session

Thanks to Martha Estes for getting the word out that the constitutional amendment to allow the legislature to reconvene after the regular session to override a gubernatorial veto, HJR 29 by Gary Elkins, has passed the House 131-16. This important piece of legislation would put a stop to the governor waiting until the session is over and then vetoing a bill that has already been passed by veto-proof majorities in both houses. If this amendment is added to the Constitution, then legislators will have the opportunity to actually excercise their veto-proof majorities.

As Martha says, "Hallelujah!! We must NOW get to work on the SENATE!! The Senate would do well to accept the House version as amended. IF the Senate does what it should, the proposed constitutional amendment would be offered to VOTERS on Tuesday, November 3."