ACTON ALERT: TELL LEGISLATURE TO PASS Tx H.B. 15

BILL ANALYSIS (Texas) H.B. 15

By: Leibowitz

Transportation Committee Report (Unamended)

BACKGROUND AND PURPOSE

A metropolitan planning organization (MPO) is an agency created under federal law to provide local input for urban transportation planning and allocating federal transportation funds in cities with a population greater than 50,000. There are twenty-five MPOs in Texas. The largest is the Dallas-Fort Worth MPO and the smallest is the Sherman-Denison MPO. Each MPO receives federal funding for transportation planning. Many receive state andocal funds as well in order to carry out their planning activities.

Transportation planning decisions are made by the policy board of an MPO. This can be as benign as the planning of bike routes in an urban area or as controversial as the construction of toll roads. The policy board of an MPO can be made up of a mix of elected and non-elected officials. Currently, unelected officials, some not even permanent residents of the urban area affected by the MPO they sit on, cast votes on approving the construction of toll roads. Unelected officials who are not accountable to voters should not be allowed to essentially levy a tax on the citizens of a community.

H.B. 15 allows only the elected officials on an MPO policy board to vote on toll road projects.

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS:
H.B. 15 amends the Transportation Code to prohibit a member of the policy board of a metropolitan planning organization from participating in a vote of the board to approve the construction of a new toll project or the conversion of a nontolled project to a toll project unless the member is an elected official.

H.B. 15 provides for the prohibition to take effect, either as an amendment to Chapter 371, Transportation Code, as added by Chapter 103 (H.B. 570), Acts of the 80th Legislature, Regular Session, 2007, or as an amendment to Chapter 372, Transportation Code, as redesignated by and contingent on passage of the Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in existing codes.

EFFECTIVE DATE: September 1, 2009.

Source: Texas Legislature On Line

NOTE FROM FAITH CHATHAM: 12:27 P.M. May 14, 2009
Rep. Frost's aide says this bill was on yesterday's House Calendar for the second reading and was not voted on. It is late in the session and it appears that it is too late for this bill to be passed. Texans will continue to have non elected persons sit on Metropolitan Planning Organization, deciding what roads will and will not be planned, built and funded!

Legislative Alerts: Senate Bills Scheduled for Consideration May 4

By Martha Estes - May 3, 2009
SENATE

Mon. May 4th @ 11am in SENATE Chamber
Postponed Business:
SB 18 (CS) Estes/ et al.

Relating to the use of eminent domain authority. Co-authors: Carona, Deuell, Eltife, Harris, Hegar, Hinojosa, Mike Jackson, Dan Patrick, Seliger, Shapiro, Uresti, Van de Putte, West, Williams, Zaffirini
Analysis (as filed): http://www.legis.state.tx.us/tlodocs/81R/analysis/html/SB00018I.htm

Currently, the Fifth Amendment to the United States Constitution prohibits the taking of private property for public use without just compensation, commonly referred to as the "takings clause." Section 17, Article I, Texas Constitution, prohibits a person's property from being taken, damaged, or destroyed without consent for public use without adequate compensation.

As proposed, S.B. 18 modifies the process governing eminent domain proceedings, standards of evidence that could be considered by a court in the course of making decisions regarding damages, obligations placed upon condemning entities, and the rights of previous owners to repurchase taken property. S.B. 18 authorizes special commissioners to take into account any evidence that a property owner would consider in a negotiated transaction outside the standards set forth in the chapter. This bill modifies the price at which previous owners could repurchase condemned property on which a public use was cancelled within 10 years of the acquisitions to be the price paid to the owner by the governmental entity at the time the property originally was acquired, rather than the fair market value of the property at the time the public use was canceled. S.B. 18 requires a governmental entity, for each property or group of jointly owned contiguous properties to be condemned, to formally authorize by motion the initiation of condemnation proceedings at a public hearing by a record vote by adding the Truth in Condemnation Procedures Act. S.B. 18 requires the comptroller of public accounts to identify all entities public and private, with eminent domain authority and make recommendations to the legislature regarding that authority.

Second Reading:

SB 1282 Williams
Caption: Relating to the powers of certain freight rail districts

SB 1283 Williams
Caption: Relating to the supervision by the TxDOT of money appropriated by the federal government for the construction and maintenance of rail facilities

SB 1923 Watson
Caption: Relating to funding sources for the Texas rail relocation and improvement fund

SB 612 (LC) Shapleigh
Caption: Relating to the powers and duties of the TxDOT related to rail facilities

SB 1570 (LC) Carona Caption: Relating to the facilitation, analysis, and implementation of high-speed passenger rail in this state.

SB 1382 (LC) Carona Relating to the coordination of the planning, construction, operation, and maintenance of a statewide passenger rail system by the TxDOT

SB 2096 (CS) (LC) Wentworth
Caption: Relating to the creation of and the powers of a comprehensive multimodal urban transportation authority, including the power to impose taxes, issue bonds, and exercise limited eminent domain authority

SB 1351 (CS) (LC) Carona
Caption: Relating to the terms of the members of the Texas Transportation Commission (2 years)

SB 505 (CS) Ogden Caption: Relating to authorizing the designation of an area adjacent to a state highway project as a transportation finance zone and requiring that the revenue from the state sales and use taxes imposed in the zone be used to pay obligations issued in connection with the project.

ACTION ALERT: TX Trans. Commission WORKSHOP Online (Wed) afternoon at 1:30

By Martha Estes - Feb. 25, 2009
Texas Transportation Commission Workshop (Wed) afternoon Feb. 25 at 1:30.
Fourth on Agenda:
2b. Discussion of the Department's plans for the use of Texas' portion of the American Recovery and Reinvestment Act for transportation related activities.
On February 17, 2009, President Obama signed legislation enacting the American Recovery and Reinvestment Act which created an economic stimulus package aimed at bolstering the economy through activities that will create new jobs. One element of this package provides investment in transportation infrastructure projects. TxDOT is working with the Texas Division of the Federal Highway Administration and Texas' metropolitan planning organizations, tolling authorities and transit providers to develop a list of potential projects that would qualify for funding from the stimulus package. This discussion item will allow the commission to discuss the activities TxDOT and our partners have taken thus far and the planned approach we will take to select projects from across the state to recommend to the commission for funding from the program.

Live streaming Video of the Workshop discussion

Action Alert: Stimulus money should not be used for toll roads and bridges

By Faith Chatham - DFWRCC - Feb. 25, 2009
Lack of funding was the basis used for planning state and federal roads and bridges as toll roads. The Federal Stimulus funding targets infrastructure. Those projects which are planned are most likely to be funded through Stimulus funds. Texas Legislators, US Senators and Congress persons, the Governor and Lt. Governor and President Obama need to hear from you. Let them understand that STIMULUS MONEY SHOULD NOT BE USED ON TOLL PROJECTS OR PRIVATE PUBLIC PARTNERSHIP HIGHWAY PROJECTS.

If we do not speak out now, we'll pay gas tax, pay tolls and pay back the stimulus money. We'll face TRIPLE TAXATION if we don't demand that project planned as toll projects be revised to non toll roads and bridges.

Please take this opportunity to demand what is best for you, your neighbors, and future generations.

NCTCOG Public Meetings Scheduled in September

The Regional Transportation Council of the North Central Texas Council of Governments invites the public to learn what is happening with transportation in the region and help set priorities for the future.

PUBLIC MEETINGS
Monday, Sept. 8, 2008 -- 6:30 p.m.
W.O. Haggard Jr. Library
2501 Coit Road
Plano, Texas 75075

Tuesday, Sept. 9, 2008 -- 10 a.m.
NCTCOG
Transportation Council Room
616 Six Flags Drive
Arlington, Texas 76011

Tuesday, Sept. 9, 2008 -- 6:30 p.m.
Fort Worth Intermodal Transportation Center
1001 Jones Street
Fort Worth, Texas 76102

TOPICS
1. Regional Transportation Project Status Report
2. Transportation Improvement Program Modifications
3. Unified Planning Work Program Modifications
Let us know what you think. Submit comments online.
For additional information about public meetings, visit: www.nctcog.org/trans/outreach/meetings .
Please forward this e-mail to anyone who would be interested in learning more about transportation news.
For special accommodations due to a disability or for language translation, please contact Jahnae Stout at 817-608-2335 or jstout@nctcog.org at least 72 hours prior to the meeting. Reasonable accommodations will be made.

ACTION ALERT: Sunset Review Hearing of TxDOT Tuesday, July 15th

By Martha Estes - July 13, 2008


This is the last reminder of the particulars of this IMPORTANT Hearing. The link below will allow you to watch the meeting on the internet if you cannot attend.

Scheduled Sunset TxDOT Meeting:
July 15, 2008 – 9:00 am
Room E1.030, Capitol Extension – House Appropriations Committee Room
Questions: 512.463.1300

Agenda


9:00 a.m.
Call to Order
Approval of Minutes
Commission Decisions:
Texas Racing Commission/Equine Research Account Advisory Committee
Staff Presentation and Public Testimony: *Department of Transportation
Other Business
Adjourn

* Witness Affirmation Form. If you plan to testify, please submit your Witness Affirmation Form 30 minutes before the start of the meeting. If presenting written testimony, please provide 15 copies.

Meeting materials will be available on Friday, July 11.

Staff reports on the above agencies are available.

INTERNET ACCESS to Meeting
The meeting is broadcast live on the Internet.

Current status of the proceedings will be posted on the homepage.

Notice of Assistance at Public Meetings
Persons with disabilities who plan to attend this meeting and who may need assistance, such as a sign language interpreter, are requested to contact Cee Hartley at 512.463.1300, 4 days prior to the meeting so appropriate arrangements can be made

USEFUL INFO FOR ANY VISIT TO THE CAPITOL.

MAPS:
Capitol COMPLEX & VISITOR Parking Garage:
EXTENSION 1 Floor: (1 print page)
EXTENSION 2 Floor: (1 print page)
FLOOR 1 & GROUND: http://www.tspb.state.tx.us/SPB/Plan/FloorPlan/pdf/cap%20guide1.PDF (1 print page)
FLOORS 2,3,& 4: (1 print page)

Capitol Building DIRECTORY (Locate Offices for Senators & Representatives - Date July 2008) (4 print pages)
Menu of ALL of the MAPS of the CAPITOL:


Positions of Substance to Consider:
See TURF Recommendations.

CorridorWatch.org Recommendations.

TxDOT on the legislative griddle Feb. 5

By Ben Wear - The AUSTIN AMERICAN-STATESMAN - Wednesday, January 23, 2008

Shine your shoes and haul out a clean shirt, TxDOT. The Legislature wants to see you on Feb. 5. All day.

The Senate Transportation and Homeland Security Committee and the Senate Finance Committee have called what would be a very rare joint meeting at 9 a.m. Feb. 5. The meeting would be in the Finance Committee’s meeting room in the Capital Extension, E1.036.
The subject: “The Texas Department of Transportation’s 2008-09 appropriations.” Translated, that means, we want to pin you down and find if you really and truly are suddenly out of money. TxDOT shook up the Texas transportation world, and quite a few powerful legislators, over the past two months by suddenly cutting money for project engineering and right of way and announcing it will award no new road construction contracts after Feb. 1. Frankly, a lot of lawmakers think TxDOT is playing politics with its books.
After these two committees are through, probably around noon, then the Legislative Study Committee on Private Participation in Toll Projects (called the CDA committee or 792 committee informally) will meet at 1 p.m. in the same room. That committee, which includes three appointees each by Gov. Rick Perry, Lt. Gov. David Dewhurst and House Speaker Tom Craddick, was created by SB 792 and told to look at the private toll road contracts that stirred up the Legislature last year. This is that committee’s first meeting.
Meanwhile, TxDOT is under review by the Sunset Advisory Committee as well.
Better get a couple of clean shirts. And maybe some underwear as well.

Read more


Committee Information:
Senate Members:
Sen. John Carona
Sen. Robert Nichols
Sen. Tommy Williams

House Members:
Rep. Aaron Peña
Rep. Larry Phillips
Rep. Wayne Smith

Public Members:
John W. Johnson
Robert W. Poole Jr.
Grady W. Smithey Jr.


FROM THE LEGISLATIVE REFERENCE LIBRARY - Legislative Reports
PRIVATE PARTICIPATION IN TOLL PROJECTS - LEGISLATIVE STUDY - 80th R.S. (2007)

Committee Members; Rep. Aaron Pena, Rep. Larry Phillips, Rep. Wayne Smith
Committee Charges:
1. The legislative study committee shall select a presiding officer from among its members and conduct public hearings and study the public policy implications of including in a comprehensive development agreement entered into by a toll project entity with a private participant in connection with a toll project a provision that permits the private participant to operate and collect revenue from the toll project. In addition, the committee shall examine the public policy implications of selling an existing and operating toll project to a private entity.
Not later than December 1, 2008, the legislative study committee shall:
(1) prepare a written report summarizing:
(A) any hearings conducted by the committee;
(B) any legislation proposed by the committee;
(C) the committee's recommendations for safeguards and protections of the public's interest when a contract for the sale of a toll project to a private entity is entered into; and
(D) any other findings or recommendations of the
committee; and
(2) deliver a copy of the report to the governor, the
lieutenant governor, and the speaker of the house of
representatives.
Note: Created pursuant to SB 792, 80th Legislature.
NOTE: Martha Estes contributed to this post.

Bonehead educators fuel election chaos

By Faith Chatham - DFWRCC - Jan. 14, 2008
The Texas Education Agency receives my "Bonehead of the Year Award" for scheduling TAKS testing on primary election day without sending clarification to school districts that state law requires that public buildings (including schools) must accommodate elections on election day.

Across Texas County Election officials and County Chairs of both political parties are scrambling to sign election contracts while many school districts are refusing to accommodate the elections. Some counties are suing school districts to get access to the buildings. Some school districts are accommodating the elections. Others are standing firm refusing to accommodate the elections. Citizens are confused. Most news coverage is sketchy and incomplete or inaccurate.

Here is what I've learned about how educators who are charged with teaching our school children civics and government blew this one out of the water!

Some school districts wanted to delay the start of the school year for the Spring Semester. The State Board of Education is responsible for administering a "student assessment instrument and is charged in Texas Education Code Chapter 39.027 (a)(2) with adopting a schedule for administrating the end-of-course assessment.

State law was change so that the Texas public schools' spring semester could start later than last year. A change was made in the Texas Education Code 39.023(c-3) so that this year the first end-of-course assessment tests must be administered at least 2 weeks later than that they were last year.
The language in the Education Code was changed to read:

(c-3)In adopting a schedule for the administration of assessment instruments under this section, the State Board of Education shall require:
(1)assessment instruments administered under Subsection (a) to be administered on a schedule so that the first assessment instrument is administered at least two weeks later than the date on which the first assessment instrument was administered
under Subsection (a) during the 2006-2007 school year;

Texas Education Code 39.023.c-3 does not require that the TEA set the TAKS test on March 4th (election day). It merely requires that the date must be at least 2 weeks later than last year. I have phoned TEA Legal inquiring if they reviewed Texas Election Code 43.031 requiring that public buildings accommodate elections and sent information to the school districts clarifying that TAKS testing cannot hinder the accommodation of elections on election day when they scheduled TAKS testing March 4, 2008? I have not received a response yet from them.

Texas law does not require TAKS testing on March 4th (election day). TEA chose to schedule it on March 4th (one of many dates after the time stipulated by state law that the first end-of-course assessment test must be scheduled.

I think this is a very boneheaded decision by State Bureaucrats. Those who scheduled TAKS testing on election day and those who approved that schedule have thrown the election process into unnecessary chaos. Election administrators, parties, candidates are struggling to determine where the elections will be held. Some counties are suing the school districts to require them to accommodate the elections according to Texas Election Code 43.031. Others moved the elections to other sites, often at an inconvenience to the voters. (When election sites change, a percentage of voters fail to learn the new sites in time to vote - depressing electoral turnout.) Some communities simply do not have suitable alternate sites available in the precincts to hold the elections.

I sent this message to the Texas Education Agency:

You have flunked the test in citizenship and applied civics! Entrusted by the citizens of this state to teach our children about CIVICS, GOVERNMENT, PARTICIPATION in the DEMOCRATIC PROCESS, you either failed to check or chose to ignore that March 4, 2008 is a primary election day. State law requires that public buildings be made available for elections yet you chose to schedule (or approve scheduling) TAKS testing on election day. Your irresponsible, short-sighted, ignorant actions diminishes the ability of election officials and candidates to clearly communicate where the polling places will be in time for ALL CITIZENS to participate. If you allow school districts to refuse to allow the elections to be scheduled in school buildings, you are violating the law and betraying the trust of the citizens. Testing is important. Education is important. Showing our children by EXAMPLE is also important. The message you have sent is loud and clear: Elections don't really matter that much to the Texas Board of Education. Elections are an inconvenience that do not merit careful examination of dates on the calendar which ANY ELECTED OFFICIAL, POLITICAL APPOINTEE, CIVICS TEACHER, REGISTERED VOTER reserves for participating in elections.
The boneheads in your agency who scheduled TAKS testing on Election Day should be informed that it was a MISTAKE. Correct your mistake. Send a strong message to teachers, educators, pupils and your fellow citizens that your agency values our Democratic process enough to relinquish accommodate the elections on school premises March 4th. Make it a policy that all election days will be scheduled on your calendar before you begin filling in dates which are not SET BY LAW.

If you want to write them the email link to their website form is: http://www.tea.state.tx.us/tea/contact.html

I recommend that you also phone them. It is easier to ignore contact forms. When their switchboard also lights up the e-mail responses have greater impact.

The Texas Education Agency is located in the William Travis Building
1701 N. Congress Avenue
Austin, Texas, 78701

Those who oversee (and vote to fund) the TEA include:
Gov. Rick Perry - Tara Balleau (512) 799-9240 is the governor's point person on education.
In the Lt. Governor's office Andre Sheridan (512) 463-0108 is the Education Point Person.

Members of the Texas Senate Committee on Education include:

Chair of the Senate Education Committee: Senator Florence Shapiro (512) 463-0108 (972) 403-3404 - email form

Senator Royce West - (512) 463-0123 or (214) 467-0123
Senator West's education point person is Lajuana Barton lajuana_d.barton@senate.state.tx.us

Senator Kyle Janek - (512) 463-0117 (800) 445-2635
Senator Janek's point person on education is Casey Haney email: casey.haney@senate.state.tx.us


Senator Judith Zaffirini (512) 463-0121 (956) 722-2293
Her education point person is Warren von Eschenbach email: warren.voneschenbach@senate.state.tx.us

Senator Steve Ogden (512) 463-0105 His education point person is Patty Guerra
email: patty.guerra@senate.state.tx.us


Senator Leticia Van de Putte (512) 463-0126 (210) 733-6604
Her point person on education is Ida Garcia email: ida.garcis@senate.state.tx.us

Senator Tommy Williams (281) 364-9426 His point person on education is his chief of staff Janet Stieben email: janet.stieben@senate.state.tx.us

Senator Dan Patrick (713) 464-0282

I suspect that there may be attempts at TEA (if there is enough outcry)to blame some low level staffer. However, this date was set months ago. It went all the way up the supply chain and officials all the way up signed off on it. The responsiblity for ensuring that directives from the TEA complies with State Law (including State Election Code) rests with the top. The legal team should have reviewed this, conferred with the Attorney General and SOS and issued a directive to all school districts clarifying that if TAKS testing occurs on an election day, the school districts still have to accommodate the elections. The buck rests at the top. They are responsible for triggering law suits between county election officials and school districts throughout Texas, impacting every voter in Texas and sending a very bad message to our school children that elections really aren't that high a priority with this state's "Educators."

I think it is time to EDUCATE the educators.
REFERENCE: Texas Election Code 43.031
Education Code 39.023(c-3)

ACTION ALERT: Sunset Review of TxDOT Comments due by Jan. 7 2008

December 5, 2007
Dear Recipient:

The Sunset Advisory Commission would like your help in reviewing and improving the State’s transportation system. The Legislature, through the Texas Sunset Act, has charged our Commission with reviewing the mission and performance of the Texas Department of Transportation.

In general, the Sunset Commission periodically evaluates state agencies to determine if the agency is needed, if it is operating effectively, and if state funds are well spent. Based on the recommendations of the Sunset Commission, the Texas Legislature ultimately decides whether an agency continues to operate into the future. Additional information on the Sunset Commission can be found on our website.

As part of this agency’s review, we seek the input of organizations and individuals who have an interest in the agency. Please take some time to comment on the attached preliminary issues identified by the Sunset Commission staff as potential research areas. Also, let us know of other issues of interest to you or your organization. Feel free to share copies of this e-mail and the attachment with any others who may have an interest in the Texas Department of Transportation. To help ensure the free flow of information, anything submitted to Sunset staff during the review until the staff report is released is confidential, and will not be shared with anyone outside of Sunset staff.

To give the staff time to consider your information during our review of the Texas Department of Transportation, we request you send your response by Monday, January 7, 2008. Please mail, e-mail, or fax your comments to the address or fax number provided in the attached Preliminary Issue List. Also, if you need more information or have questions about our process, please contact Jennifer Jones at (512) 463-1300. We greatly appreciate your assistance and look forward to hearing your ideas.

Sincerely,

Ken Levine
Deputy Director
Sunset Advisory Commission

COMMENTARY: LED billboards will ruin our roadways

By Karen Huber, Monday, November 26, 2007 http://www.statesman.com/opinion/content/editorial/stories/11/26/1126huber_edit.html

Picture this: You're going 65 mph in traffic when suddenly, ahead on the right, there's a huge billboard lighting up the night sky. What's this? The image is changing ... It's a new message ... for a different product ... What's it saying now ... ?

Distracted?

How could you not be?

Yet right now, at a time when driving while talking on a cell phone is a major threat to public safety, the Texas Transportation Commission has proposed a rule that could allow a far greater distraction: giant, brightly lit, shifting-image light-emitting diode billboards along Texas highways.

Each LED sign would be like a little bit of Las Vegas plunked down in the middle of our tranquil Texas landscape.

What would Lady Bird Johnson think? I think she'd say, "What happens in Vegas should stay in Vegas."

But the signs mess with Texas. Distraction — grabbing our attention — is their goal. Paul Meyer, president and chief operating officer of Clear Channel Outdoor, has been quoted as saying, "You can't avoid it. There's no mute button. There's no on-off switch."

I expect this from Clear Channel; that's its business. But I don't expect it from a Texas regulatory agency.

I expect more. I expect our highway commissioners to care about the beauty of our state, the costs of our highways and the safety of our roads. I expect them not to add to the taxpayer costs of highway construction by allowing more expensive billboards that need to be moved or condemned when a highway needs to be widened. I expect them to pay attention to studies that show that distracting a driver for as little as two seconds is enough to create a serious safety hazard. I expect them to listen to what we want our highway views to look like, and to protect them. An April 2007 survey revealed that 86 percent oppose more billboards of any kind, let alone LED signs that scream out for attention day and night.

Until TxDOT published the proposed new rules, it said LED signs were "intermittent" signs, specifically prohibited under the Highway Beautification Act. But the sign industry said, "Just because our messages change at regular intervals doesn't mean they are intermittent." And here's the kicker: Our highway commissioners suddenly agreed and created a new definition for "intermittent." As long as the sign changes its message no more than every eight seconds, it's not "intermittent."

But even if there were any basis to say seven seconds or less is not OK but eight or more is just fine, LED signs are not appropriate outside of Vegas or Times Square.
Earlier this year, the Marietta, Ga., City Council said no to Clear Channel's LED signs because it didn't want taxpayers to have to buy the very expensive signs when they widen their highway. Now that's good public policy.

If we don't rise up and tell the highway commissioners, Gov. Rick Perry and other elected officials that enough is enough, the ban on LED signs could be lifted as early as next month.

Lady Bird can't stand up for our Texas roadsides and vistas anymore, but we can. She was right: The best thing about Texas highways is the sheer beauty of our natural surroundings. These signs just aren't natural.

(Huber lives in western Travis County.)

The Texas Transportation Commission is accepting written comments on LED billboards through Dec. 6.
Send them to John Campbell, Director, Right-of-Way Division, Texas Department of Transportation, 125 E. 11th St., Austin, TX 78701-2483.

A public hearing will be held there at 9 a.m. Wednesday.

Or use this link to a form and submit your comments by email:

Texas Senate Transportation & Homeland Security Hearing scheduled in Irving August 7th

SENATE NOTICE OF PUBLIC HEARING

COMMITTEE: Transportation & Homeland Security
TIME & DATE: 8:00 AM, Tuesday, August 07, 2007
PLACE: Irving Lecture Hall, Westin DFW Airport
CHAIR: Senator John Carona

The Senate Committee on Transportation and Homeland Security will meet on August 7, 2007, in Irving. The hearing will be held at the Westin DFW Airport hotel on 4545 W. John Carpenter Freeway, Irving, Texas.

The Committee will begin at 8:00 a.m. and hear invited and public testimony on the implementation of legislation and related issues.

Agenda (subject to change)

INVITED TESTIMONY: TRANSPORTATION

Panel 1: Texas Transportation Commission/Texas Department of Transportation

Panel 2: Regional Transportation Council and North Texas Turnpike Authority

Panel 3: TEX-21

Panel 4: Infrastructure Issues

A. Trends in Infrastructure (Bob Cuellar, URS Corporation)

B. Infrastructure Protection (Albert Samano, TRC Corporation)

C. Managed Lanes (Dr. Chris Poe, Texas Transportation Institute)

D. Continuing Concerns (David Stall, CorridorWatch)

INVITED TESTIMONY: HOMELAND SECURITY

Panel 1: Steve McCraw, Dir. of Homeland Security, Office of the Governor

Panel 2: Thomas Davis, Executive Director, Department of Public Safety

Panel 3: Gangs

A. Fred Burton, Stratfor

B. John Chakwin, Special Agent in Charge, Immigration and Customs Enforcement, Dallas

C. David Erinakes, Homeland Security Policy Advisor to the Chairman

PUBLIC TESTIMONY

ACTION ALERT - Tarrant County Commissioners Court and Eminent Domain

by Faith Chatham - June 11, 2007

Tarrant County Commissioner to vote on sending letter
Urging Governor to veto HB 2006 at Regular meeting
Tarrant County Commissioners Court - 10 a.m., Tues., June 12

Linda Lancaster addressed the court last week and urged them not so sign the Letter Judge Glen (supercorridor at public expense) Whitley wants them to send to Governor Perry urging him to veto HB 2006 - the eminent domain bill.
The bill, which restores some of the protections the NASCO Corridor group pushed to get enacted. (Whitley and RTC chairwoman Cynthia White and Denton Mayor Pro-tem and RTC member Tex Kamp - serve on the NASCO Corridor Board of Directors) NASCO lobbied to get propert rights stripped from property owners through passage of legislation legalizing use of private public partnerships for construction interstate (international) super transportation corridors funded by gasoline tax money, public bonds and tolls on existing and future state and federal highways. NASCO'S MISSION STATEMENT includes:

To be a strong advocacy and lobby group for transportation and related issues and interests of the jurisdictions along the corridor.

We urge all Tarrant County Citizens to appear at the Tarrant County Commissioner's Court meeting tomorrow (Tuesday, June 12 -10:00 a.m.) and speak out against the Commissioners Court sending this letter urging Governor Perry to veto this eminent domain bill.
To gain federal, provincial/state, and municipal government support in all three NAFTA countries.

To gain and maintain tri-lateral private sector membership support for NASCO’s vision and goals.

To push for, facilitate and support any Corridor related projects or initiatives that focus on enhancing the security, safety and efficiency of transportation, trade processing and logistics systems along the corridor

All state representatives and state senators from this 16 county North Central Texas Region voted for the bill, yet Tarrant County Judge Glen Whitley is pushing hard to get the Governor to veto it! Citizens of Tarrant County testified at the TxDOT hearing, expressing outrage and anger that the eminent domain laws had been changed to accomodate the special interests of big monied backers of the TTC -- many of whom are financial backers of NASCO).

Anyone who attempt to persuade the public to believe that it is necessary to veto this bill in order to acquire property at a fair price through the exercise of eminent domain is lying. This bill does not prevent the exercise of eminent domain for legitimate uses which are in the public good. This bill defines legitimate use of eminent domain:

A governmental or private entity may not take private property through the use of eminent domain if the taking:
(1) confers a private benefit on a particular private party through the use of the property;
(2) is for a public use that is merely a pretext to confer a private benefit on a particular private party; [or]
(3) is for economic development purposes, unless the economic development is a secondary purpose resulting from municipal community development or municipal urban renewal activities to eliminate an existing affirmative harm on society from slum or blighted areas under:

While restoring some protection to the citizen-property owner, this bill does not prevent exercise of eminent domain for legitimate projects for the public good.

(c) This section does not affect the authority of an entity authorized by law to take private property through the use of eminent domain for:
(1) transportation projects, including, but not limited to, railroads, airports, or public roads or highways;
(2) entities authorized under Section 59, Article XVI, Texas Constitution, including:
(A) port authorities;
(B) navigation districts; and
(C) any other conservation or reclamation districts that act as ports;
(3) water supply, wastewater, flood control, and drainage projects;
(4) public buildings, hospitals, and parks;
(5) the provision of utility services;
(6) a sports and community venue project approved by voters at an election held on or before December 1, 2005, under Chapter 334 or 335, Local Government Code;
(7) the operations of:
(A) a common carrier pipeline [subject to Chapter 111, Natural Resources Code, and Section B(3)(b), Article 2.01, Texas Business Corporation Act]; or
(B) an energy transporter, as that term is defined by Section 186.051, Utilities Code;
(8) a purpose authorized by Chapter 181, Utilities Code;
(9) underground storage operations subject to Chapter 91, Natural Resources Code;
(10) a waste disposal project; or
(11) a library, museum, or related facility and any infrastructure related to the facility.

It seeks to clarify and restore balance and fairness to the process, by stating that

the governmental entity must authorize the initiation of the condemnation proceedings at a public meeting by a record vote.

It stipulates that the public use for which the property is condemned must be stated in the motion.
If the property is not used for that use in ten years, the land owner is allowed to repurchase the land for the same amount the governmental entities paid them for it.

The bill stipulates that governmental entities seeking property through eminent domain condemnation process must negotiate with the landowner fairly.

BONA FIDE OFFER REQUIRED. An entity with eminent domain authority that wants to acquire real property for a public use must make a bona fide offer to acquire the property from the property owner voluntarily. A bona fide offer is an offer that is not arbitrary or capricious and is based on a reasonably thorough investigation and honest assessment of the amount of the just compensation due to the landowner as a result of the taking.

It stipulates that citizens must be informed of their right to repurchase the property.

DISCLOSURE OF INFORMATION REQUIRED AT TIME OF ACQUISITION. A governmental entity shall disclose in writing to the property owner, at the time of acquisition of the property through eminent domain, that:
(1) the owner or the owner's heirs, successors, or assigns are entitled to repurchase the property if the public use for which the property was acquired through eminent domain is canceled before the 10th anniversary of the date of acquisition; and
(2) the repurchase price is the price paid to the owner by the governmental entity at the time the governmental entity acquired the property through eminent domain.

It requires that the governmental body must submit evidence of fair market value before the property is condemned.

EVIDENCE. (a) For the purposes of this section, market value is the price a property will bring when offered for sale by a person who desires to sell the property, but is not obliged to sell the property, and is bought by a person who desires to buy the property, but is not under a necessity to buy the property.
(b) As the basis for assessing actual damages to a property owner from a condemnation, the special commissioners shall, subject to the Texas Rules of Evidence, admit evidence on:
(1) the market value, before the condemnation, of the property being condemned;
being condemned;
(2) subject to Section 21.042, the net change to the market value of the property owner's remaining property, considering both injury and benefit to the property owner; and
(3) [(4)] the use of the property for the purpose of the condemnation.

It also attempts to address loss of value and access issues:

(e) If a portion of a tract or parcel of real property is condemned for the use, construction, operation, or maintenance of the state highway system or of a county toll project described by Chapter 284, Transportation Code, that is eligible for designation as part of the state highway system, the special commissioners shall consider any diminished access to the highway and to or from the remaining property to the extent that it affects the present market value of the real property, including any factors considered when determining actual fair market value of property for ad valorem tax purposes.

It provides some relocation compensation.

(a) A department, agency, instrumentality, or political subdivision of this state shall [may] provide a relocation advisory service for an individual, a family, a business concern, a farming or ranching operation, or a nonprofit organization that [if the service] is compatible with the Federal Uniform Relocation Assistance Advisory Program, 23 U.S.C.A. 501, et seq.
(b) This state or a political subdivision of this state shall [may], as a cost of acquiring real property, pay moving expenses and rental supplements, make relocation payments, provide financial assistance to acquire replacement housing, and compensate for expenses incidental to the transfer of the property if an individual, a family, the personal property of a business, a farming or ranching operation, or a nonprofit organization is displaced in connection with the acquisition.

If the courts find that govenmental entites do not make bona fide good faith offers to land owners based on fair market value, this bill stipulates that the landowner/citizens legal fees will be paid by the governmental entity.

(d) If a court hearing a suit under this chapter determines that a condemning entity did not make a bona fide offer to acquire the property from the property owner voluntarily as required by Section 21.0112, the court shall abate the suit and order the condemnor to make a bona fide offer. If the court finds that by filing a petition under Section 21.012 or by filing any other motion or pleading in the proceeding initiated by the filing of that petition the condemnor violated Chapter 10, Civil Practice and Remedies Code, the court shall order the condemnor to pay:
(1) all costs as provided by Subsection (a); and
(2) any reasonable attorney's fees incurred by the owner that are directly related to the violation.

This bill is about fairness.

Judge Whitley is not serving the good of the citizens of Texas and of Tarrant County in pushing for a veto of this bill.

Action Alert on SB 792 by David Van Os

The Trans-Texas Corridor moratorium bill needs YOU
David Van Os - Texas Kaos
A few days ago it looked like the people of Texas were going to get a two-year moratorium on the TTC monstrosity. It looked like overwhelming numbers of legislators in both the House and the Senate had heard the voices of the people. It looked like our House members and Senators were going to get us breathing room in which to continue to spread information and education to our fellow Texans about the intolerable scar Dictator Perry and his campaign contributors want to rip across the face of our state. Read more

Suggested letter - email to North Texas Legislators

SUBJECT LINE: RE SB 792 - HB 2268 Market Valuation requirements for public toll authorities projects in DFW region is last straw

SUGGESTED TEXT FOR EMAIL:
ADDING "MARKET VALUATION" Requirements to public toll authority's public transportation projects and elimination of Amendment 13 from SB 792 are DEAL BREAKERS for the voters. We'll remember those who allow this to happen when the PEOPLE VOTE next time.
"Please INSIST that the Trans Texas Corridor unquestionably be INCLUDED in the moratorium by RETAINING Amendment 13 in SB 792! We're counting on you TO MAKE THIS HAPPEN!"

The NCTCOG's RTC and many local elected officials serving on the RTC descended on Austin arguing for the DFW region (NCTCOG area) to be exempted from the 2 year moratorium. Legislators in other districts fought to keep their citizens protected. In our region we have to trust TxDOT and the RTC.

I am writing to tell you that citizens in the DFW area are upset. Allowing MARKET VALUATION to be applied to public toll authorities projects in this region is the LAST STRAW. We've are taking note and rembering the names of elected officials who sold the public out by fighting to protection citizens in the North Central Texas Region from bad CDA contracts.

Members of the RTC and local elected officials only get one vote when you run again for re-election. The people get thousands of votes. Most of the voters in this region differ with the RTC on use of surplus toll revenue to fund highway projects. Most of the voters in this region differ with TxDOT on raising toll rates higher than necessary to retire the debt and maintain the roads in order to generate billions of dollars of surplus toll revenue to use on other projects.

Citizens are outraged that the Texas Legislator has refused to seriously address Public Transportation funding problems.

We are angry that you refuse to stop diversions from transportation funds to non-transportation uses.

We are angry that instead of indexing the gas tax to keep up with inflation, you avoid addressing gas gouging and propose a temporary 20cent suspension of the gas tax. That is pandering rather than problem solving. Twenty cents a gallon for three months does not address air quality in non attainment areas. It does not help us if we are forced to pay high tolls for 675 miles of stragetic highways in the DFW area.

Applying Market Valuation to public toll authorities is the last straw. Fight for us or be prepared to face our opinions and fury when you come back to your district and ask the voters to re-elect you.

[YOUR NAME]
[YOUR ADDRESS]
[YOUR TELEPHONE NO.]

ACTION ALERT - Moratorium Bill

SEND A MESSAGE TO THE LEGISLATURE, DAVID DEWHURST AND RICK PERRY THAT ADDING "MARKET VALUATION" Requirements to public toll authorities public transporation projects and elimination of Amendment 13 from SB 792 are DEAL BREAKERS for the voters. We'll remember those who allow this to happen when the PEOPLE VOTE next time.

"Please INSIST that the Trans Texas Corridor unquestionably be INCLUDED in the moratorium by RETAINING Amendment 13 in SB 792! We're counting on you TO MAKE THIS HAPPEN!"

The NCTCOG's RTC and many local elected officials serving on the RTC descended on Austin arguing for the DFW region (NCTCOG area)to be exempted from the 2 year moratorium. In order to protect their districts and keep them included in the moratorium, legislators from other districts agreeded to exclude the DFW region from the moratorium. North Texas Senators and State Representatives need to hear from hundreds of voters from this region IMMEDIATELY to help offset the pressure from the NCTCOG, TxDOT and RTC.

They need to know that we are upset! Call and email them and make them understand that allowing MARKET VALUATION to be applied to public toll authorities projects in this region is the LAST STRAW. We've been taking note and taking names of those who sold the public out by not allowing us protection from bad CDA contracts.

The following Senators and State Representatives' districts are within the NCTCOG. Their clout impacts the entire state. Call your rep and your senator. Then call others on this iist. Call them all! Tell them that they are there to represent you, not the RTC or NCTCOG. Make sure that not understanding the implications of applying Market Valuation to public toll authorities bid is not a good enough answer. They have one last chance to UNDO the damage. This bill is in conference committee and must be voted on again. MARKET VALUATION is said to be a deal breaker for Perry. Let these officials know that MARKET VALUATION is a deal breaker for the people and our vote in November trumps Perry's threat of VETO in May!

Point out that members of the RTC and local elected officials only get one vote when it is time to reelect Legislators. The people get thousands of votes.

Also, Lois Kolkhorst got a good amendment (#13) into the House version of the Bill. It includes the TTC in the moratorium. Perry is insisting that it come out. Let these North Texas Legislators know that keeping the TTC in the moratorium is a Deal Breaker for the people.
Dewhurst contact info:
Via a web mail form: http://www.ltgov.state.tx.us/Contact/#email
(512) 463-0001 (his voicemail is already full!)

DFW area Senators need to hear from OUTRAGED CITIZENS who object to their allowing MARKET VALUATION BE APPLIED TO DFW Toll Projects by Public Toll Authorities. Our Delegation has rolled over and played lap dog to the NCTCOG RTC, TxDOT and pro Cintra lobby groups headed by Rick Perry. They are elected to represent the Citizens. It is imperative that Citizens make these elected officals understand that they get one more opportunity to serve us. We will remember how they sold us out when we go to the polls to vote when they run for re-election.

To find House Members contact information: HOUSE MEMBERS

To find Texas Senate Members Contact information: Senate Members
DFW area legislators:
NORTH TEXAS DELEGATION (WITHIN NCTCOG)
Rep. Roberto Alonzo(512) 463-0408 (817) 424-3446
Rep. Rafael Anchía (512) 463-0746 (214) 943-6081
Rep. Dan Branch (512) 463-0367 (214) 745-5888
Rep. Lon Burnham 817 924-1997 Austin 512 463-0740
Rep. Myra Crownover (512) 463-0582 (940) 321-0013
Rep. Yvonne Davis (512) 463-0598 (214) 941-3895
Rep. Joe Driver (512) 463-0574 (972) 276-1556
Rep. Kirk England (512) 463-0694 (972) 264-4231
Rep. Charlie Geren (512) 463-0610 (817) 738-8333
Rep. Helen Giddings (512) 463-0953 (972) 224-6795
Rep. Tony Goolsby (512) 463-0454 (972) 979-8822
Rep. Kelly Hancock (512) 463-0599 (817) 686-8998
Rep. Linda Harper-Brown (512) 463-0641 (972) 401-8825
Rep. Will Hartnett (512) 463-0576 (214) 891-1776
Rep. Fred Hill (512) 463-0486 (972) 234-8980
Rep. Terri Hodge (512) 463-0586 (214) 824-1996
Rep. Jim Jackson (512) 463-0468 (972) 416-7698
Rep. Jim Keffer (512) 478-8805 (800) 586-4515 (800) 586-4515
Rep. Phil King (512) 463-0738 (817) 596-4796
Rep. Jodie Laubenberg (512) 463-0186 (972) 772-8525
Rep. Jerry Madden (512) 463-0544 (972) 424-2235
Rep. Brian McCall (512) 463-0594 (972) 881-0890
Rep. Sid Miller(512) 463-0628 (254) 968-3535
Rep. Anna Mowery (512) 463-0608 (817) 732-1372
Rep. Rob Orr (512) 463-0538 (817) 295-5158
Rep. Diane Patrick (512) 463-0624 817-548-9091
Rep. Ken Paxton (512) 463-0356 (972) 562-4543
Rep. Paula Pierson (512) 463-0562 (817) 385-4786
Rep. Jim Pitts (512) 463-0516 (972) 938-9392
Rep. Todd Smith (512) 463-0522 (817) 283-3131
Rep. Burt Solomons (512) 463-0478 (972) 394-3904
Rep. Vicki Truitt (512) 463-0690 (817) 488-4098 (DON'T THANK HER FOR ANYTHING. SHE DESERVED TO BE VILIFIED FOR HER DEBATE ON THE FLOOR ON THIS BILL!)
Rep. Allen Vaught (512) 463-0244 (214) 370-8305
Rep. Mark Veasey (512) 463-0716 (817) 339-1430


SENATE NORTH TEXAS DELEGATION (Representing Districts Within NCTCOG Region):
Kim Brimer (512) 463-0110
Sen. John Carona (512) 463-0116 (Steve Pulaski is his transportation staffer)
Sen. Bob Duell (512) 463-0102 (972) 279-1800
Sen. Craig Estes (512) 463-0130 (940) 689-0191
Sen. Chris Harris (512) 463-0109 (817) 461-9109
Sen. Jane Nelson (512) 463-0112 (817) 424-3446 (Zack Adams is her transportation staffer)
Robert Nichols (512) 463-0103
Sen. Steve Odgen (512) 463-0105
Sen. Florence Shapiro (512) 463-0108 (972) 403-3404 (Sarah Bagdwell is her transportation staffer)
Sen. Royce West (512) 463-0123 (214) 467-0123
Other key Senators to call are:
Sen. Leticia Van de Putte (512) 463-0126

Other key Representatives to call are:
Rep. Debbie Riddle (512) 463-0572 (281) 537-5252Thank her. She fought hardest for her district. Wish my rep fought half as hard for us! She was one of two who voted against SB 792.
Rep. Senfronia Thompson (512) 463-0720 (Chair of the Legislative Black Caucus)
Rep. Harvey Hilderbrand (512) 463-0536 (830) 257-2333 Thank him.
Rep. Dwayne Bohac (512) 463-0727 Thank him.
Lois Kolkhorst (512) 463-0600 (979) 251-7888 Thank her for authoring the moratorium and leading the debate. Express disappointment that she urged members to vote for SB 762 with market valuation inserted and additional toll projects carved out of the moratorium!

Governor Perry, as promised, vetoed HB 1892. (HB 1892 began as the moratorium bill and was stalled in the House by Mike Kusee's Transportation Committee. In the Senate, John Carona turned it into an monstrous transportation bill, keeping the moratorium but carving out (exempting many urban projects, and all private toll projects in the DFW region). Rick Perry objected to the bill and promised to veto it (and all bills on all topics sponsored by Senators who voted for it). Carona's committee and the Perry's staff collaborated and turned SB 792 (which started as a companion to SB 1892) into a "Compromise Bill". Without debate or public testimony, this monster transportation bill was passed unamiously by the Senate last week. On the House floor it underwent rigorous debate and had over 30 amendments (most tabled or voted down) which attempted to migite some of its impact. A number (which passed) carved out even more projects to exclude from the 2 year toll moratorium.

Perry's office insisted on "Market Valuation" being applied to public toll projects. This negates much of the benefit of using a public toll authority on a project over a private company such as Cintra. Market Evaluation and additional exemptions from the moratorium are the major differences between SB 1892 (now vetod by Perry) and SB 792. On the floor of the House an amendment was added to SB 792 which clarifies that the TTC is included in the 2 year moratorium. Rick Perry objects to this amendment and his office is reported to be saying that inclusion of that amendment in the House Senate Conference Committee version of SB 792 will be a "deal breaker."

Anti-toll/TTC groups consider their options. David Stall of Corridor Watch found a "legal loophole in HB 1892 which would prevent the TTC from coming under the 2 year toll moratorium if the House and Senate were to override the Governor's veto on SB 1892.

The only other option on the table to get a 2 year moratorium on the TTC appears to be passage into law of SB 792 (despite much of the bill is detested by many grassroots activists and citizens).

THE CONTROVERSY:
Rep. Lois Kolkhorst added Amendment 13 to SB 792 to INCLUDE the Trans Texas Corridor (TTC) in the moratorium. Perry says he won't sign SB 792 unless Amendment 13 comes out of SB 792.

In the North Texas area, there is mixed opinions on applying Market Valuation to toll projects in this region. Yvonne Davis and Paula Pierson both argued against applying Market Valuation to SH 161.

Terri Hall of the San Antonio Toll Party wrote that the North Texas folks want it so their tolling authority can use it to prevent a CDA on Hwy 121 in the Dallas area." San Antonio Toll Party is insisting that activists call the Capitol Switchboard (512) 463-4630 and insist that San Antonio area project be exempted from application of Market Valuation.

I don't think that most members of the North Texas Delegation really want Market Valuation applied to NTTA bids. I suspect some are intimidated by the Governor. When the Governor and NCTCOG pushes to the detriment of the people's interest, it is imperative that THE PEOPLE PUSH BACK!I am urging activist to call and insist that DFW project be exempted from MARKET VALUATION. Applying Market Valuation removed the advantage of using a public toll authority.

T.U.R.F. and San Antonio Toll Party also advise activists to:
CONTACT Lt. Governor David Dewhurst
He wants to be Governor and he alone has the power to pressure these senators to keep Amendment 13 in the bill and get San Antonio carved out from "market valuation" projects. He thought, as we all did, that HB 1892 included the Trans Texas Corridor in the moratorium. So please ask him to ensure the TTC IS in the moratorium as our legislators, including Dewhurst, intended!

Applying Market Valuation to a public toll authority's bid/project removes the benefit to the people of using a public toll authority. It makes the public toll authority act like a private entity such as Cintra. Applying Market Valuation to the projects in the DFW Region which NTTA is bidding on in competition with Cintra, levels the playing field and makes Cintra more competitive!

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Give us your ideas. We have organized and are seeking leaders in all 16 counties to join in the fight. We need to be able to generate hundreds of calls and e-mails to these officials. This is a bi-partisian battle. It is not limited to just Democrats. Please share this diary and forward this action alert to all you know in this area!
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