Office of Nick Lampson - May 11, 2007
WASHINGTON, D.C. - During a House Transportation and Infrastructure Committee hearing today, Congressman Nick Lampson (D-Stafford) strongly questioned U.S. Department of Transportation ("DOT") Secretary Mary Peters regarding DOT's interference with a bill passed by the Texas state legislature concerning public control of state toll roads. The Texas Department of Transportation ("TxDOT") had recently coordinated with the DOT"s Federal Highway Administration ("FHWA"), resulting in policy letters to TxDOT that highlighted certain policy disagreements with the state legislature's bill, H.B. 1892, as passed. The bill now awaits a publicly acknowledged, forthcoming veto by Texas Governor Rick Perry.
WASHINGTON, D.C. - During a House Transportation and Infrastructure Committee hearing today, Congressman Nick Lampson (D-Stafford) strongly questioned U.S. Department of Transportation ("DOT") Secretary Mary Peters regarding DOT's interference with a bill passed by the Texas state legislature concerning public control of state toll roads. The Texas Department of Transportation ("TxDOT") had recently coordinated with the DOT"s Federal Highway Administration ("FHWA"), resulting in policy letters to TxDOT that highlighted certain policy disagreements with the state legislature's bill, H.B. 1892, as passed. The bill now awaits a publicly acknowledged, forthcoming veto by Texas Governor Rick Perry.
"The federal government should not be interfering with Texas counties' control over their own toll roads, and more importantly, should not be interfering with any state issue, period," said Congressman Lampson. "I am pleased to be working with Senator Kay Bailey Hutchison on this issue so that we can protect matters that are rightfully within the jurisdiction of the Texas state legislature."
H.B. 1892, as originally passed, would allow for the North Texas Tollway Authority to bid on the development of toll roads on State Highway 121, located in the Dallas-Fort Worth area. This legislation, and FHWA's subsequent letters, have major implications for several major toll roads throughout Texas, including Harris County. At today's Committee hearing, Congressman Lampson questioned Secretary Peters as to why the DOT issued multiple letters highlighting its views on this particular state legislature issue. These letters, in no uncertain terms, threatened to block federal highway funding for state roads if H.B. 1892 is implemented in its current form as passed.
"County officials are rightfully upset about the actions of Governor Perry, TxDOT, and the FHWA, and I will continue to work with them and my Texan colleagues in Congress to address their concerns in the future," added Congressman Lampson.
Showing posts with label HB 1892. Show all posts
Showing posts with label HB 1892. Show all posts
Monday, August 27, 2007
Sunday, August 19, 2007
Perry denies TTC part of push for North American Union
By Terri Hall - T.U.R.F. - Sunday, 19 August 2007
Read Jerry Corsi's book, The Late Great USA, the Coming merger with Mexico and Canada, to see the irrefutable evidence for yourself. Search this web site for SPP, NAFTA Superhighway, or North American Union to connect the dots. Anyone who believes the Governor over ordinary citizens and documents available from our own government needs their head examined.
Remember Perry is pushing the Trans Texas Corridor (against his own Party's platform) to such a degree that he vetoed a bill that would have protected landowners from their land being taken and given to private interests for private gain, HB 2006, he vetoed the people's moratorium bill on privatized toll roads, HB 1892, and his ex-aide worked for the company awarded the bid to build the Trans Texas Corridor before and after working for the Governor. He barely won re-election running on strong border security, and, in less than a month after he won, flip-flopped and came out for open borders and a guest worker program. Perry's not looking out for you, and his word is for sale to the highest bidder just like our highways. While politicians and reporters are busy trying to marginalize watchdogs, our government is laying the groundwork for deep integration with Canada and Mexico through the Security and Prosperity Partnership (SPP). Since 19 state legislatures have passed resolutions against it, it's getting tougher for Perry and his crowd to make the "conspiracy theory" charge stick.
Perry's push for super highway raises conspiracy buzz
Some say it's part of a plan to create one nation in North America
By R.G. RATCLIFFE - Houston Chronicle - Aug. 18, 2007
AUSTIN — Black helicopters, the Illuminati, Gov. Rick Perry and the Trans-Texas Corridor are all now part of the vernacular of the global domination conspiracy theorists.
Perry's push for the Trans-Texas Corridor super highway is part of a secret plan, the conspiracy theorists say, to create the North American Union — a single nation consisting of Canada, Mexico and the United States with a currency called the Amero.
Government denials of the North American Union and descriptions of it as a myth seem to add fuel to the fire. A Google search for "North American Union" and "Rick Perry" returns about 13,400 Web page results.
Perry enhanced the conspiracy buzz earlier this summer by traveling to Turkey to attend the secretive Bilderberg conference, which conspiracy theorists believe is a cabal of international monied interests and power brokers pressing for globalization.
And the conspiracy rhetoric is likely to ratchet up this week as President Bush meets with Mexican President Felipe Calderon and Canadian Prime Minister Stephen Harper in Quebec in their third summit to discuss North American relations under the Security and Prosperity Partnership.
"There is absolutely a connection with all of it," said Texas Eagle Forum President Cathie Adams. The Trans-Texas Corridor "is something not being driven by the people of Texas."
The first, and most controversial, leg of the Trans-Texas Corridor plan is a proposed 1,200-foot-wide private toll road to run from Laredo to the Oklahoma border parallel to Interstate 35. This TTC-35 would be built by a consortium headed by Spanish owned Cintra S.A. and Zachry Construction Corp. of San Antonio.
The seed of the North American Union controversy rests in the 1992-93 passage of the North American Free Trade Agreement under Presidents George H.W. Bush and Bill Clinton. Under that treaty, Interstate 35 was designated informally as the NAFTA highway.
'Stealth' attempt
Fast-forward to March 2005 to Crawford, when President Bush, Harper and then-Mexican President Vicente Fox agreed to pursue the Security and Prosperity Partnership, SPP. The idea was to promote cooperation among the countries on economic and security issues.But conservative author Jerome Corsi — in his new book: The Late Great U.S.A.: The Coming Merger with Mexico and Canada — argues the SPP is a "stealth" attempt to wipe out the nations' borders and form a single economy like the European Union.
With an entire chapter dedicated to Perry's Trans-Texas Corridor plan, Corsi says the first step to integrating the economies is to integrate the transportation infrastructure.
"His (Perry's) actions have been to fight hard to build this toll road and not listen to the objections expressed by the people of Texas," Corsi said.
Corsi became nationally known in 2004 as the co-author of Unfit for Command: Swift Boat Veterans Speak Out Against John Kerry. Corsi said extensive research shows the SPP has created working groups on the North American Union that answer to presidential Cabinet secretaries.
The official federal Web site for the SPP has a section dedicated to busting the North American Union as myth.
But that has not stopped a growing opposition to the North American Union by groups such as the Eagle Forum, The Conservative Caucus and the John Birch Society.
'Wanted' individual
The North American Union also has been fodder for cable television commentators: CNN's Lou Dobbs and Fox's Bill O'Reilly.Perry fueled his role in the debate in June by attending the Bilderberg annual conference, a secretive closed-door meeting of about 120 business, government and media leaders from Europe and North America.
Republican presidential candidate and U.S. Rep. Ron Paul of Lake Jackson was asked about the trip on the syndicated talk radio show of Alex Jones in June. Paul said the trip was "a sign that he's involved in the international conspiracy."
Jones' Web site features mug shot-like photos of Perry labeled "Wanted for Treason." Jones in an interview said Perry's trip and the Trans-Texas Corridor show a willingness by the governor to sell out Texas' infrastructure to international bankers.
The 2001 book Toward a North American Community: Lessons from the Old World for the New by Robert A. Pastor, an American University professor and director of the Center for Democracy and Election Management, is cited by Corsi as the blueprint for the merger.
"I've never proposed a North American Union," Pastor said. "The only people who talk about a North American Union are those people who are trying to generate fear."
Belief in sovereignty
Pastor said greater cooperation between the three countries makes sense for both economics and internal security.Pastor said those promoting the conspiracy are doing so because of "historical xenophobia," "a fear of immigrants, mostly from Mexico" and a "traditional isolationism."
Black said there is no way the governor would support merging the U.S. with its neighbors.
Read Jerry Corsi's book, The Late Great USA, the Coming merger with Mexico and Canada, to see the irrefutable evidence for yourself. Search this web site for SPP, NAFTA Superhighway, or North American Union to connect the dots. Anyone who believes the Governor over ordinary citizens and documents available from our own government needs their head examined.
Remember Perry is pushing the Trans Texas Corridor (against his own Party's platform) to such a degree that he vetoed a bill that would have protected landowners from their land being taken and given to private interests for private gain, HB 2006, he vetoed the people's moratorium bill on privatized toll roads, HB 1892, and his ex-aide worked for the company awarded the bid to build the Trans Texas Corridor before and after working for the Governor. He barely won re-election running on strong border security, and, in less than a month after he won, flip-flopped and came out for open borders and a guest worker program. Perry's not looking out for you, and his word is for sale to the highest bidder just like our highways. While politicians and reporters are busy trying to marginalize watchdogs, our government is laying the groundwork for deep integration with Canada and Mexico through the Security and Prosperity Partnership (SPP). Since 19 state legislatures have passed resolutions against it, it's getting tougher for Perry and his crowd to make the "conspiracy theory" charge stick.
Perry's push for super highway raises conspiracy buzz
Some say it's part of a plan to create one nation in North America
By R.G. RATCLIFFE - Houston Chronicle - Aug. 18, 2007
AUSTIN — Black helicopters, the Illuminati, Gov. Rick Perry and the Trans-Texas Corridor are all now part of the vernacular of the global domination conspiracy theorists.
Perry's push for the Trans-Texas Corridor super highway is part of a secret plan, the conspiracy theorists say, to create the North American Union — a single nation consisting of Canada, Mexico and the United States with a currency called the Amero.
Government denials of the North American Union and descriptions of it as a myth seem to add fuel to the fire. A Google search for "North American Union" and "Rick Perry" returns about 13,400 Web page results.
"Conspiracy theories abound, and some people have an awful lot of time on their hands to come up with such far-fetched notions,"said Perry spokesman Robert Black.
Perry enhanced the conspiracy buzz earlier this summer by traveling to Turkey to attend the secretive Bilderberg conference, which conspiracy theorists believe is a cabal of international monied interests and power brokers pressing for globalization.
And the conspiracy rhetoric is likely to ratchet up this week as President Bush meets with Mexican President Felipe Calderon and Canadian Prime Minister Stephen Harper in Quebec in their third summit to discuss North American relations under the Security and Prosperity Partnership.
"There is absolutely a connection with all of it," said Texas Eagle Forum President Cathie Adams. The Trans-Texas Corridor "is something not being driven by the people of Texas."
The first, and most controversial, leg of the Trans-Texas Corridor plan is a proposed 1,200-foot-wide private toll road to run from Laredo to the Oklahoma border parallel to Interstate 35. This TTC-35 would be built by a consortium headed by Spanish owned Cintra S.A. and Zachry Construction Corp. of San Antonio.
The seed of the North American Union controversy rests in the 1992-93 passage of the North American Free Trade Agreement under Presidents George H.W. Bush and Bill Clinton. Under that treaty, Interstate 35 was designated informally as the NAFTA highway.
'Stealth' attempt
Fast-forward to March 2005 to Crawford, when President Bush, Harper and then-Mexican President Vicente Fox agreed to pursue the Security and Prosperity Partnership, SPP. The idea was to promote cooperation among the countries on economic and security issues.But conservative author Jerome Corsi — in his new book: The Late Great U.S.A.: The Coming Merger with Mexico and Canada — argues the SPP is a "stealth" attempt to wipe out the nations' borders and form a single economy like the European Union.
With an entire chapter dedicated to Perry's Trans-Texas Corridor plan, Corsi says the first step to integrating the economies is to integrate the transportation infrastructure.
"His (Perry's) actions have been to fight hard to build this toll road and not listen to the objections expressed by the people of Texas," Corsi said.
Corsi became nationally known in 2004 as the co-author of Unfit for Command: Swift Boat Veterans Speak Out Against John Kerry. Corsi said extensive research shows the SPP has created working groups on the North American Union that answer to presidential Cabinet secretaries.
"This is more of a shadow bureaucracy, a shadow government already in effect," Corsi said. "Unless it is stopped, it will turn into a North American Union with an Amero."
The official federal Web site for the SPP has a section dedicated to busting the North American Union as myth.
"The SPP does not attempt to modify our sovereignty or currency or change the American system of government designed by our Founding Fathers,"the site says.
But that has not stopped a growing opposition to the North American Union by groups such as the Eagle Forum, The Conservative Caucus and the John Birch Society.
'Wanted' individual
The North American Union also has been fodder for cable television commentators: CNN's Lou Dobbs and Fox's Bill O'Reilly.Perry fueled his role in the debate in June by attending the Bilderberg annual conference, a secretive closed-door meeting of about 120 business, government and media leaders from Europe and North America.
Republican presidential candidate and U.S. Rep. Ron Paul of Lake Jackson was asked about the trip on the syndicated talk radio show of Alex Jones in June. Paul said the trip was "a sign that he's involved in the international conspiracy."
Jones' Web site features mug shot-like photos of Perry labeled "Wanted for Treason." Jones in an interview said Perry's trip and the Trans-Texas Corridor show a willingness by the governor to sell out Texas' infrastructure to international bankers.
"Perry is actively waging war, economically in the interests of the elites and neomercantilism," Jones said.
The 2001 book Toward a North American Community: Lessons from the Old World for the New by Robert A. Pastor, an American University professor and director of the Center for Democracy and Election Management, is cited by Corsi as the blueprint for the merger.
"I've never proposed a North American Union," Pastor said. "The only people who talk about a North American Union are those people who are trying to generate fear."
Belief in sovereignty
Pastor said greater cooperation between the three countries makes sense for both economics and internal security.Pastor said those promoting the conspiracy are doing so because of "historical xenophobia," "a fear of immigrants, mostly from Mexico" and a "traditional isolationism."
Black said there is no way the governor would support merging the U.S. with its neighbors.
"The governor is a firm believer in the sovereignty of the United States. Too many of our brave men and women have died defending it," Black said.
Sunday, July 29, 2007
Hold Those Tolls! Lege leaves question: How will we pay for roads?
By Larry Schooler - The Austin Chronicle - July 27, 2007
It was Dec. 16, 2004, and Rep. Mike Krusee, R-Round Rock, was sitting pretty. He was virtually a guest of honor at a meeting of the Texas Transportation Commission, across the street from his Capitol office. A little more than a year before, as chairman of the House Transportation Committee, Krusee had successfully carried the behemoth House Bill 3588. Among its many and complex provisions, the bill helped smooth the way for Gov. Rick Perry to get the Texas Transportation Commission to approve early plans for the Trans-Texas Corridor. Stretching from Mexico to Oklahoma, the corridor would be a mammoth transportation project running parallel to I-35. As conceived, it would include free and tolled highway lanes, as well as rail and utility lines, and would be built and maintained by the privately held Spanish company Cintra (an international operator of toll roads and car parks) and the San Antonio-based Zachry Construction Corp.
At the Texas Transportation Commission meeting, attended by the governor himself, Krusee didn't say much. Actions spoke louder than words -- and on this day, the commission was acting on a project he had fought long and hard to convince legislators to support. By way of acknowledgment, commission Chairman Ric Williamson duly praised Krusee for his work at the Capitol. Krusee had a flight to catch, but first he took the floor for a brief stroll down memory lane.
"I started thinking about the first time that I met Ric Williamson," Krusee recalled, according to a meeting transcript. It was 1992, and Krusee had just been elected to the House; then-Rep. Williamson invited the 32-year-old Krusee to his apartment. "So I went over there, and Ric had one of his good friends over there, and that was the night I met Rick Perry, who was the ag commissioner, and we talked long into the night about accomplishing great things for Texas, about how to be a great leader for Texas. And we weren't thinking about how to be on Texas Monthly's 10 best [list] -- but you know, Ric, I think we were talking about days like this.
"And you know, governor," Krusee continued, "A little over two years ago when you made that presentation [about the Trans-Texas Corridor] in the auditorium at the Capitol, and I was in the audience, and like everybody else out there, I didn't really fully grasp what the hell you were talking about." The audience laughed.
"You do now, don't you?" asked Perry.
"I do now," Krusee replied. "And I want to congratulate you on your vision and your leadership, and the commission and your staff on your hard work, because you have made this, I think sincerely, the most historic day in transportation, not just for Texas, but for the United States since Eisenhower." With that, Krusee left the meeting.
Flash forward nearly 21/2 years -- to May 2, 2007. Chairman Krusee stood on the House floor, without a single transportation ally. Every House member present, except Krusee alone, voted in favor of HB 1892, which included a two-year moratorium on many of the public-private partnerships such as the one the Texas Department of Transportation had developed with Cintra-Zachry to build the Trans-Texas Corridor. "Who knew that trying to reduce congestion could be such a lonely fight?" wondered Coby Chase, who monitors the Legislature for TxDOT.
Perry eventually vetoed HB 1892, but a nearly identical Senate substitute, Senate Bill 792, later handily passed both the House and Senate, and Perry signed it into law. The massive bill forbids TxDOT from negotiating a tolling agreement with a private company until Sept. 1, 2009, exempting some projects already under way. Even among those exempted projects, some got swept up in the post-session, anti-privatization maelstrom. For instance, at its June meeting, the Texas Transportation Commission awarded a contract for the State Highway 121 project (in the Dallas/Fort Worth Metroplex) to the North Texas Tollway Authority -- after initially awarding the contract to Cintra.
SB 792 also states that if a company paid TxDOT money up front for the rights to build a toll road in a particular region, TxDOT must use that money on other projects in that region. It requires TxDOT to give local tolling agencies preferential treatment over private companies by giving them free right-of-way and the right of first refusal on building toll roads. In essence, the Legislature left private companies interested in transportation on the bench for the next two years.
Politics or Policy?
So what happened? How could Rep. Krusee, four years earlier, convince all but three members of the House to approve legislation that enabled private companies to build highways, only to find that entire concept rejected out of hand this year? Not surprisingly, it depends on whom you ask.
"What happened was," Krusee said after the session, "TxDOT was going not just against the traditional rural opposition to road building but against Dallas and Houston in a turf battle over who would build the roads." In Dallas, Houston, Austin, and elsewhere, public toll-road authorities were getting outgunned by private companies like Cintra, and they weren't happy, Krusee says, so they asked their legislators to give tolling authorities right of first refusal. Krusee didn't take it personally that he seemed to be the only member of the House who wanted private companies to continue building roads. "I think it was a political vote," he said. "Members thought it was necessary to vote that way to get votes back home; they felt like they'd be criticized for voting against it."
Chase agrees with Krusee and points to the larger political context. "During this last election cycle, we had a candidate for governor; she liked to campaign against foreigners and against toll roads," Chase explained, in reference to gubernatorial candidate Carole Keeton Strayhorn, who ran against Perry as an independent. "And then we had the [federal] Dubai Ports issue, and this was such a misleading discussion in the public. ... This Dubai company wouldn't own any port; they were just going to run them, and the government would lease it to them. Then Cintra becomes the successful proposer on the corridor and ... it kind of kick-started the 'no foreigners doing business in Texas' discussion."
But David Stall, of the anti-Trans-Texas Corridor group CorridorWatch, has a less benign explanation. Stall says legislators belatedly did their homework on public-private partnerships. "The Legislature did not recognize the shift in transportation policy that they were creating" in 2003, Stall said. "We started to see some handwriting on the wall in 2005, with some moratorium bills that didn't go anywhere. The reason they didn't go anywhere was we were still educating people. I think if legislators were educated in 2003 on what the corridor was, if they had understood it, they would not have voted to authorize its creation."
Looking for Consensus
Enter former Austin mayor and freshman Sen. Kirk Watson. Watson wasn't around in 2003 for the original vote on the corridor and agreements with private companies to build toll roads. But he came to the Lege with voices ringing loudly in his ear -- those of his new constituents. "Part of the reason there is this vitriolic, partisan [no-toll or toll] debate is that we haven't had a thoughtful, systematic, transparent means of analyzing what we want to do," he says. "There are clearly two agreements in this community -- one, we are too badly congested, and two, we want it fixed. When we get to three -- how to do it -- now it's not as unanimous."
Watson is unconvinced that letting a private company pay for, build, and make a profit on a new road is the best way to go. "I was skeptical of these comprehensive development agreements -- how long they were, their noncompete clauses. ... I happen to be a believer that if you're going to privatize, it should be for the stuff the public can't get done. I wasn't convinced -- at beginning or end of session -- that we weren't going to just have privatization on stuff that we couldn't get done in the public sector."
In other words, Watson didn't want profit-minded private companies building roads that could be built by government -- especially if, under noncompete clauses, the state has to pay the companies back for highways that take traffic (and potential income) away from the private toll roads. "I wanted to allow local communities to have more say," Watson explained. "It struck me that one of the things that was missing in the process was we needed more accountability in the system, and that probably meant elected officials having a role." That potentially means fewer deals with private companies and more for state tolling authorities or transportation commissions.
Watson had more than just his own rookie legislative voice to add to the discussion -- in January, he became chairman of the Capital Area Metropolitan Planning Organization (the group in charge of the region's transportation projects) and vice chairman of the Senate Transportation Committee. At his suggestion, CAMPO indefinitely postponed any talk of a second phase of toll roads until it can take more time to sort out how best to finance transportation projects.
But the Legislature's decision to halt most road-building agreements with private companies leaves Central Texas in a bind, as Krusee sees it, when it comes to decongesting traffic. "To my mind, the bad thing about what the Legislature did this session was it took that option away" -- the option to have a private company get started now on building a given road. The Legislature's action doesn't mean that Austin or the surrounding jurisdictions can't build any more toll roads, but it means they can't call on a private company to do so. So as Krusee sees it, we're back at ground zero: Lacking sufficient up-front public funding, the state, via TxDOT, had been looking toward private companies as ideally positioned to help build roads quickly and efficiently, based on the promise of future toll revenue. Now that option is off the table, at least temporarily.
With toll roads built by private companies, says TxDOT's Chase, "You [the state] give up some future revenue to get a project now. You get a guaranteed price on the project, you are guaranteed the project will be returned to you in a certain condition, and the price you pay is you say the company can realize a profit on this over a certain amount of time. Some people had concerns of unlimited company profits without ever reading what the contracts were -- the companies can't raise tolls any time they want. If the profits get to a certain point, it goes back to the region to build more roads."
Often, as was the case with Cintra and the Trans-Texas Corridor, the company pays a large sum -- generally billions of dollars -- to buy the rights to build a road, which could mean the state could get other projects started more quickly using those advance funds.
Even Watson, skeptical as he is that a private company can handle transportation any better than the state, admits that a moratorium on deals with private companies could make it harder to do anything significant about area congestion for the next couple of years. "We're going to need to be honest about limitations of financing tools," he says. "In the state appropriations bill, there was an effective decrease in transportation money, when you consider inflation. There has been more moving of funds from transportation. Many people say they want an increase in gas tax; the House approved a gas tax holiday that would have taken away gas tax money for three months out of the year [that measure died in the Senate]. The money offered to states from federal government is being decreased; we just got notice that federal money rescinded $72 million more. We're going to have to start being honest about the limitations we have on being able to meet the need to fix the problem."
Stranded on the Highway
To that end, Watson has been meeting every two weeks with a CAMPO's Mobility Finance Task Force, which includes elected officials, outside transportation experts, even the executive director of the Community Partnership for the Homeless. Meanwhile, TxDOT has given preliminary approval to a set of toll projects in the Austin area, including some "managed lanes" (for use, say, by carpoolers or during rush hour) as well as the second phase of toll roads Watson doesn't want to talk about for now. TxDOT is also holding a series of public meetings later this year to explain the ramifications of what the Legislature did in suspending many of the proposed deals with private companies.
"We're doing things that no other department of transportation is doing," says Chase. "We're learning it as we go, and we have never ever had to engage the public on this large a scale in our 90-plus years of existence. And in many cases, we underestimated that challenge."
That last sentiment could also apply to those who want to do something about Austin's traffic congestion. If the Lege managed to placate the anti-toll crowd, at least for the time being, it didn't do much to make it any easier to travel on Central Texas highways, nor to address long-term projections that show regional traffic only getting worse. More broadly, the moratorium doesn't begin to address larger questions raised by traditional highway approaches to transportation: land use, mass transit options, pollution and global warming issues, or even integrated urban planning that might make transportation issues less intractable and expensive.
Those are the kind of issues that Sally Campbell hoped the Legislature would consider. Campbell is the executive director of Envision Central Texas, a 6-year-old nonprofit coalition aimed at addressing regional growth. Campbell wanted to hear more discussion and action on giving counties more control over land uses around future highways and relocating Union Pacific away from rail lines that commuters could use. "When we truly want to see this multimodal transportation system develop, the next step is to look at the transit options. And right now, we're trying to figure out what will work and what's the logical system. If you can think about commuter rail from San Antonio to Georgetown by relocating Union Pacific, that makes a whole other mode within the realm of possibility."
But rail relocation, and most other proposals for broadening the state's transportation options, remained stuck at the station during the 80th Legislature. What most legislators wanted to discuss was how to pay for new roads and where to put them. Whether Krusee's interest in more privatization or Watson's desire for greater accountability in transportation policy ultimately win the day in the current discussions, it could be two years -- or more -- before getting around seems much easier, even though commuter rail could start running through the region by the end of 2008.
That will be just in time for the 81st Legislature -- and a whole new set of political detours during the next round of transportation debates.
Read more
It was Dec. 16, 2004, and Rep. Mike Krusee, R-Round Rock, was sitting pretty. He was virtually a guest of honor at a meeting of the Texas Transportation Commission, across the street from his Capitol office. A little more than a year before, as chairman of the House Transportation Committee, Krusee had successfully carried the behemoth House Bill 3588. Among its many and complex provisions, the bill helped smooth the way for Gov. Rick Perry to get the Texas Transportation Commission to approve early plans for the Trans-Texas Corridor. Stretching from Mexico to Oklahoma, the corridor would be a mammoth transportation project running parallel to I-35. As conceived, it would include free and tolled highway lanes, as well as rail and utility lines, and would be built and maintained by the privately held Spanish company Cintra (an international operator of toll roads and car parks) and the San Antonio-based Zachry Construction Corp.
At the Texas Transportation Commission meeting, attended by the governor himself, Krusee didn't say much. Actions spoke louder than words -- and on this day, the commission was acting on a project he had fought long and hard to convince legislators to support. By way of acknowledgment, commission Chairman Ric Williamson duly praised Krusee for his work at the Capitol. Krusee had a flight to catch, but first he took the floor for a brief stroll down memory lane.
"I started thinking about the first time that I met Ric Williamson," Krusee recalled, according to a meeting transcript. It was 1992, and Krusee had just been elected to the House; then-Rep. Williamson invited the 32-year-old Krusee to his apartment. "So I went over there, and Ric had one of his good friends over there, and that was the night I met Rick Perry, who was the ag commissioner, and we talked long into the night about accomplishing great things for Texas, about how to be a great leader for Texas. And we weren't thinking about how to be on Texas Monthly's 10 best [list] -- but you know, Ric, I think we were talking about days like this.
"And you know, governor," Krusee continued, "A little over two years ago when you made that presentation [about the Trans-Texas Corridor] in the auditorium at the Capitol, and I was in the audience, and like everybody else out there, I didn't really fully grasp what the hell you were talking about." The audience laughed.
"You do now, don't you?" asked Perry.
"I do now," Krusee replied. "And I want to congratulate you on your vision and your leadership, and the commission and your staff on your hard work, because you have made this, I think sincerely, the most historic day in transportation, not just for Texas, but for the United States since Eisenhower." With that, Krusee left the meeting.
Flash forward nearly 21/2 years -- to May 2, 2007. Chairman Krusee stood on the House floor, without a single transportation ally. Every House member present, except Krusee alone, voted in favor of HB 1892, which included a two-year moratorium on many of the public-private partnerships such as the one the Texas Department of Transportation had developed with Cintra-Zachry to build the Trans-Texas Corridor. "Who knew that trying to reduce congestion could be such a lonely fight?" wondered Coby Chase, who monitors the Legislature for TxDOT.
Perry eventually vetoed HB 1892, but a nearly identical Senate substitute, Senate Bill 792, later handily passed both the House and Senate, and Perry signed it into law. The massive bill forbids TxDOT from negotiating a tolling agreement with a private company until Sept. 1, 2009, exempting some projects already under way. Even among those exempted projects, some got swept up in the post-session, anti-privatization maelstrom. For instance, at its June meeting, the Texas Transportation Commission awarded a contract for the State Highway 121 project (in the Dallas/Fort Worth Metroplex) to the North Texas Tollway Authority -- after initially awarding the contract to Cintra.
SB 792 also states that if a company paid TxDOT money up front for the rights to build a toll road in a particular region, TxDOT must use that money on other projects in that region. It requires TxDOT to give local tolling agencies preferential treatment over private companies by giving them free right-of-way and the right of first refusal on building toll roads. In essence, the Legislature left private companies interested in transportation on the bench for the next two years.
Politics or Policy?
So what happened? How could Rep. Krusee, four years earlier, convince all but three members of the House to approve legislation that enabled private companies to build highways, only to find that entire concept rejected out of hand this year? Not surprisingly, it depends on whom you ask.
"What happened was," Krusee said after the session, "TxDOT was going not just against the traditional rural opposition to road building but against Dallas and Houston in a turf battle over who would build the roads." In Dallas, Houston, Austin, and elsewhere, public toll-road authorities were getting outgunned by private companies like Cintra, and they weren't happy, Krusee says, so they asked their legislators to give tolling authorities right of first refusal. Krusee didn't take it personally that he seemed to be the only member of the House who wanted private companies to continue building roads. "I think it was a political vote," he said. "Members thought it was necessary to vote that way to get votes back home; they felt like they'd be criticized for voting against it."
Chase agrees with Krusee and points to the larger political context. "During this last election cycle, we had a candidate for governor; she liked to campaign against foreigners and against toll roads," Chase explained, in reference to gubernatorial candidate Carole Keeton Strayhorn, who ran against Perry as an independent. "And then we had the [federal] Dubai Ports issue, and this was such a misleading discussion in the public. ... This Dubai company wouldn't own any port; they were just going to run them, and the government would lease it to them. Then Cintra becomes the successful proposer on the corridor and ... it kind of kick-started the 'no foreigners doing business in Texas' discussion."
But David Stall, of the anti-Trans-Texas Corridor group CorridorWatch, has a less benign explanation. Stall says legislators belatedly did their homework on public-private partnerships. "The Legislature did not recognize the shift in transportation policy that they were creating" in 2003, Stall said. "We started to see some handwriting on the wall in 2005, with some moratorium bills that didn't go anywhere. The reason they didn't go anywhere was we were still educating people. I think if legislators were educated in 2003 on what the corridor was, if they had understood it, they would not have voted to authorize its creation."
Looking for Consensus
Enter former Austin mayor and freshman Sen. Kirk Watson. Watson wasn't around in 2003 for the original vote on the corridor and agreements with private companies to build toll roads. But he came to the Lege with voices ringing loudly in his ear -- those of his new constituents. "Part of the reason there is this vitriolic, partisan [no-toll or toll] debate is that we haven't had a thoughtful, systematic, transparent means of analyzing what we want to do," he says. "There are clearly two agreements in this community -- one, we are too badly congested, and two, we want it fixed. When we get to three -- how to do it -- now it's not as unanimous."
Watson is unconvinced that letting a private company pay for, build, and make a profit on a new road is the best way to go. "I was skeptical of these comprehensive development agreements -- how long they were, their noncompete clauses. ... I happen to be a believer that if you're going to privatize, it should be for the stuff the public can't get done. I wasn't convinced -- at beginning or end of session -- that we weren't going to just have privatization on stuff that we couldn't get done in the public sector."
In other words, Watson didn't want profit-minded private companies building roads that could be built by government -- especially if, under noncompete clauses, the state has to pay the companies back for highways that take traffic (and potential income) away from the private toll roads. "I wanted to allow local communities to have more say," Watson explained. "It struck me that one of the things that was missing in the process was we needed more accountability in the system, and that probably meant elected officials having a role." That potentially means fewer deals with private companies and more for state tolling authorities or transportation commissions.
Watson had more than just his own rookie legislative voice to add to the discussion -- in January, he became chairman of the Capital Area Metropolitan Planning Organization (the group in charge of the region's transportation projects) and vice chairman of the Senate Transportation Committee. At his suggestion, CAMPO indefinitely postponed any talk of a second phase of toll roads until it can take more time to sort out how best to finance transportation projects.
But the Legislature's decision to halt most road-building agreements with private companies leaves Central Texas in a bind, as Krusee sees it, when it comes to decongesting traffic. "To my mind, the bad thing about what the Legislature did this session was it took that option away" -- the option to have a private company get started now on building a given road. The Legislature's action doesn't mean that Austin or the surrounding jurisdictions can't build any more toll roads, but it means they can't call on a private company to do so. So as Krusee sees it, we're back at ground zero: Lacking sufficient up-front public funding, the state, via TxDOT, had been looking toward private companies as ideally positioned to help build roads quickly and efficiently, based on the promise of future toll revenue. Now that option is off the table, at least temporarily.
With toll roads built by private companies, says TxDOT's Chase, "You [the state] give up some future revenue to get a project now. You get a guaranteed price on the project, you are guaranteed the project will be returned to you in a certain condition, and the price you pay is you say the company can realize a profit on this over a certain amount of time. Some people had concerns of unlimited company profits without ever reading what the contracts were -- the companies can't raise tolls any time they want. If the profits get to a certain point, it goes back to the region to build more roads."
Often, as was the case with Cintra and the Trans-Texas Corridor, the company pays a large sum -- generally billions of dollars -- to buy the rights to build a road, which could mean the state could get other projects started more quickly using those advance funds.
Even Watson, skeptical as he is that a private company can handle transportation any better than the state, admits that a moratorium on deals with private companies could make it harder to do anything significant about area congestion for the next couple of years. "We're going to need to be honest about limitations of financing tools," he says. "In the state appropriations bill, there was an effective decrease in transportation money, when you consider inflation. There has been more moving of funds from transportation. Many people say they want an increase in gas tax; the House approved a gas tax holiday that would have taken away gas tax money for three months out of the year [that measure died in the Senate]. The money offered to states from federal government is being decreased; we just got notice that federal money rescinded $72 million more. We're going to have to start being honest about the limitations we have on being able to meet the need to fix the problem."
Stranded on the Highway
To that end, Watson has been meeting every two weeks with a CAMPO's Mobility Finance Task Force, which includes elected officials, outside transportation experts, even the executive director of the Community Partnership for the Homeless. Meanwhile, TxDOT has given preliminary approval to a set of toll projects in the Austin area, including some "managed lanes" (for use, say, by carpoolers or during rush hour) as well as the second phase of toll roads Watson doesn't want to talk about for now. TxDOT is also holding a series of public meetings later this year to explain the ramifications of what the Legislature did in suspending many of the proposed deals with private companies.
"We're doing things that no other department of transportation is doing," says Chase. "We're learning it as we go, and we have never ever had to engage the public on this large a scale in our 90-plus years of existence. And in many cases, we underestimated that challenge."
That last sentiment could also apply to those who want to do something about Austin's traffic congestion. If the Lege managed to placate the anti-toll crowd, at least for the time being, it didn't do much to make it any easier to travel on Central Texas highways, nor to address long-term projections that show regional traffic only getting worse. More broadly, the moratorium doesn't begin to address larger questions raised by traditional highway approaches to transportation: land use, mass transit options, pollution and global warming issues, or even integrated urban planning that might make transportation issues less intractable and expensive.
Those are the kind of issues that Sally Campbell hoped the Legislature would consider. Campbell is the executive director of Envision Central Texas, a 6-year-old nonprofit coalition aimed at addressing regional growth. Campbell wanted to hear more discussion and action on giving counties more control over land uses around future highways and relocating Union Pacific away from rail lines that commuters could use. "When we truly want to see this multimodal transportation system develop, the next step is to look at the transit options. And right now, we're trying to figure out what will work and what's the logical system. If you can think about commuter rail from San Antonio to Georgetown by relocating Union Pacific, that makes a whole other mode within the realm of possibility."
But rail relocation, and most other proposals for broadening the state's transportation options, remained stuck at the station during the 80th Legislature. What most legislators wanted to discuss was how to pay for new roads and where to put them. Whether Krusee's interest in more privatization or Watson's desire for greater accountability in transportation policy ultimately win the day in the current discussions, it could be two years -- or more -- before getting around seems much easier, even though commuter rail could start running through the region by the end of 2008.
That will be just in time for the 81st Legislature -- and a whole new set of political detours during the next round of transportation debates.
Read more
Saturday, June 9, 2007
Lobbyist describes status of toll roads
by LAUREN THOMPSON - Longview News-Journal - Friday, June 08, 2007
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Hank Gilbert was not impressed with the 80th meeting of the Texas Legislature.
Gilbert, a former candidate for agriculture commissioner and Democratic anti-toll road lobbyist, offered his opinions and reported on his efforts, specifically on bills concerning the toll roads, at the Texas Democratic Women of Gregg County's monthly meeting Thursday.
"The 80th session probably had some high points," he said of the Democrats' progress. "But I didn't see them; except the raising of the minimum wage to $7.25, which won't go into effect for another two years."
Gilbert spoke in detail about Texas House Bill 1892, a piece of toll-road legislation putting a two-year moratorium on all toll-road projects.
"They said, 'Hey, let's stop where we are, study the vitality of these roads and make a decision from there,'" he said.
The bill was approved by the House and the Senate with a combined vote of 166-5. Gov. Rick Perry promised to veto the bill, prompting the Senate to compromise with Senate Bill 792. This new edition added amendments protecting certain roads and businesses from the two-year moratorium, including the development of Interstate 69, as it would hinder the economic development of the Rio Grande Valley. Interstate 69 is expected to extend from Northeast Texas to Mexico.
He said he saw this compromise as big business deliberately infringing upon smaller towns' rights, which will be affected if the Trans-Texas Corridor continues adding highways through small towns.
The Trans-Texas Corridor is a 4,000 mile plan of tollways, according to texastollparty.com.
"We have to work together to campaign against the legislators down in Austin who aren't there to represent their people regardless of their political party," he said.
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Friday, May 18, 2007
SB 792 about summer break, not passing a good bill
May 18th, 2007 by Terri Hall (Executive Director of T.U.R.F. and San Antonio Toll Party)
READ MORE about MARKET VALUATION language in SB 792
The REAL truth behind today is that Governor Perry called the Legislature’s bluff. He successfully did what he did to win re-election…he got North Texas and Harris County to drink his poison pill last weekend (remember that three extra days he bought himself for arm-twisting by refusing to accept HB 1892), which was evidenced by the unanimous vote of the Senate Monday.
This is why veto overrides are so rare. The whole thing was a ruse. The Senate used HB 1892’s vote margins as leverage to get Perry to the table. They never intended to override him. Harvey Kronberg was right! The rest of this was a foregone conclusion ever since. Our San Antonio guys were ready to vote against this disastrous “compromise,” but voted for it since HB 1892 had a loophole for the corridor. So SB 792 with all it’s horrific flaws was the only means to get a moratorium that also included TTC 35. San Antonio roads were already in both (even stronger language made it into SB 792).
However, there are so many exceptions to this moratorium, that of all the CDAs currently being negotiated, only TTC 35, San Antonio, and El Paso are in it. The moratorium does stop TxDOT from signing more. So here we are again in yet another session where a last minute omnibus transportation bill where the good stuff gets watered down and the bad stuff gets rushed through with people voting on things WITH NO DEBATE. They had a shell of a debate with foregone conclusions at the outset. It ended up being like what happened to Senator Robert Nichols who was sandbagged and brought in and asked for his opinion on the bill AFTER they had the votes to outnumber him.
Word in the “back room” today was follow Wayne Smith. The leadership said if he votes for something, follow. If he votes against, follow. That’s what the Governor wants. So it went something like this: thumbs up, thumbs down, that’s our ticket out of town. They had a special room off to the side of the House floor with TxDOT arm twisters…they defeated Macias’ amendment to restore open government and allow PUBLIC access to toll feasibility studies….they shut down EVERYTHING. In fact, Smith said he would testify in favor of Macias’ amendment to keep toll studies OPEN to the PUBLIC, then he turned on him at the last minute. Smith couldn’t look Macias in the eye afterwards…what a TRAITOR! That’s what they were being told would avoid a special session.
I love how these sorry excuses for human beings sleep at night when they worry more about missing summer vacation than passing a good bill (stripping this “market valuation” language) or doing what the citizens ask. Don’t get mad at our San Antonio reps who heard you loud and clear; they asked us how to vote…we did the best we could given the circumstances. At least we could get the TTC 35 fixed. It’s the North Texas and Harris County reps that sold the rest of the state out.
If you want to take out your venom on someone, it’s the Senate. John Carona’s office assured us “no compromises” on the key provisions like the buy-back clauses. They said they were pushing to get the equivalent of HB 1892 or better. I beg to differ, it’s worse, far worse! This bill kicks the teeth out of the killer clause that would have chased off private operators for good. Instead, they’re just crippled. We could have knocked it out of the ballpark, but our representatives acted more like politicians than public servants. The Senate set the example of caving into the pressure so the House followed suit. They didn’t have the guts to take this Governor down and override his veto. They wanted summer break more than fighting FOR the citizens of Texas. That market valuation language will bury this state under oppressive tolls if we don’t beat that door down next session.
Guess Senator Carona’s concerns about high tolls only applies when they’re going to Cintra instead of his tolling authority. Both fleece the taxpayer, except under the PUBLIC toll road fleecing they justify it this way: “at least those high tolls go to build more roads.” Goodie! Are these Republicans we’re talking about here? Because this sounds like tax and spend if I’ve ever heard it.
We did get an amendment that PUT 281/1604 UNDER the moratorium (stronger than previous intent language)…but our REAL problem now is Perry’s NEW language that allows the same “market value” poison to be inflicted on us through PUBLIC tolling entities…we only stopped CDAs, not the toll train. They get you coming and going…
Market valuation just opened a new can of worms. TTC 69 is still on the table though support for it as a CDA is already starting to crack. The best medicine? VOTE the rascals out.
Perry is poison for this State and no one will go up against him even though we handed them the golden opportunity for a showdown with this Governor. Even Rep. Joe Pickett voted with KRUSEE!!!
All we truly got today was TTC 35 in the moratorium…everything else just got worse. The Governor beat them with his billy club and they said Uncle inside of 30 seconds without a whimper. Like Lee Iacocca says in his new book, Where have all the Leaders Gone?
Look, at this Ben Wear story (below)…today was all about making it acceptable to the Governor, and turf battles over the pot of money they can extract from “market-based” highways rather than about the PEOPLE of TX that have to pay for these horrific decisions for generations (with interest!)!
READ MORE about MARKET VALUATION language in SB 792
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