Showing posts with label Keep Texas Moving Ad Campaign. Show all posts
Showing posts with label Keep Texas Moving Ad Campaign. Show all posts

Thursday, October 18, 2007

TxDOT coached on thwarting toll foes on talk radio

Peggy Fikac - Express- News Austin bureau AUSTIN — 10/17/2007
When Texas transportation officials talk about bridges these days, they don't necessarily mean steel spans and concrete girders. Instead, they are being taught how to "bridge" from off-message questions to their own talking points in a toll-road campaign.
"You will often be asked questions that don't get to the points you wish to make or that you don't wish to answer," says a "radio interview techniques" section of Texas Department of Transportation documents released under the Public Information Act. "You can use bridging to turn the question to your points."

One useful phrase, suggests the document — prepared by consultants who are to be paid $24,500 for talk-radio training for the campaign, and tweaked by the department — is this: "I think what you are really asking is ..."

The document also offers this timeless advice: "Keep calm. Leave wrestling to the pigs. They always end up looking like pigs."

The training document is part of the multimillion-dollar Keep Texas Moving campaign, the subject of a court hearing today.

The hearing comes after activist Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom filed a court petition to stop the agency from spending public funds on the campaign, projected to cost $7 million to $9 million in highway money.

Hall also wants to block any lobbying attempts by transportation officials to persuade Congress to allow more toll roads.

The Keep Texas Moving campaign has a focus on toll roads and the Trans-Texas Corridor network. Both are touted by GOP Gov. Rick Perry and others as necessary in the face of congestion and gas-tax revenues that fall short of meeting road needs. Criticism has centered on the potential corridor route and on the state partnering with private firms to run toll roads.

In her court filing, Hall contends that transportation officials, in promoting the initiatives, are violating a ban on lobbying and on using their authority for political purposes.

The state says TxDOT is allowed by law to promote toll projects and that its campaign is a response to a call from the public and from elected officials for more information on road initiatives.

State District Judge Orlinda Naranjo of Travis County last month refused to order an immediate stop to the spending. Naranjo today will consider a state request that she dismiss the case.

The state contends the legal complaint is moot because an existing contract for media services was due to end Sept. 30.

Thompson Marketing of San Antonio got a state contract of nearly $2 million last year for the first phase of the project, which included a marketing development plan and such items as TV and radio spots, print ads, internet banner ads and billboards.

The company billed the agency in March regarding a Senate transportation hearing and in April and May for "legislature, media monitoring for strategic planning, messaging." Lawmakers this year worked to curb new private toll projects.

The state plans no more spending on "any future media placement under the current Keep Texas Moving campaign" but still needs to pay Thompson Marketing for some previous work, said an affidavit by Helen Havelka, the campaign's manager.

The agency also has a $20,000 contract for talk-radio training for transportation officials with the Rodman Co., which subcontracted with ViaNovo, whose team includes former Bush strategist Matthew Dowd. It plans another $4,500 training class, and the two consulting companies plan two telephone town-hall meetings at a cost of $17,480.

Rodman and ViaNovo worked on the radio training guide, said TxDOT spokesman Chris Lippincott, who also had input on the document, titled "Talking on Talk Radio."

"The talk radio environment runs the gamut from productive and thoughtful to vitriolic and silly," Lippincott said. "We certainly want to prepare (agency spokespeople) for all possibilities, and that includes everyone from a skeptical talk-show host to an outright hostile caller."
Read more in the San Antonio Express News

Friday, September 21, 2007

Lawsuit to STOP TxDOT’s illegal lobbying postponed to Monday!


State objected to judge, will attempt to throw it in an appeals court black hole

By Terri Hall - T.U.R.F. - Thursday, September 20, 2007
In Travis County District Court today, TURF Founder Terri Hall, filed a petition for a temporary restraining order against the Texas Department of Transportation (TxDOT) to immediately halt its illegal taxpayer funded, toll road campaign. Judges from all over the state are at a conference in Galveston, TX so a visiting judge, Bill Bender, was assigned the case. The lawyer with the Attorney General’s office, Kristina Silcox, representing individuals employed by TxDOT who are named in the suit, objected to the judge, and having no available replacement, the hearing for a temporary restraining order was postponed until Monday.

Judge Bender was apparently unacceptable to the State since he resides in Seguin, which happens to be in the path of the Trans Texas Corridor.

“TxDOT didn’t want this case heard before a judge whose community is deeply affected by the Trans Texas Corridor,” thinks Hall. "Every day this case isn't heard is another day TxDOT illegally spends taxpayer money on a toll road ad campaign."

Silcox also entered a plea to the jurisdiction, which is the State’s new playbook to force a strong case into an appeals court abyss (as they did with a lawsuit against the Metropolitan Planning Organizations filed in October of 2005 and is still stuck in an appeals court black hole: read about it here.). The State’s argument will not hold up but it won’t matter. The code, changed in 2005, allows the State to dump any good case it stands to lose by doing a fast track appeal as soon as they lose a motion and BEFORE the case is EVER heard! If they win the motion, the case is dismissed. Either way, they’ll call it a win.

“Not so fast,” says Hall. “These fast track appeals are the State's get out of jail free card and resemble the State's fast track eminent domain that forcibly removes landowners in 90 days. We knew they’d try this and we’ll combat it so that this case is heard and TxDOT is FORCED to comply with the LAW! I thought we are a nation governed by the rule of law, but since Governor Perry took office and started promoting his toll road schemes, he and his transportation commission rule more like an oligarchy. Even with a stacked deck, the people of Texas seek justice and will fight on.”

This lawsuit is brought pursuant to § 37, Texas Civil Practice and Remedies Code. TxDOT’s expenditure of public funds for the Keep Texas Moving campaign is illegal, and an injunction prohibiting any further illegal expenditures in this regard.

TxDOT has violated § 556.004 of the Texas Government Code by directing the expenditure of public funds for political advocacy in support of toll roads and the Trans Texas Corridor, and have openly indicated TxDOT’s intention to directly lobby the United States Congress in favor of additional toll road programs.

On August 22, 2007, TURF filed a formal complaint with Travis County District Attorney Ronnie Earle to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here . Today’s petition seeks immediate injunctive relief in a civil proceeding.

“Between TxDOT’s PR campaign, report to Congress asking that all limitations on tolling be lifted including buying back existing interstates, and Chairman Ric Williamson's recent trip to D.C. lobbying for the same, it's clear they've not only crossed the line into illegal lobbying, but they leaped over it,” says Hall.

TxDOT’s report to Congress, Forward Momentum, ignited a category 5 blowback that prompted Senator Kay Bailey Hutchison and U.S. Representatives Charlie Gonzalez,and Ciro Rodriguez to file legislation (S 2019 and HR 3510) to halt the tolling of existing interstates and to prohibit TxDOT from buying back interstates for the purpose of tolling them (read more here). TxDOT’s actions also prompted Rep. Rodriguez to call for a House Transportation and Infrastructure Committee hearing on converting interstates to tollways and on TxDOT's ad campaign (read more here.).

Thursday, September 20, 2007

T.U.R.F. files lawsuit to stop TxDOT's ad campaign!

By Terri Hall - T.U.R.F.- Sept. 20, 2007
Lawsuit filed to STOP TxDOT’s illegal lobbying
TURF Founder seeks temporary restraining order to halt public relations campaign


Thursday, September 20, 2007 – TURF Founder Terri Hall has filed a petition for a temporary restraining order against the Texas Department of Transportation (TxDOT) in Travis County District Court and the case is scheduled to come before visiting Judge Bill Bender at 3 PM.

The petition also seeks injunctive relief, including Temporary Restraining Order against Steven E. Simmons, P.E. Individually and as Interim Executive Director of the Texas Department of Transportation and Coby Chase, Individually and as Director of the Texas Department of Transportation Government and Public Affairs Division. This lawsuit is brought pursuant to § 37, Texas Civil Practice and Remedies Code. TxDOT’s expenditure of public funds for the Keep Texas Moving campaign is illegal, and an injunction prohibiting any further illegal expenditures in this regard.TxDOT has violated § 556.004 of the Texas Government Code by directing the expenditure of public funds for political advocacy in support of toll roads and the Trans Texas Corridor, and have openly indicated TxDOT’s intention to directly lobby the United States Congress in favor of additional toll road programs.

On August 22, 2007, TURF filed a formal complaint with Travis County District Attorney Ronnie Earle to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here. Today’s petition seeks immediate injunctive relief in a civil proceeding.“Between TxDOT’s PR campaign, report to Congress asking that all limitations on tolling be lifted including buying back existing interstates, and Chairman Ric Williamson’s recent trip to D.C. lobbying for the same, it’s clear they’ve not only crossed the line into illegal lobbying, but they leaped over it,” says Hall.

TxDOT’s report to Congress, Forward Momentum, ignited a category 5 blowback that prompted Senator Kay Bailey Hutchison and U.S. Representatives Charlie Gonzalez,and Ciro Rodriguez to file legislation (S 2019 and HR 3510) to halt the tolling of existing interstates and to prohibit TxDOT from buying back interstates for the purpose of tolling them (read more here). TxDOT’s actions also prompted Rep. Rodriguez to call for a House Transportation and Infrastructure Committee hearing on converting interstates to tollways and on TxDOT’s ad campaign (read more here.).

The report and ad campaign have been the topic of many editorials across Texas, including the Houston Chronicle (read more here.) and Express-News, and even TV newsrooms are weighing in with the General Manager of KSAT 12 TV in San Antonio giving a scathing review of the ad campaign read more here.

“The citizens of Texas are fed-up with TxDOT’s blatant disregard for the public’s disdain of toll roads and their infinite attempts to cram toll roads down our throats using TAXPAYER MONEY to do it! It’s high time someone puts a stop to it!” Hall admonished.

View petition and affidavits:
Petition
Terri Hall’s affidavit
Bill Barker’s affidavit

Monday, August 27, 2007

TxDOT uses gas tax money to lobby for toll roads

by Terri Hall - T.U.R.F. - Saturday, 25 August 2007

Texas Department of Transportation Uses Gas Tax Money to Lobby for Toll Roads
Activists urge investigation of Texas Department of Transportation lobbying on behalf of toll roads.
The Newspaper.com - August 24, 2007
The Texas Department of Transportation (TxDOT) has been spending millions on a public relations project designed to lobby the public and the legislature on the benefits of toll roads. The San Antonio Express News reported Monday that an internal TxDOT memo entitled "Keep Texas Moving: Tolling and Trans-Texas Corridor Outreach" suggested the agency would spend $7-9 million promoting the tolling concept. In February, the state auditor's office chided TxDOT for hiding lobbying expenses behind other, legitimate expenses.

"A total of $4.5 million associated with the 21 invoices described above was charged to the incorrect activity," the audit report stated (view excerpt). "For example, $52,000 of a $628,000 invoice that was charged to engineering was actually for public relations expenses."
Read more in the San Antonio Express News

The multi-million dollar public relations campaign began in June with paid advertisements and a slick website called Keep Texas Moving, which promotes the 4000-mile Trans-Texas Corridor proposal. Expected to be up to 1200 feet wide, the toll road will cost between $145 and $183 billion to construct and require acquisition of 9000 square miles of land. Terri Hall, founder of Texans Uniting for Reform and Freedom, opposes the Trans-Texas Corridor and today sent a letter to Travis County District Attorney Ronnie Earle urging him to open an investigation.

"It's not only an inappropriate and wasteful use of our gas tax dollars by an agency perpetually claiming it's out of money for roads, but it's illegal for a public agency to take a policy position and use the public's tax money to sell them something using an under-handed PR campaign," Hall wrote.

Don't like toll roads? TxDOT is talking to you
Peggy Fikac - Express-News Austin Bureau - 08/20/2007
AUSTIN — The Texas Department of Transportation, which complains about chronic underfunding, has launched a multimillion-dollar advertising campaign that promotes the divisive Trans-Texas Corridor plan and toll roads.
The campaign is anticipated to cost $7 million to $9 million, according to a memorandum titled "Keep Texas Moving: Tolling and Trans-Texas Corridor Outreach" sent to transportation officials by Coby Chase, director of the agency's government and public affairs division Such use of state highway fund dollars is drawing concern and questions from some. Others, including the department, say it's an important effort to educate and engage Texans.

Put Rep. Warren Chisum, chairman of the budget-writing House Appropriations Committee, in the first category.

"I wonder what for? So people wouldn't hate 'em so bad?" he said of the campaign. "It's a waste of money, and they have no business out there trying to get public opinion to be in their favor."


The money would be better spent fixing roads, Chisum, R-Pampa, added: "It would probably take care of three or four potholes."

But Rep. Mike Krusee, House Transportation Committee chairman, said the campaign addresses lawmakers' concerns by explaining new financing methods.

"The Legislature has been beating TxDOT over the head for two years, telling them they need to explain what the Trans-Texas Corridor is and why it is necessary to the public. They've been telling TxDOT they are moving too fast — they are moving before the public and the Legislature has the chance to understand what they are doing and why," said Krusee, R-Round Rock. "I think it is the Legislature that has pressured TxDOT to do this sort of program."

If the outreach is effective, Krusee said, it could save money in the long run.

"Texas is losing money for roads by the hundreds of millions of dollars every year simply due to delay, because the Legislature and the public doesn't understand the need to move to a new finance method. And so an expenditure of a few million dollars could literally save hundreds of millions of dollars per year," Krusee said.

The agency's budget is more than $7 billion for fiscal year 2007 and more than $8 billion for fiscal year 2008.

The Trans-Texas Corridor — an ambitious transportation network — and toll roads have been championed by Gov. Rick Perry and others as necessary in the face of congestion and of gas tax revenues that can't keep up with huge transportation needs.

But the initiative has drawn widespread criticism over the potential route and the state partnering with private companies to run toll roads. Lawmakers this year sought to rein in new private toll projects.

The new campaign, as outlined in the memorandum obtained by the San Antonio Express-News, started June 1 with television, radio, print, billboard and Internet advertising meant to push people to the Keep Texas Moving Web site ( www.keeptexasmoving.com).

That site compares the Trans-Texas Corridor to "Eisenhower's Interstate System." Its toll road section lists a slew of benefits including "A Choice to Go Faster" and "More Roads, More Choices, More Time."

The campaign also will include direct mail pieces on Trans-Texas Corridor segments known as TTC-35 (parallel to Interstate 35) and TTC-69 (from East Texas to Mexico); training for agency representatives to appear on talk radio; and ads, events and guest editorials surrounding hearings on TTC-69.

Sal Costello, who founded the TexasTollParty.com group because of anger over the way tollways were being planned under Perry, said, "I just don't think an agency that has been ignoring the public and ignoring our representatives for years should be able to take our tax dollars intended for freeways and spend one dime on lobbying and selling their unaccountable schemes."

TxDOT spokesman Chris Lippincott said the aim of the campaign is to address concerns that the agency hasn't done enough outreach and the public hasn't had enough input. State law allows the agency to spend money on marketing toll roads, he said.

"The clearest and most often repeated criticism of the department during the legislative session was that we needed to do a better job of engaging the public. We heard that message loud and clear, and we're acting on it," he said. "You're going to see us expanding the way we talk with people instead of at people. We think that's really important."

Craig McDonald of Texans for Public Justice, which tracks money in politics, said the campaign appears to go beyond providing information, which he said isn't right although he knows of no law to prevent it.

"The tone of their public relations campaign seems to be to sell Texans on a very unpopular transportation scheme," he said. "That is, they are using our money to make us happy about spending money for every mile we drive through tolls."

Friday, August 24, 2007

Road campaign draws criticism and praise from lawmakers

By PEGGY FIKAC - Austin Bureau The Houston Chronicle - Aug. 20, 2007
Houston Chronicle
AUSTIN — The Texas Department of Transportation, which complains about chronic underfunding, has launched a multimillion-dollar campaign that promotes the divisive Trans-Texas Corridor plan and toll roads.

The campaign is anticipated to cost $7 million to $9 million, according to a memo titled "Keep Texas Moving: Tolling and Trans-Texas Corridor Outreach" sent to transportation officials by Coby Chase, director of the agency's government and public affairs division.

Such use of state highway-fund dollars is drawing questions, but the department says it's an important effort to educate and engage Texans.

"It's a waste of money," said Rep. Warren Chisum, chairman of the budget-writing House Appropriations Committee, "and they have no business out there trying to get public opinion to be in their favor."

The money would be better spent fixing roads, said Chisum, R-Pampa.

But Rep. Mike Krusee, House Transportation Committee chairman, said the campaign addresses lawmakers' concerns by explaining new financing methods.

"The Legislature has been beating TxDOT over the head for two years, telling them they need to explain what the Trans-Texas Corridor is and why it is necessary to the public. They've been telling TxDOT they are moving too fast — they are moving before the public and the Legislature has the chance to understand what they are doing and why," said Krusee, R-Round Rock.

If the outreach is effective, Krusee said, it could save money in the long run.

"Texas is losing money for roads by the hundreds of millions of dollars every year simply due to delay because the Legislature and the public don't understand the need to move to a new finance method. And so an expenditure of a few million dollars could literally save hundreds of millions of dollars per year," Krusee said.

The agency's budget is more than $7 billion for fiscal year 2007 and more than $8 billion for fiscal year 2008.

The Trans-Texas Corridor and toll roads have been championed by GOP Gov. Rick Perry and others as necessary in the face of congestion and gas-tax revenues that can't keep up with huge transportation needs.

But the initiative has drawn widespread criticism over the potential route and state proposals to partner with private companies to run toll roads. Lawmakers this year sought to rein in new private toll projects.

The new campaign, as outlined in the memo obtained by the Houston Chronicle, started June 1 with TV, radio, print, billboard and Internet advertising meant to push people to the Keep Texas Moving site (www.keeptexasmoving.com).

Rep. Lois Kolkhorst, R-Brenham, who fought for a moratorium on privately run toll roads, said the initiative needs a hard look.

"TxDOT is consistently telling us we have no money to build highways, yet they seem to be spending a lot of money on internal audits and also ad campaigns. That's something that the Legislature needs to look at," she said. "I don't know that we would approve any other agency to do a $7 (million) to $9 million campaign on an initiative as controversial as the Trans-Texas Corridor and tolled roads."

She added that the cost "is a lot of money, and I would hope since it's taxpayer dollars they would approach it with a balanced approach to tell the pros and the cons of toll roads and the Trans-Texas Corridor."

TxDOT spokesman Chris Lippincott defended the campaign. "The clearest and most-often repeated criticism of the department during the legislative session was that we needed to do a better job of engaging the public," he said. "We heard that message loud and clear, and we're acting on it."
Read more

T.U.R.F. asks Ronnie Earl to block TxDOT's multi million dollar pro Trans Texas Corridor Ad campaign

Mr. Ronnie Earle
District Attorney
Travis County
509 W.11th St
Austin, TX 78701
August 22, 2007

Dear Mr. Earle:
The citizens of Texas believe the Texas Department of Transportation (TxDOT) is illegally using taxpayer money to wage a cleverly cloaked public relations campaign to push the wildly controversial Trans Texas Corridor and toll road proliferation.

According to a memorandum obtained by the Express-News entitled "Keep Texas Moving: Tolling and Trans-Texas Corridor Outreach" sent to transportation officials by Coby Chase, director of the agency's government and public affairs division, TxDOT has undertaken a multi-million dollar campaign including direct mail, billboards, and training of employees to sell the public their proposals over talk radio.

It's not only an inappropriate and wasteful use of our gas tax dollars by an agency perpetually claiming it’s out of money for roads, but it's ILLEGAL for a PUBLIC agency to take a policy position and use the public's tax money to sell them something using an under-handed PR campaign.

The State Auditor already found TxDOT "cooked the books" Enron-style on the Trans Texas Corridor mismarking funds as "engineering" when in fact, they spent it on PR. The Auditor’s office testified to this before the Senate Transportation Committee on March 1, 2007. See the report entitled “An Audit Report on the Department of Transportation and the Trans-Texas Corridor” released in February 2007.

Please open an investigation and prosecute this agency for its repeated illegal activities. The people of Texas want justice. When Ken Lay cooked the books at Enron, he was sent to jail. The same needs to happen with those guilty of breaking the law at the highway department.

Sincerely,

Terri Hall
Founder/Director
Texans Uniting for Reform and Freedom (TURF)
San Antonio, Texas 78232
(210) 275-0640 • www.TexasTURF.org
__________________________________

“If a corporate CEO had done this to their shareholders, they’d be in JAIL!” notes Hall.

Citizens gasped when the Texas State Auditor’s office revealed that TxDOT cooked the books at the Senate Transportation & Homeland Security Committee hearing March 1. A record 800 witnesses heard this testimony at the hearing.

Source: E-mail from T.U.R.F. written by Terri Hall.

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