http://www.texastribune.org/texas-transportation/trans-texas-corridor/tolling-texans-impact-trans-texas-corridor-lingers/
Showing posts with label Trans-Texas Corridor. Show all posts
Showing posts with label Trans-Texas Corridor. Show all posts
Friday, December 7, 2012
Texas Tribune publishes Trans-Texas Corridor recap
Aman Batheja of the Texas Tribune has written a recap of the Corridor fight and has described how its tolling component can affect Texas highways into the future.
http://www.texastribune.org/texas-transportation/trans-texas-corridor/tolling-texans-impact-trans-texas-corridor-lingers/
The accompanying photo was taken by Coupland resident Dawn Fischer of her daughter Libby and of Caleb Ging on the Ging farm--near ours. The article quotes me and also Ralph Snyder, who with his wife Marcia, fought the Corridor in the Holland (Bell County) area.
http://www.texastribune.org/texas-transportation/trans-texas-corridor/tolling-texans-impact-trans-texas-corridor-lingers/
Wednesday, January 18, 2012
Coupland resident on the Trans-Texas Corridor in New York Times
Caleb Ging and Libby Fischer with anti-Corridor cotton trailer. Photo by Libby's mother Dawn.
Even though the Trans-Texas Corridor has been officially removed from all Texas statutes, it still pops up in the news from time to time. It was the subject of a December New York Times article that quoted Coupland resident Scott Ging and included a photo of the cotton trailer with anti-Corridor signs that Scott placed on his family’s farm on Hwy. 95 in 2007. Back at that time, ACRE distributed a news release with photos to area newspapers and received some coverage.
The New York Times article says, “Unveiled by Mr. Perry in early 2002, the public-private transit project was intended as a centerpiece of his governorship . . . 4,000 miles of road, rail and utility corridors each as wide as four football fields. . . . Can you imagine a farmer sitting on his ranch thinking of a 1,200-foot-wide corridor hacked through the middle of it?”
The article continues, “Scott Ging sat on his century-old family ranch in Williamson County and thought about just that. He imagined the corridor splitting his land, with no crossings ‘and for no good reason.’”
Scott said, “Traffic is not that bad in Texas; if we have to wait 10 or 15 seconds to get on the highway, that’s a traffic jam. The idea that they would take our land and give it to somebody else to make a profit on it — I don’t know how Perry thought that would ever fly.”
Even though the Trans-Texas Corridor has been officially removed from all Texas statutes, it still pops up in the news from time to time. It was the subject of a December New York Times article that quoted Coupland resident Scott Ging and included a photo of the cotton trailer with anti-Corridor signs that Scott placed on his family’s farm on Hwy. 95 in 2007. Back at that time, ACRE distributed a news release with photos to area newspapers and received some coverage.
The New York Times article says, “Unveiled by Mr. Perry in early 2002, the public-private transit project was intended as a centerpiece of his governorship . . . 4,000 miles of road, rail and utility corridors each as wide as four football fields. . . . Can you imagine a farmer sitting on his ranch thinking of a 1,200-foot-wide corridor hacked through the middle of it?”
The article continues, “Scott Ging sat on his century-old family ranch in Williamson County and thought about just that. He imagined the corridor splitting his land, with no crossings ‘and for no good reason.’”
Scott said, “Traffic is not that bad in Texas; if we have to wait 10 or 15 seconds to get on the highway, that’s a traffic jam. The idea that they would take our land and give it to somebody else to make a profit on it — I don’t know how Perry thought that would ever fly.”
Monday, August 15, 2011
Perry's Trans-Texas Corridor: Will it continue to be an issue?
Paul Burka has an interesting post asking if Gov. Perry will flip-flop on the Trans-Texas Corridor.
http://www.texasmonthly.com/blogs/burkablog/?p=11103
Burka writes, "Like gay marriage and parental rights, the taking of private property by government is a huge issue with Republican voters. As originally conceived by Ric Williamson, and enthusiastically supported by Perry, the Corridor was a series of toll roads, each with a footprint a quarter of a mile wide, condemning millions of acres of pristine countryside, that would be built and controlled by Cintra, a foreign corporation. The right-of-way would include power lines, pipelines, and high-speed rail lines."
He also notes that some elements of the Corridor are being built individually. "[H]e goofed when he bought into Williamson’s vision of a giant network of toll roads (many of which are being built as I write.)"
See Burka's post and the comments for an update of the Corridor that never quite goes away.
http://www.texasmonthly.com/blogs/burkablog/?p=11103
Burka writes, "Like gay marriage and parental rights, the taking of private property by government is a huge issue with Republican voters. As originally conceived by Ric Williamson, and enthusiastically supported by Perry, the Corridor was a series of toll roads, each with a footprint a quarter of a mile wide, condemning millions of acres of pristine countryside, that would be built and controlled by Cintra, a foreign corporation. The right-of-way would include power lines, pipelines, and high-speed rail lines."
He also notes that some elements of the Corridor are being built individually. "[H]e goofed when he bought into Williamson’s vision of a giant network of toll roads (many of which are being built as I write.)"
See Burka's post and the comments for an update of the Corridor that never quite goes away.
Friday, July 1, 2011
HB 1201 to totally repeal TTC becomes law
A bill to totally remove the authority to create the Trans-Texas Corridor (TTC) finally passed in the last regular session of the Legislature and was signed by the governor. HB 1201 was authored by Republican Representative Lois Kolkhorst, a long-time opponent of the TTC. The bill was described as “Relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor.”
HB 1201 was passed by the House and Senate in May, was signed by the governor on June 17, and was effective immediately. During the years of attempts to implement the Corridor, the Coupland area was threatened by plans for the Corridor route. Now, Gov. Perry, who created the TTC and described it as his “vision,” has signed the bill to completely take all references to it out of Texas statutes. If proponents ever want to revive the TTC, they will have to start from scratch; they will not be able to use existing authority.
HB 1201 was passed by the House and Senate in May, was signed by the governor on June 17, and was effective immediately. During the years of attempts to implement the Corridor, the Coupland area was threatened by plans for the Corridor route. Now, Gov. Perry, who created the TTC and described it as his “vision,” has signed the bill to completely take all references to it out of Texas statutes. If proponents ever want to revive the TTC, they will have to start from scratch; they will not be able to use existing authority.
Saturday, April 9, 2011
HB 1201 to remove TTC from all statutes moves to Senate
As reported in the San Antonio Express-News by Gary Scharrer http://blog.mysanantonio.com/texas-politics/2011/04/house-moves-to-kill-the-dead-trans-texas-corridor/ "House moves to kill the dead Trans Texas Corridor" HB 1201 by Lois Kolkhorst has passed the House and moves on to the Senate. HB 1201 will remove all references to the Trans-Texas Corridor in state statutes. Scharrer notes, "The Texas Trans Corridor remains a controversial legacy of Gov. Rick Perry. Widespread opposition by landowners and others upset about foreign ownership of state highways doomed the massive project that was authorized in 2003. Perry pushed the plan, which included a large network of tolled highways, dedicated lanes for trucks, railways, and rights of way for utilities." Rep. Lois Kolkhorst, R-Brenham, said, “As our state grows in population, we are facing a pressing need for a more modern, more efficient network of roads and highways to move people and goods. We do not, however, need the Trans-Texas Corridor, and I thank Speaker (Joe) Straus and my colleagues in the Texas House for working with me to repeal the Trans-Texas Corridor from state law.” “So today is a true milestone. With Trans-Texas Corridor completely repealed, I look forward to more responsible transportation debates to keep goods and people moving in and around Texas,” Kolkhorst said. Rep. Linda Harper-Brown, R-Irving, co-author of the legislation, said: ”The Trans-Texas Corridor was too unwieldy, too expensive, and would have taken too much private property."
Tuesday, March 29, 2011
Totally wiping the Trans-Texas Corridor off the books
Two bills calling for absolutely repealing the statutory authority to establish the Trans-Texas Corridor are making their way through this session of the Legislature. The Senate Bill 565 by Hegar is scheduled for a public hearing on March 31. House Bill 1201 by Representative Lois Kolkhorst has already been reported favorably out of committee and sent to Calendars. Hopefully, good opportunities to remove the Trans-Texas Corridor from Texas statute once and for all!
Wednesday, September 1, 2010
New book on "the unfinished history" of the I-69 part of the Trans-Texas Corridor
Thanks to Martha Estes for letting us know about a newly released book that sounds very interesting. Matt Dellinger’s “Interstate 69: The Unfinished History of the Last Great American Highway” deals with the TTC-69 part of the Trans-Texas Corridor.
Publishers Weekly says that this book about “the controversial I-69 highway . . . makes for colorful, quirky reading.” As was true about the now-dead TTC-35, TTC-69 also will run from Canada to Mexico and is a NAFTA highway. Whereas TTC-35 was slated to run through Central Texas, TTC-69 is planned to go through East Texas through the Houston area and on to the Rio Grande. Dellinger discusses the many options in play, including “the controversial practice of allowing foreign companies to lease roads long-term and charge escalating tolls.”
In the Statesman, Ben Wear says, “Dellinger details the back-room origins of the now-dead Trans-Texas Corridor. . . . And the book makes indelible characters out of key players in that issue.”
Dellinger is on a national tour and will be at Austin’s Book People, 603 N. Lamar, on Friday, October 1, at 7 p.m. for reading, discussion, and signing.
Publishers Weekly says that this book about “the controversial I-69 highway . . . makes for colorful, quirky reading.” As was true about the now-dead TTC-35, TTC-69 also will run from Canada to Mexico and is a NAFTA highway. Whereas TTC-35 was slated to run through Central Texas, TTC-69 is planned to go through East Texas through the Houston area and on to the Rio Grande. Dellinger discusses the many options in play, including “the controversial practice of allowing foreign companies to lease roads long-term and charge escalating tolls.”
In the Statesman, Ben Wear says, “Dellinger details the back-room origins of the now-dead Trans-Texas Corridor. . . . And the book makes indelible characters out of key players in that issue.”
Dellinger is on a national tour and will be at Austin’s Book People, 603 N. Lamar, on Friday, October 1, at 7 p.m. for reading, discussion, and signing.
Friday, April 16, 2010
New toll road documentary "Truth Be Tolled" wins award
News from Bill Molina about his latest documentary . . . Bill’s original award-winning “Truth Be Tolled” movie that concentrated on the Trans-Texas Corridor was very informative and had a big influence in mobilizing state-wide opposition to the TTC. His latest edition, “Truth Be Tolled (281 Special Edition)” is about the proposed transformation of the free highway 281 in San Antonio to a tollway. This documentary, Bill reports, “has just been nominated for a 2010 REMI Award and is an Official Selection of the 43rd Annual WorldFest-Houston International Film and Video Festival.”
The premiere festival screening was April 13 in Houston. More info from Bill: “WorldFest (http://www.worldfest.org/) is one of the oldest and largest film & video competitions in the world, with more than 4,500 category entries received from 37 countries in 2009. So to win here is quite a significant honor. The Festival will screen just 55-60 feature films and 100 Short Film Premieres, with a complete and absolute emphasis on the American and International Independent feature films and with a continuing annual spotlight on an individual country and its films.”
For more information about the film: http://www.truthbetolled.com
The premiere festival screening was April 13 in Houston. More info from Bill: “WorldFest (http://www.worldfest.org/) is one of the oldest and largest film & video competitions in the world, with more than 4,500 category entries received from 37 countries in 2009. So to win here is quite a significant honor. The Festival will screen just 55-60 feature films and 100 Short Film Premieres, with a complete and absolute emphasis on the American and International Independent feature films and with a continuing annual spotlight on an individual country and its films.”
For more information about the film: http://www.truthbetolled.com
Thursday, March 25, 2010
Group demands complete withdrawal of Corridor DEIS
The Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC), which was instrumental in bringing the Trans-Texas Corridor in Central Texas (TTC-35) environmental process to a halt, has taken another step to completely kill the Corridor through Central Texas. The five mayors whose cities and respective school districts form the ECTSRPC have filed a petition with the Federal Highway Administration (FHA) demanding that the Draft Environmental Impact Statement (DEIS) that was filed by the Texas Department of Transportation (TxDOT) be withdrawn.
In the fall of 2009, TxDOT asked the FHA to issue a “no action” or “no build” decision on the DEIS. Holland Mayor Mae Smith, who is also president of the ECTSRPC, explains, “If the FHA issues a ‘no action’ record of decision on the environmental study as requested by TxDOT, the study remains available to use in the future should the governor change his mind and decide to build the TTC.”
According to information released by the ECTSRPC, “Technically, an environmental study can be reused unless it is completely withdrawn from consideration and discarded by the lead agency, which is the Federal Highway Administration.” The Texas Legislature has turned against the Corridor and did not reauthorize the method of financing it, but TxDOT’s power to create the Corridor is still in statute. Bills to remove the Corridor from statute did not make it through the last session of the Legislature.
To see the “Petition to Withdraw the DEIS,” go to www.stewards.us.
In the fall of 2009, TxDOT asked the FHA to issue a “no action” or “no build” decision on the DEIS. Holland Mayor Mae Smith, who is also president of the ECTSRPC, explains, “If the FHA issues a ‘no action’ record of decision on the environmental study as requested by TxDOT, the study remains available to use in the future should the governor change his mind and decide to build the TTC.”
According to information released by the ECTSRPC, “Technically, an environmental study can be reused unless it is completely withdrawn from consideration and discarded by the lead agency, which is the Federal Highway Administration.” The Texas Legislature has turned against the Corridor and did not reauthorize the method of financing it, but TxDOT’s power to create the Corridor is still in statute. Bills to remove the Corridor from statute did not make it through the last session of the Legislature.
To see the “Petition to Withdraw the DEIS,” go to www.stewards.us.
Friday, December 18, 2009
Gov. 39%--NOT so proud of the Corridor anymore
The Dallas Morning News covers the Trans-Texas Corridor being taken off Perry’s website in a political blog entry, “Rick Perry’s bio: Now you see it, now you don’t.”
http://trailblazersblog.dallasnews.com/archives/2009/12/somethings-missing-from-the-te.html#comments
Wayne Slater reports, “Something's missing from the Texas governor's official state website. Gone from Rick Perry's biography is any mention of the Trans-Texas Corridor, the beleaguered toll-road project the governor once touted as a crowning jewel accomplishment of his tenure in office. . . . The changes on the official state website come as Perry is stepping up his reelection campaign against rival Kay Bailey Hutchison.”
“Hutchison has been critical of Perry's Trans-Texas Corridor idea. Although popular with construction interests, the project ran afoul of landowners espousing property rights and other opponents of toll roads.”
Presumably, Perry’s team thinks “out-of-sight, out-of-mind”-- that rural residents and their allies will forget all about Perry’s attempt to pull off the largest land grab in Texas history for the benefit of his “construction interest” pals. I guess we’ll see in the Republican primary results if what was a core part of Perry’s base will forgive and forget or if enough of them will have a memory like an elephant and forsake Gov. 39%.
http://trailblazersblog.dallasnews.com/archives/2009/12/somethings-missing-from-the-te.html#comments
Wayne Slater reports, “Something's missing from the Texas governor's official state website. Gone from Rick Perry's biography is any mention of the Trans-Texas Corridor, the beleaguered toll-road project the governor once touted as a crowning jewel accomplishment of his tenure in office. . . . The changes on the official state website come as Perry is stepping up his reelection campaign against rival Kay Bailey Hutchison.”
“Hutchison has been critical of Perry's Trans-Texas Corridor idea. Although popular with construction interests, the project ran afoul of landowners espousing property rights and other opponents of toll roads.”
Presumably, Perry’s team thinks “out-of-sight, out-of-mind”-- that rural residents and their allies will forget all about Perry’s attempt to pull off the largest land grab in Texas history for the benefit of his “construction interest” pals. I guess we’ll see in the Republican primary results if what was a core part of Perry’s base will forgive and forget or if enough of them will have a memory like an elephant and forsake Gov. 39%.
Sunday, November 8, 2009
Prop 11 passes overwhelmingly--analysis from Corridor Watch
Thanks to Linda and David Stall for all their work against the Corridor for many years and for their recent analysis of the passage of Prop 11. As they point out, Prop 11, with more protection against eminent domain, passed by the largest margin of any proposition on the ballot, with a four to one margin. Over 80 percent of the voters were for Prop 11.
Corridor Watch says:
"This vote provides Texas property owners greater protection from the kind of eminent domain abuse opportunities created by the United States Supreme Court ruling in Kelo vs. City of New London. It makes it harder for the state to expand the number of entities that can exercise eminent domain power. It limits excessive use of eminent domain in the name of eliminating urban blight. And, most importantly it sends a strong message to the Governor and Legislature that Texans take private property rights very seriously.
"With Proposition 11 passed, additional protections are still required to fully protect private property rights. The legislature needs to revisit the kind of protections that would have been created under House Bill 2006 as introduced, overwhelmingly passed and vetoed by Governor Perry in 2007. Property owners deserve full and just compensation for property seized by the government. Property owners also deserve compensation for diminished access that results from the use of eminent domain.
"In vetoing HB-2006 in 2007 Governor Perry said that it would cost the state too much. We believe that seizing private property should be hard, should be expensive, and should only be used as the last resort.
"Projects like the Trans Texas Corridor (TTC) need to stand on their own merits and not on the state's ability to take land away from private owners at costs well below market value. And most importantly, state power should never be used to seize private property for the purpose of generating state revenue, whether it's by lease, sale, or toll concession.
"The TTC was always about generating revenue first and providing transportation second. Proposition 11 is another step forward in our effort to ensure that the threat on private property created by the TTC (no matter what new name it may be given) never returns."
Corridor Watch and other property rights advocates like the Texas Farm Bureau are ready to come back at the beginning of next session to try to get additional eminent domain protections. The passage of Prop 11 makes this job easier than it would have been if Prop 11 had not passed. If the voters had not passed Prop 11, it would have sent a message to our elected officials that the people were not really that interested in getting more protection against eminent domain.
Corridor Watch says:
"This vote provides Texas property owners greater protection from the kind of eminent domain abuse opportunities created by the United States Supreme Court ruling in Kelo vs. City of New London. It makes it harder for the state to expand the number of entities that can exercise eminent domain power. It limits excessive use of eminent domain in the name of eliminating urban blight. And, most importantly it sends a strong message to the Governor and Legislature that Texans take private property rights very seriously.
"With Proposition 11 passed, additional protections are still required to fully protect private property rights. The legislature needs to revisit the kind of protections that would have been created under House Bill 2006 as introduced, overwhelmingly passed and vetoed by Governor Perry in 2007. Property owners deserve full and just compensation for property seized by the government. Property owners also deserve compensation for diminished access that results from the use of eminent domain.
"In vetoing HB-2006 in 2007 Governor Perry said that it would cost the state too much. We believe that seizing private property should be hard, should be expensive, and should only be used as the last resort.
"Projects like the Trans Texas Corridor (TTC) need to stand on their own merits and not on the state's ability to take land away from private owners at costs well below market value. And most importantly, state power should never be used to seize private property for the purpose of generating state revenue, whether it's by lease, sale, or toll concession.
"The TTC was always about generating revenue first and providing transportation second. Proposition 11 is another step forward in our effort to ensure that the threat on private property created by the TTC (no matter what new name it may be given) never returns."
Corridor Watch and other property rights advocates like the Texas Farm Bureau are ready to come back at the beginning of next session to try to get additional eminent domain protections. The passage of Prop 11 makes this job easier than it would have been if Prop 11 had not passed. If the voters had not passed Prop 11, it would have sent a message to our elected officials that the people were not really that interested in getting more protection against eminent domain.
Tuesday, October 27, 2009
Texas Farm Bureau--FOR Prop. 11
Regan Beck, associate legislative director of the Texas Farm Bureau, spoke to the Coupland Civic Organization at their October 26 meeting. He covered the issues of interest to farmers, ranchers, and other rural residents during the last session of the Legislature.
Regarding trying to protect property rights, he called it “all in all, a good session, but not a great session.” The TFB’s efforts were partially successful against eminent domain. Regarding the Trans-Texas Corridor, he said, “We want to take it off the books. We were so close at the end of the session in getting this [and other things that were in HB 300, the TxDOT Sunset bill], but it fell through.”
He noted that HB 300 would have repealed the Trans-Texas Corridor. It also included diminished access protection in eminent domain actions. Since HB 300 failed to pass, the Legislature had to extend the existence of TxDOT during the special session and will have to deal with TxDOT’s Sunset process during the next regular session.
The good news—TFB is pleased with $30 million in aid that passed for rural Texans, including funds for boll weevil eradication, feral hog control, and repair for earthen flood control dams. [Ed Komandosky, secretary/treasurer of Brushy Creek Water Control and Improvement District, spoke to the last meeting of the Coupland Civic Organization about the funding and repair work on the dams in our area.]
Beck calls SB 18 “a great bill that included good faith negotiation to treat the landowner as fairly as possible, by negotiating in good faith upfront before the property is condemned.” SB 18 also included more disclosures for the property owner and a ten-year buy-back provision, whereby if the condemning entity did not use the property within ten years, the owner could buy it back for the same price he was paid for it. Unfortunately, SB 18 was one of the bills left unpassed when time ran out at the end of the session.
Much of the problems that property owners have with condemning entities are not even with governments, but with others who have been given the power of condemnation, such as pipeline companies. There was a provision that the comptroller would be notified of all entities that have power to condemn. Then, if an entity does not sign up with comptroller, it loses its condemnation power. Unfortunately, this was not passed.
Beck said, “HJR 14 was passed and is Proposition 11 on the ballot. We still need to do more on eminent domain, but Prop 11 helps.” When asked if the TFB was prepared to start early next session to get more eminent domain protections, he said yes. He noted that this last session, it took too long to get more protections through the Senate--too long to get some Senators on board--and then the legislation failed in the last-minute gridlock. In this coming session, Beck hopes that the Senators already will be prepared to support protections, so that legislation can move through faster.
Regarding trying to protect property rights, he called it “all in all, a good session, but not a great session.” The TFB’s efforts were partially successful against eminent domain. Regarding the Trans-Texas Corridor, he said, “We want to take it off the books. We were so close at the end of the session in getting this [and other things that were in HB 300, the TxDOT Sunset bill], but it fell through.”
He noted that HB 300 would have repealed the Trans-Texas Corridor. It also included diminished access protection in eminent domain actions. Since HB 300 failed to pass, the Legislature had to extend the existence of TxDOT during the special session and will have to deal with TxDOT’s Sunset process during the next regular session.
The good news—TFB is pleased with $30 million in aid that passed for rural Texans, including funds for boll weevil eradication, feral hog control, and repair for earthen flood control dams. [Ed Komandosky, secretary/treasurer of Brushy Creek Water Control and Improvement District, spoke to the last meeting of the Coupland Civic Organization about the funding and repair work on the dams in our area.]
Beck calls SB 18 “a great bill that included good faith negotiation to treat the landowner as fairly as possible, by negotiating in good faith upfront before the property is condemned.” SB 18 also included more disclosures for the property owner and a ten-year buy-back provision, whereby if the condemning entity did not use the property within ten years, the owner could buy it back for the same price he was paid for it. Unfortunately, SB 18 was one of the bills left unpassed when time ran out at the end of the session.
Much of the problems that property owners have with condemning entities are not even with governments, but with others who have been given the power of condemnation, such as pipeline companies. There was a provision that the comptroller would be notified of all entities that have power to condemn. Then, if an entity does not sign up with comptroller, it loses its condemnation power. Unfortunately, this was not passed.
Beck said, “HJR 14 was passed and is Proposition 11 on the ballot. We still need to do more on eminent domain, but Prop 11 helps.” When asked if the TFB was prepared to start early next session to get more eminent domain protections, he said yes. He noted that this last session, it took too long to get more protections through the Senate--too long to get some Senators on board--and then the legislation failed in the last-minute gridlock. In this coming session, Beck hopes that the Senators already will be prepared to support protections, so that legislation can move through faster.
Friday, October 9, 2009
Corridor--especially TTC-35--continues to be killed
MORE BLOWS AGAINST THE CORRIDOR
This week, more of the building blocks enabling the Trans-Texas Corridor, specifically TTC-35, have been destroyed. Previously, in the special session, legislators killed the funding mechanism for the Corridor—the Comprehensive Development Agreements (CDA) with private companies. Also earlier this year, TxDOT announced it would not proceed with the overall Corridor plan and would consider it segment by segment. Now, TTC-35 has been terminated in two different ways.
CINTRA/ZACHRY CONTRACT CANCELED
First, TxDOT has canceled the contract with Cintra, the Spanish corporation, and its partner Zachry to build TTC-35. Cintra/Zachry had a CDA with TxDOT to plan and build TTC-35. In the special session, the overall CDA process was done away with, and now Cintra’s specific CDA has been canceled. Cintra has produced a plan, has been paid millions for planning, and may be paid more millions for the state to extricate itself from the complicated contracts negotiated by Giuliani Bracewell (the law firm of Perry pal Rudy Giuliani). However, Cintra will not do any building on TTC-35 except for the two southern segments of SH 130 that are underway and which will now be considered SH 130, not part of TTC-35.
NO-BUILD OPTION/NO ACTION ALTERNATIVE
Secondly, the environmental process on TTC-35 ends with a recommendation by TxDOT to the Federal Highway Administration to do nothing—called the “no-build option” or the “no action alternative.”
TxDOT, using taxpayer funds, spent years of time and energy and millions of dollars on TTC-35, reportedly $131 million for planning and environmental work. In addition to all of this wasted effort and money on the part of TxDOT, there are the untold volunteer hours, contributions, and worry on the part of residents in the threatened areas and supporters around the state.
The Draft Environmental Impact Statement (EIS), the 4,000-page document showing a general TTC-35 route, was released in 2006, and the Final EIS was scheduled to be released in 2007. TxDOT officials said that the decision not to build TTC-35 was in response to comments from citizens received during the environmental process. Of course, during the entire TTC-35 ordeal, TxDOT has not cared at all about citizens’ opinions.
WHAT REALLY KILLED TTC-35--
COMMUNITY AND POLITICAL PRESSURE IN THE LEGISLATURE
Even though citizen comments per se did not affect TxDOT, it was important that tens of thousands of residents attended the various levels of meetings and hearings, spoke against TTC-35, signed petitions, and submitted written comments. This effort formed the foundation of community organizations working against the Corridor and the process of influencing legislators and electing new legislators.
This, in turn, resulted in the legislature gradually turning against the Corridor and eliminating the Comprehensive Development Agreement tool.
EASTERN CENTRAL TEXAS SUB-REGIONAL PLANNING COMMISSION (ECTSRPC)
The reason that TxDOT and the Federal Highway Administration finally had no way to continue with the TTC-35 EIS was the action of the ECTSRPC in Bell and Milam counties. Five small towns and their associated school districts formed their Sub-Regional Planning Commission, and by state law, TxDOT was compelled to “coordinate” with their Commission. This meant that TxDOT had to take into account what the ECTSRPC citizens wanted and cover all required issues in the EIS process. TxDOT had not done this, meaning that the EIS was not legal and could not be recognized as legal by the Federal Highway Administration.
The ECTSRPC announced: “Selecting that option [no build] was exactly what the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) forced TxDOT into choosing. . . . The planning commission began a series of what is called coordination meetings in the fall of 2007, by utilizing a little known state statute that forced the behemoth agency to come to Holland, Texas. . . . TxDOT came to Holland on three different occasions where they were asked to explain why they were going to destroy five towns and their school districts with a 1,200 foot-wide, 146 acre per mile toll road.
“‘Through coordination, we forced them to our table and then we used the federal NEPA (National Environmental Policy Act) statute to box them in a legal corner out of which they could not escape,’ stated Ralph Snyder, a local Holland businessman and board member of the ECTSRPC. ‘That's what forced TxDOT to recommend 'No Build' to the Federal Highway Administration because we had shown how TxDOT, as the agent of the federal government, had violated the federal statute in at least 29 ways,’ Snyder continued.
“Fred Grant, president of American Stewards of Liberty, is the originator of the coordination strategy that brought TxDOT to their knees.”
FUTURE OF TTC-35 AND THE CORRIDOR CONCEPT
Some more time and paperwork is required to complete the TTC-35 EIS process, at the end of which the Federal Highway Administration will issue its Record of Decision approving the “No Action Alternative.” This is what so many of us asked in our comments, never thinking it would actually happen--it hardly ever happens--but now it is the final result!
Even though the Legislature has gradually turned against the Corridor concept, the legislation enabling it is still on the books. In addition, the Trans-Texas Corridor began as Gov. Perry’s “vision,” and he has never renounced it. We have to remain vigilant as long as the Corridor statute has not been repealed, and as long as Perry or anyone else who supports the concept is in the governor’s office.
This week, more of the building blocks enabling the Trans-Texas Corridor, specifically TTC-35, have been destroyed. Previously, in the special session, legislators killed the funding mechanism for the Corridor—the Comprehensive Development Agreements (CDA) with private companies. Also earlier this year, TxDOT announced it would not proceed with the overall Corridor plan and would consider it segment by segment. Now, TTC-35 has been terminated in two different ways.
CINTRA/ZACHRY CONTRACT CANCELED
First, TxDOT has canceled the contract with Cintra, the Spanish corporation, and its partner Zachry to build TTC-35. Cintra/Zachry had a CDA with TxDOT to plan and build TTC-35. In the special session, the overall CDA process was done away with, and now Cintra’s specific CDA has been canceled. Cintra has produced a plan, has been paid millions for planning, and may be paid more millions for the state to extricate itself from the complicated contracts negotiated by Giuliani Bracewell (the law firm of Perry pal Rudy Giuliani). However, Cintra will not do any building on TTC-35 except for the two southern segments of SH 130 that are underway and which will now be considered SH 130, not part of TTC-35.
NO-BUILD OPTION/NO ACTION ALTERNATIVE
Secondly, the environmental process on TTC-35 ends with a recommendation by TxDOT to the Federal Highway Administration to do nothing—called the “no-build option” or the “no action alternative.”
TxDOT, using taxpayer funds, spent years of time and energy and millions of dollars on TTC-35, reportedly $131 million for planning and environmental work. In addition to all of this wasted effort and money on the part of TxDOT, there are the untold volunteer hours, contributions, and worry on the part of residents in the threatened areas and supporters around the state.
The Draft Environmental Impact Statement (EIS), the 4,000-page document showing a general TTC-35 route, was released in 2006, and the Final EIS was scheduled to be released in 2007. TxDOT officials said that the decision not to build TTC-35 was in response to comments from citizens received during the environmental process. Of course, during the entire TTC-35 ordeal, TxDOT has not cared at all about citizens’ opinions.
WHAT REALLY KILLED TTC-35--
COMMUNITY AND POLITICAL PRESSURE IN THE LEGISLATURE
Even though citizen comments per se did not affect TxDOT, it was important that tens of thousands of residents attended the various levels of meetings and hearings, spoke against TTC-35, signed petitions, and submitted written comments. This effort formed the foundation of community organizations working against the Corridor and the process of influencing legislators and electing new legislators.
This, in turn, resulted in the legislature gradually turning against the Corridor and eliminating the Comprehensive Development Agreement tool.
EASTERN CENTRAL TEXAS SUB-REGIONAL PLANNING COMMISSION (ECTSRPC)
The reason that TxDOT and the Federal Highway Administration finally had no way to continue with the TTC-35 EIS was the action of the ECTSRPC in Bell and Milam counties. Five small towns and their associated school districts formed their Sub-Regional Planning Commission, and by state law, TxDOT was compelled to “coordinate” with their Commission. This meant that TxDOT had to take into account what the ECTSRPC citizens wanted and cover all required issues in the EIS process. TxDOT had not done this, meaning that the EIS was not legal and could not be recognized as legal by the Federal Highway Administration.
The ECTSRPC announced: “Selecting that option [no build] was exactly what the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) forced TxDOT into choosing. . . . The planning commission began a series of what is called coordination meetings in the fall of 2007, by utilizing a little known state statute that forced the behemoth agency to come to Holland, Texas. . . . TxDOT came to Holland on three different occasions where they were asked to explain why they were going to destroy five towns and their school districts with a 1,200 foot-wide, 146 acre per mile toll road.
“‘Through coordination, we forced them to our table and then we used the federal NEPA (National Environmental Policy Act) statute to box them in a legal corner out of which they could not escape,’ stated Ralph Snyder, a local Holland businessman and board member of the ECTSRPC. ‘That's what forced TxDOT to recommend 'No Build' to the Federal Highway Administration because we had shown how TxDOT, as the agent of the federal government, had violated the federal statute in at least 29 ways,’ Snyder continued.
“Fred Grant, president of American Stewards of Liberty, is the originator of the coordination strategy that brought TxDOT to their knees.”
FUTURE OF TTC-35 AND THE CORRIDOR CONCEPT
Some more time and paperwork is required to complete the TTC-35 EIS process, at the end of which the Federal Highway Administration will issue its Record of Decision approving the “No Action Alternative.” This is what so many of us asked in our comments, never thinking it would actually happen--it hardly ever happens--but now it is the final result!
Even though the Legislature has gradually turned against the Corridor concept, the legislation enabling it is still on the books. In addition, the Trans-Texas Corridor began as Gov. Perry’s “vision,” and he has never renounced it. We have to remain vigilant as long as the Corridor statute has not been repealed, and as long as Perry or anyone else who supports the concept is in the governor’s office.
Monday, August 17, 2009
Hutchison denounces the Corridor in her kick-off speech
The Trans-Texas Corridor was denounced by Kay Bailey Hutchison in her campaign kick-off speech today.
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2009/08/17/hutchison_hits_perry_hard_in_k.html
She criticized TxDOT, calling it:
“'the most arrogant, unaccountable state agency in the history of Texas,' saying she wants to expand it to represent more regions of the state. A proposal to do just that died in the Legislature this year."
She said that she would kill the Corridor:
“Then there’s the Trans-Texas Corridor. The biggest land grab in the history of Texas. And the governor wanted to turn it over to a foreign company to build toll roads. Well, they can call it the Trans-Texas Corridor. Or they can call it something different. But here’s what I will call it when I take the oath of office: dead, buried, history.”
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2009/08/17/hutchison_hits_perry_hard_in_k.html
She criticized TxDOT, calling it:
“'the most arrogant, unaccountable state agency in the history of Texas,' saying she wants to expand it to represent more regions of the state. A proposal to do just that died in the Legislature this year."
She said that she would kill the Corridor:
“Then there’s the Trans-Texas Corridor. The biggest land grab in the history of Texas. And the governor wanted to turn it over to a foreign company to build toll roads. Well, they can call it the Trans-Texas Corridor. Or they can call it something different. But here’s what I will call it when I take the oath of office: dead, buried, history.”
Tuesday, August 11, 2009
Hutchison makes Trans-Texas Corridor an issue in gubernatorial race
Thanks to Martha Estes for alerting us to the Trans-Texas Corridor popping up in the Perry-Hutchison race. As explained in the Dallas Morning News transportation blog
http://transportationblog.dallasnews.com/archives/2009/08/hutchison-jabs-perry-again-ove.html
KBH has started a Corridor clock running on one of her websites.
http://texans.forkay.com/pages/clock
"Hutchison's campaign team is betting that it [the TTC] will be an issue. They've been sending out messages in the past couple days highlighting what they say is Perry's stubborn support for his Trans Texas Corridor idea.
"Apparently, the Governor hasn't sufficiently disavowed the program. . . .
Still, the Legislature left town this year without extending the state's authority to make private contracts for toll roads. Without the ability to partner with private companies to build and operate toll roads, the TTC -- whatever it is called -- is as worthless as last year's bets on the Derby. Right?
"Where Hutchison's team is on firmer footing is in questioning whether Perry has ever truly disavowed the TTC. He never has. He bowed to the political reality that it wouldn't fly, but he has never apologized or retreated from his position that it was a good idea.
"What he has done . . . is say that he and TxDOT made mistakes in the way they presented the idea, essentially scaring the holy business out of farmers and ranchers who saw on the early corridor maps huge expanses of lands subject to eminent domain.
"[I]t is exactly those folks -- the landowners, and not so much the toll road opponents -- that team Hutchison is attempting to reach with its latest barrage of thrusts at Perry and the Trans Texas Corridor.
"Will transportation play a big role in your vote for governor next year? If so, are you sufficiently mad about tolls to hold Perry accountable?
"[H]ere is the gist of the Hutchison attack on Perry, from campaign spokesman Jeff Sadosky:
'Texans deserve a straight yes or no from Rick Perry on whether he still supports his controversial Trans-Texas Corridor plan to confiscate nearly 600,000 acres of land. His refusal to say is just another attempt by Rick Perry to cover-up his record of doing what's right for himself but wrong for Texas.'"
http://transportationblog.dallasnews.com/archives/2009/08/hutchison-jabs-perry-again-ove.html
KBH has started a Corridor clock running on one of her websites.
http://texans.forkay.com/pages/clock
"Hutchison's campaign team is betting that it [the TTC] will be an issue. They've been sending out messages in the past couple days highlighting what they say is Perry's stubborn support for his Trans Texas Corridor idea.
"Apparently, the Governor hasn't sufficiently disavowed the program. . . .
Still, the Legislature left town this year without extending the state's authority to make private contracts for toll roads. Without the ability to partner with private companies to build and operate toll roads, the TTC -- whatever it is called -- is as worthless as last year's bets on the Derby. Right?
"Where Hutchison's team is on firmer footing is in questioning whether Perry has ever truly disavowed the TTC. He never has. He bowed to the political reality that it wouldn't fly, but he has never apologized or retreated from his position that it was a good idea.
"What he has done . . . is say that he and TxDOT made mistakes in the way they presented the idea, essentially scaring the holy business out of farmers and ranchers who saw on the early corridor maps huge expanses of lands subject to eminent domain.
"[I]t is exactly those folks -- the landowners, and not so much the toll road opponents -- that team Hutchison is attempting to reach with its latest barrage of thrusts at Perry and the Trans Texas Corridor.
"Will transportation play a big role in your vote for governor next year? If so, are you sufficiently mad about tolls to hold Perry accountable?
"[H]ere is the gist of the Hutchison attack on Perry, from campaign spokesman Jeff Sadosky:
'Texans deserve a straight yes or no from Rick Perry on whether he still supports his controversial Trans-Texas Corridor plan to confiscate nearly 600,000 acres of land. His refusal to say is just another attempt by Rick Perry to cover-up his record of doing what's right for himself but wrong for Texas.'"
Thursday, July 2, 2009
CDA Corridor funding mechanism killed by the Lege
Today the mechanism that would have funded the Trans-Texas Corridor was not renewed by the Legislature. Gov. Perry had asked legislators to pass three things during the special session: (1) continuing the existence of a few state agencies including TxDOT until the 2011 session; (2) allowing the state to issue $2 billion in transportation bonds; and (3) extending the ability to fund toll roads through comprehensive development agreements (CDA’s) by public-private partnerships (PPP’s).
CDA’s to die on August 31
The House and Senate passed the bill to keep TxDOT alive until they can consider reforms in the 2011 session, and they allowed the $2 billion in transportation bonds. They did NOT extend the CDA’s, and the authority to do CDA’s will expire August 31.
TURF says, “Taxpayers want Perry’s controversial and virtually universally detested road privatization schemes to die a natural death August 31 as scheduled, which will also KILL the mechanism to build the Trans-Texas Corridor.”
Why did Perry try for CDA’s in the special session?
Texas Monthly’s Paul Burka says, “The governor’s fight for more toll roads and more Comprehensive Development Agreements makes no sense politically. It puts the spotlight directly on his most controversial policy.”
Since renewing the CDA’s was in trouble from the beginning in the Legislature, why did Perry include CDA’s as part of the call for the special session? What was in it for him to put CDA’s up to the legislators, only to be swatted down? Was it to show his major construction contributors that he was doing his best for them, and he couldn’t help it if the recalcitrant legislators wouldn’t go along?
Is Krusee STILL TALKING?
The Statesman’s Ben Wear says, “For supporters of such contracts, which were touted earlier this decade as a way to bring in large upfront payments to TxDOT from private companies, the issue is not so much the next two years. Rather, if the existing authority in state law expires, reviving it may be politically impossible.”
He quotes our erstwhile representative Mike Krusee: "It means the potential loss of billions of dollars for road construction." It was Krusee’s legislation in the 2003 session that made the CDA’s legal, among other things,that started off the entire Trans-Texas Corridor fiasco, causing so many people to spend so much time and energy trying to save rural Texas from being paved over. Thanks, Mike! Can you stop talking now that the Corridor funding method is dead?
CDA’s to die on August 31
The House and Senate passed the bill to keep TxDOT alive until they can consider reforms in the 2011 session, and they allowed the $2 billion in transportation bonds. They did NOT extend the CDA’s, and the authority to do CDA’s will expire August 31.
TURF says, “Taxpayers want Perry’s controversial and virtually universally detested road privatization schemes to die a natural death August 31 as scheduled, which will also KILL the mechanism to build the Trans-Texas Corridor.”
Why did Perry try for CDA’s in the special session?
Texas Monthly’s Paul Burka says, “The governor’s fight for more toll roads and more Comprehensive Development Agreements makes no sense politically. It puts the spotlight directly on his most controversial policy.”
Since renewing the CDA’s was in trouble from the beginning in the Legislature, why did Perry include CDA’s as part of the call for the special session? What was in it for him to put CDA’s up to the legislators, only to be swatted down? Was it to show his major construction contributors that he was doing his best for them, and he couldn’t help it if the recalcitrant legislators wouldn’t go along?
Is Krusee STILL TALKING?
The Statesman’s Ben Wear says, “For supporters of such contracts, which were touted earlier this decade as a way to bring in large upfront payments to TxDOT from private companies, the issue is not so much the next two years. Rather, if the existing authority in state law expires, reviving it may be politically impossible.”
He quotes our erstwhile representative Mike Krusee: "It means the potential loss of billions of dollars for road construction." It was Krusee’s legislation in the 2003 session that made the CDA’s legal, among other things,that started off the entire Trans-Texas Corridor fiasco, causing so many people to spend so much time and energy trying to save rural Texas from being paved over. Thanks, Mike! Can you stop talking now that the Corridor funding method is dead?
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.
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.
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.
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.
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.
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.
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.
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