HB 300 TxDOT Sunset Bill--filibustered?

Patricia Kilday Hart reports on the burkablog

http://www.texasmonthly.com/blogs/burkablog/?p=4012

that Sen. Carona is considering filibustering HB 300, the TxDOT Sunset Bill, because earlier today the House-Senate conference committee stripped out of it Carona's local option transportation tax. Hart says the final committee report "was not shown to Transportation Chair Carona or Vice-Chair Kirk Watson, but signed and filed by Senate conferees Glenn Hegar, Chuy Hinojosa and Robert Nichols." How does this happen? Did the rest of the committee just wait until the chair and vice-chair of the Senate Transportation & Homeland Security Committee were both out of the room at the same time, sign the thing real quick, and then take off at a run to file it? I'm having trouble picturing this.

In addition to Hegar, Hinojosa, and Nichols signing for the Senate, Linda Harper-Brown, Joe Pickett (Chair of the House Transportation Committee), Wayne Smith, and Carl Isett (author of HB 300), signed for the House. The only House conferee not to sign was Ruth Jones McClendon.

Previously, Carona has said he will not accept the TxDOT Sunset Bill if it does not contain his local option plan. From this point, the signed bill without his local option plan will be printed and distributed to the Senate and the House to be voted on by all members. It is not clear how soon the 1,000-plus-page bill call be printed and distributed, so it is uncertain when the votes in both houses will occur. It has to be before the session ends on Monday, June 1. Is it feasible for a Carona filibuster to prevent a Senate vote and thus kill HB 300? If this happens, TxDOT will have to be continued for two years by the "safety net" bill and its Sunset process taken up by the next session

TxDOT Sunset HB 300--internal and external attacks

House and Senate conference committee members are now negotiating to see if the two different versions of the TxDOT Sunset bill can be reconciled. Given some issues that it seems that they will never agree on, will this HB 300 collapse from its own weight? A good explanation in the Star-Telegram:

http://www.star-telegram.com/804/story/1402048.html

The House has declared that it will never accept the local option transportation tax plan desired mainly by the DFW area, and the Senate has declared that it will not accept HB 300 without this plan.

The Star-Telegram reports a possible compromise: "Senate negotiators are offering to reduce two proposed fees on motorists and delay countywide elections by two years in a proposed compromise to keep a local transportation funding plan alive . . ."

While negotiations go on behind closed doors, there will be a very public rally and press conference: "Several hundred business and community leaders from Arlington, Burleson and other area cities planned to descend on the state Capitol today to show support for the local-option transportation provision, regarded as crucial to resolving worsening traffic congestion in North Texas."

In addition to the local option tax plan, the other major point of disagreement is red-light cameras. The House has placed a phase-out of the cameras in its version, but it is not in the Senate's.

Senate Transportation & Homeland Security Chair John Carona says that "local-option provisions are not negotiable." House Transportation Chair Joe Pickett says, according to the Star-Telegram, that he is "concerned that a provision widely opposed by the House membership could endanger the entire bill."

TURF, Liberty Matters, Texans Against Tolls, Independent Texans, and others are working to kill HB 300. They argue that the current version does not contain the desirable changes developed during the Sunset process and does contain most of the undesirable provisions that could not stand on their own and have been added under the table at the last minute. It could be that their efforts, plus the inability of the House and Senate to agree, will accomplish what seemed unlikely until recently--the death of HB 300, resulting in a TxDOT Sunset re-do, to be tackled in the 2011 session.

Carona's SB 1570 high-speed rail authority goes to full Senate

Sen. Carona's SB 1570 "relating to the facilitation, analysis, and implementation of high-speed passenger rail" in Texas has just been reported favorably as substituted, meaning the full Senate will vote on it. See our previous coverage at

http://acretexas.blogspot.com/2009/04/caronas-sb-1570-promotes-texas-t-bone.html

We reported the problems with the T-Bone plan being pushed by the South Central High-Speed Rail Transportation Corporation, the Obama Federal plan, and the conflicts between them.

Carona's SB 1570 promotes Texas T-Bone high-speed rail--bad idea for taxpayers

John Carona, chair of the Senate Transportation and Homeland Security Committee, has a bill left pending in his committee designed to get state-wide high-speed rail up and running. SB 1570 gives actual authority to the South Central High-Speed Rail and Transportation Corporation to design and fund the Texas T-Bone plan. Right now, the organization is a not-for-profit corporation that advocates for the plan. SB 1570 will turn it into a governmental authority.

There are several problems with the T-Bone design. The T-Bone runs from DFW through Temple and Austin to San Antonio. A leg heads west from Houston through Bryan and meets the north-south leg at Temple. A map is at the THSRTC website www.thsrtc.com.

This is NOT the plan announced by Obama that is on the Federal Railroad Administration website.

http://www.fra.dot.gov/Downloads/RRdev/hsrmap.pdf

The Federal government has designed one plan, and Texas would be designing a different one. Even if a state-wide high-speed rail project was a good idea, which it is not, a major problem with both plans is that neither has a direct connection between the state's two largest centers--DFW and Houston. In the T-Bone plan, travelers would have to go out of the way, through Temple. The Federal version shows Houston on a separate line coming through New Orleans--again, no direct route to Dallas.

An additional roadblock could eventually be the airlines. Back in the 90's, we rural residents organized "De-Rail" groups along the route of the Ben Barnes/French bullet train, and we had some impact. At the same time, Southwest Airlines was fighting the project. Eventually, financing for the project did not come through.

Right now, the T-Bone boosters point out that the airlines are not opposing the T-Bone project. One might say the airlines are not opposing it--YET. This could change.

Based on high-speed rail that is running elsewhere in the world, it's a bad idea for taxpayers. The systems are not self-supporting; they are supported by government funds. In Texas, like the Trans-Texas Corridor, the ultimate goal is not cost-effective transportation for the tax-paying public. The ultimate goal is dipping into the taxpayers' pockets once again for funds for construction companies, consultants, and officials. As always, follow the money.

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.

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.

$1.8 billion for Wilco transportation--related to Sen. Carona's new taxing entities?

Eye on Williamson links together important transportation news today.

http://eyeonwilliamson.org/?p=4343

As we reported earlier, Williamson County will hold open houses to present their 25-year transportation plan.

Information on the plan will be available on the county’s website starting March 20 at www.wilco.org. Comments can be sent to roads@wilco.org or call 943-1195.
Precinct 1 - Monday, March 30, at the Rattan Creek Community Center, 7617 Elkhorn Mountain Trail, in Austin.
Precinct 4 - Tuesday, March 31, in the Taylor Public Library Meeting Room, 801 Vance Street, in Taylor.
Precinct 2 - Monday, April 6, at Pat Bryson Hall, 201 N. Brushy Street, in Leander.
Precinct 3 - Tuesday, April 7, at the Central Maintenance Facility, 3151 S. E. Inner Loop, in Georgetown.
County-wide open house - Thursday, April 16, from 2 p.m. to 8 p.m., in the Commissioners Courtroom in the Williamson County Courthouse, 710 S. Main Street, in Georgetown.

This transportation plan is covered in the Taylor Daily Press article by Philip Jankowski, "Report: $1.8 billion for transportation by 2035."
http://taylordailypress.net/articles/2009/03/25/news/news01.txt

EOW comments, "The sky is falling, the sky is falling. Please, please commissioners, act quick, on this 25-year plan and save us. . . .Is it just me, or does it seem ludicrous to anyone else that the WCCC wants to decide on the fate of transportation in Williamson County over the next 25 years in a little over two months? You may also be wondering how they plan on getting that $1.8 billion."

EOW continutes, "Of course no one’s seen the plan yet, and we will likely get to see very little of it, and even less influence over it, before its approval in early May. I would advise everyone, but especially those who own land in Williamson County, to show up at least one of these meetings and seriously scrutinize what your elected officials, and those who fund their campaigns, are proposing to do in your county over the next 25 years."

At least part of the answer to EOW's question of how they plan on getting that $1.8 billion is in a second Taylor Press article "County backs car fee," also by Philip Jankowski.
http://taylordailypress.net/articles/2009/03/25/news/news02.txt

The Williamson County commissioners have asked to join the Central Texas transportation taxing authority that would be authorized by Senate Bill 855 by Sen. Carona. This bill has just been approved by the Transportation & Homeland Security Committee and is headed for the full Senate. The county could pay for new transportation projects by additional taxes on gas or auto registration fees.

"Here’s EOW’s take on the Carona’s plan, Enough of the half-measures and tinkering. In essence what the WCCC is doing is allowing a consultant to come up with this grandiose 25 year plan for transportation, and attempting to use fear and scare tactics, to trick county residents into voting for tax and fee, same as taxes, increases to pay for it."

There still seems to be a contradiction that will have to be worked out. At the same time that the wilco commissioners have voted to join the new taxing entity, the district's own Sen. Ogden has placed language in Sen. Carona's bill that exludes Williamson Co. from such a taxing entity. We'll follow this as it develops.

Carona's rail bill allocates scarce funds to an effort that is unworkable--at least in the Austin area

The Houston Chronicle editorializes in favor of pouring scarce resources into the empty Rail Relocation Fund.

http://www.chron.com/disp/story.mpl/editorial/6317894.html

SB 383 filed by Sen. Carona, Dallas Republican, would take $200 million a year from the state sales tax on vehicle sales and rentals and put it into the Rail Relocation Fund. The bill was referred to the Finance Committee yesterday.

Companion bill HB 564 by Rep. McClendon was referred to Ways and Means today.

The Chronicle advocates using the funding in the Houston area to relocate freight rail out of neighborhoods and reduce at-grade crossings. This might make sense for Houston. Where the argument falls apart is where the editorial wants to "free up existing trackage for eventual use as commuter rail. The public funding would be accompanied by enhanced investment by the industry."

This argument has already been rejected out of hand by Union Pacific in the Austin area. UP has said it is satisfied with its existing routes and has no desire or need to move. Also, UP has said that if it is to even consider such relocation, it would put NO money into it. UP requires that public funding completely cover all costs of relocation, including a fully completed new route. In addition, UP has said that it will refuse this alternative if it in any way hurts its service to its customers. I assume that includes the many rock quarries that are convenient to UP's current route that parallels IH-35.

The Chronicle does admit that there may not be the budget for moving freight rail, but it hopes that some money can be found--from existing taxes that are already needed for highway funding. The railroads will not fund it, and the citizens of Texas don't have the money for such a huge undertaking.

Carona's integrated transportation approach--other methods over tolling

Patrick Driscoll, San Antonio Express News transportation writer, has a good analysis of Sen. John Carona's recent letter to legislators about his goals for this session's transportation issues, including an integrated transportation approach.

http://blogs.mysanantonio.com/weblogs/traffic/2009/02/state-senate-transportation-co.html


Driscoll says, "State Senate Transportation Committee Chairman John Carona, R-Dallas, sized up the Legislature's milieu of transportation options this session and has decided that toll roads and privatization suck mud."

Carona advocates stopping the diversion of the gas tax to other uses, which also was advocated by many on the Sunset Commission.

Another Carona goal is "scrub TxDOT and cut jobs." Given the recent reporting that outsourcing projects rather than having them performed by TxDOT employees costs taxpayers MORE money, this does not sound like a desirable goal.

Carona also wants to index the gas tax to inflation, which has been touted by other legislators trying to find a way to get more money to highway construction.

Carona wants to "issue all allowable debt, such as $5 billion in road bonds approved by voters in 2007." This is another goal that I would question, in conjunction with reducing TxDOT employees. If allowed, this money SHOULD go toward TxDOT-performed construction, which the recent report showed is more cost-effective for taxpayers, rather than going to road contractors who have evidently been either over-charging or wasting money or both.

The recent Statesman article on outsourcing reported that vast sums in the campaign to get voters to pass the $5 billion road bond measure were provided by the road contractors. Do NOT reward over-charging and mismanagement by giving them $5 billion more.

Carona hopes that the above "measures would also reduce reliance on, though not eliminate the need for, less efficient and unpopular:"

toll roads
private investments (public-private partnerships)
leasing toll roads to private firms

Carona would implement his preferred measures, but would not yet take the unpopular toll-related measures off the table, in case they are eventually needed.

Driscoll says that Carona points out "that the options weave together, each affecting the others. So it makes sense to integrate this session's transportation legislation."