Meeting Agenda Items to Watch

Texas Transportation Commission - Thursday, June 26, 2008 - 9:00 A.M.
125 East 11th Street, Austin, Texas 78701-2483
See full draft agenda at:
http://www.dot.state.tx.us/publications/commission/2008_meetings/jun26_agenda.pdf


Toll Road Projects

Various Counties - Act on the recommendation of department staff concerning: (1) the selection of the best value proposal for the planning, development, acquisition, design, construction, financing, maintenance, and operation of the Texarkana/Shreveport to Mexico element of the Trans-Texas Corridor system (I-69/TTC), and (2) the execution of a comprehensive development agreement for I-69/TTC (MO).

Transportation Planning

Various Counties- Approve projects in the competitive portion of the Border Colonias Access Program (MO).

North Texas Tollway Authority Board Authorizes Project Development Contracts on Three New Regional Roads

By Sam Lopez - NTTA - Thursday, Sept. 20, 2007
Plano, TX – At a regularly scheduled board meeting on Wednesday, Sept. 19, the North Texas Tollway Authority (NTTA) Board of Directors unanimously authorized project development services for State Highway (SH) 170 from SH 114 to IH 35W in Denton and Tarrant counties; SH 360 from Green Oaks Boulevard to United States (U.S.) 287 in Ellis, Johnson and Tarrant counties and the Dallas North Tollway (DNT) Phases 4 and 5 in Collin and Grayson counties.

The services for these projects were authorized to further the environmental clearance process for each corridor and fast track project development. Each contract will encompass preliminary concept development and analysis, schematic design, environmental documentation and public involvement support.

“Although the SH 170 and SH 360 projects are subject to the market valuation process outlined in SB 792, in the interest of keeping these critical regional projects moving forward, the NTTA board has authorized contracts in excess of $6,000,000 to bring each project closer to completion as we seek to solve our regional mobility challenges,” said NTTA Board Chairman Paul N. Wageman.

“This action demonstrates NTTA’s desire to fast track projects. We will continue to work with our regional partners to support the final delivery of these projects to the citizens of north Texas,” said Jorge C. Figueredo, NTTA Executive Director. “We recognize that a significant amount of work and study have already gone into each of these projects from our regional partners most notably the Texas Department of Transportation’s Fort Worth District.”

At their Sept. 19th meeting, NTTA board members emphasized NTTA’s strong commitment to working with its regional partners to deliver SH 170, SH 360 and DNT Phases 4 and 5. “We have been challenged to help ‘get them across the goal line’ and this reflects our commitment to do just that,” continued Wageman.

This initial section of SH 170 will be a new limited-access roadway in southern Denton and northern Tarrant counties. This 6.3-mile segment of the road will start at SH 114 and terminate at IH 35W; previously built frontage roads along the road will accommodate a toll road within the median. When completely built, SH 170 will extend from IH 35W to SH 199 in Parker County.

SH 360, a new limited access roadway in southeast Tarrant, northwest Ellis and northeast Johnson counties, is a 9.7-mile facility extending from Green Oaks Boulevard to U.S. 287. Northbound and southbound frontage roads along the alignment are open to traffic from Green Oaks Boulevard to the Southern Pacific Railroad (SPRR) crossing. A single frontage road on the west side of the alignment is operating with two-way traffic from the SPRR crossing to U.S. 287. The final phase of SH 360 will be from U.S. 287 to U.S. 67.

DNT Phases 4 and 5 will extend the DNT to meet the anticipated growth in northwest Collin, northeast Denton and southwest Grayson counties. DNT Phase 4, a six mile facility, will extend from U.S. 380 to Farm to Market (FM) 428. Collin County has already begun development of the future northbound service road that will open to traffic in 2008. DNT Phase 5 will further extend the DNT 11.6-miles from FM 428 to FM 121 into Grayson County.

OPINION: Help wanted: sound transportation policy

By William Lutz - Lone Star Report - August 27, 2007
The Texas Department of Transportation (TxDOT) says it needs to spend $9 million in taxpayer money to sell its vision of transportation policy to the public.

Maybe if TxDOT pursued rational transportation policies, the public support would follow, and it could spend that $9 million building and maintaining roads.

Listening to the state's transportation officials, including Gov. Rick Perry and Commissioner of Transportation Ric Williamson, talk is like reading a cheap imitation of a George Orwell novel.

Borrowing money and deficit spending are called "innovative financing techniques." The term "public-private partnerships" is used to describe mortgaging public property. Tax hikes are called "market-based" or "value-based" tolling or "market valuations." Government-sanctioned monopolies are referred to as "introducing competition to transportation financing."

Here's why Texans ought to be concerned.

Borrowing carries a price tag. The Texas Constitution has traditionally eschewed deficit spending and required existing revenue to pay for existing spending. Now, the state wants to build most of its roads by borrowing, either publicly or by getting a private firm to agree to borrow money, build a road, and collect tolls.

There's no such thing as free money, and often bond lawyers request concessions in exchange for the money fronted to the state. Many of these private financing arrangements prohibit the state from building free roads near a toll road, or require it to pay a stiff penalty if it builds a competing free road or wants out of the deal.

Secrecy.
A 2005 transportation bill exempts draft copies of many road deals from public disclosure - even in the face of criminal subpoenas.

Prior to 2007, the terms of these deals weren't even public until after the contracts were signed, and the terms set in stone. In 2007, the Legislature provided some additional transparency, but more sunshine is still needed to ensure informed consent from the public.

No checks and balances. The ability of TxDOT to rent state highways to private vendors without a legislative appropriation basically gives TxDOT a license to print money, without going though the usual appropriations process. The Constitution wisely gives the Legislature the power of the purse, and state assets should be pledged only in response to a public legislative appropriation.

The state also takes some highway spending "off-budget" by allowing the creation of regional mobility authorities to build state highways. Even the state auditor cannot precisely calculate how much the state spends on roads.

No fiscal restraint. TxDOT officials often claim that it would require a $1.20 increase in the gasoline tax to build needed infrastructure without tolling. This figure is a cost estimate of every project that a region might want to build in the next few years. Both the Governor's Business Council and the State Auditor have taken issue with TxDOT's calculations.

It also shows a lack of priorities at the agency. Most Americans would love a longer vacation, a fancier home, and a nicer car. But their wallets get in the way. Every day, Texans take their limited resources and differentiate between wants and needs. The government should do so also.

Tax hikes. Remember when Bill Clinton referred to taxes paid by the well-to-do as "contributions," as if payment of taxes were somehow voluntary? Remember how much fun Republicans had lampooning all the rhetorical games Clinton played to avoid referring to his "deficit reduction" plan as a tax hike?

Well, it's happening again. In the 2007 transportation compromise, Perry insisted on "market-based tolling," whereby the tolls for new highways are set above the cost to build and maintain the road. Perhaps one could call a toll a "user fee" if the amount of the toll reflected the cost of building and maintaining the road (though even that's debatable). But when money is taken from a government-sanctioned toll road monopoly and used to build other free roads, that's a tax.

Simply stated, Perry is raising taxes.

These bad transportation policies are being promoted not only here but also by the U.S. Department of Transportation and in other states like Indiana, New Jersey, and Pennsylvania. But just because George W. Bush likes something doesn't make it right or conservative.

There is a better alternative. It starts with the recognition that building roads is a legitimate function for government, as recognized by the U.S. and Texas constitutions.
Further, user-based fees such as gasoline taxes and auto registration fees are appropriate ways to fund that service, provided that all revenue from those fees goes to roads.

Then, the state should do for transportation what it is already doing in health, education, and welfare policies - look at costs. Why has the cost of building roads increased so quickly? Is this legitimate? Are there ways to reduce these increases?

Registration fees should be adjusted so that overweight trucks pay their fair share. The relationship between damage to a road and weight is exponential, and the registration fees and taxes should reflect that. The gas tax should be adjusted to acknowledge that, on a per-car basis, the gas tax has declined due to improved fuel economy in cars and trucks.

Once the state has gone though that process, then and only then should discussion of tolling begin.

It's time to stop pushing public policies that primarily benefit a select few highway contractors and investment bankers at the expense of the motoring public.Instead, let's put a spirit of public service back into TxDOT and enact transportation policies that provide accountability and frugality. Those policies wouldn't take a $9 million PR campaign to sell to Texas voters.

NTTA Board to consider toll projects and subcontractors at July 25th meeting

By Faith Chatham - July 23, 2007http://dfwregionalconcernedcitizens.blogspot.com/
The North Texas Tollway Authority Board of Directors will hold their regularly scheduled meeting on Wednesday, July 25 at 8:00 a.m. in the Board Room of the NTTA Administrative Offices located at 5900 W. Plano Parkway, Suite 200 in Plano.

The Meeting Agenda includes items which impact transportation in the Dallas TxDOT region and the Ft. Worth TxDOT region and the public can comments on items not listed on the agenda: (TxDOT; RTC/NCTCOG; or other items)

The Consent agenda includes consideration of award of contract to Rebcon, Inc. in the amount of $617,252.00 for construction of a sand stockpile for Dallas North Tollway Phase 3 and of a contract to Rebcon, Inc. in the amount of $737,195.10 for construction of a sand stockpile under the PGBT at Alma Road . The board will also consider approval of work authorization 02283-DNT-00-PS-PD with HNTB Corporation to provide corridor-management services for Dallas North Tollway Extension, Phase 4 and Phase 5.

The board will consider approval of a Project Agreement or Term Sheet setting forth the basic elements of the Project Agreement between TxDOT and the NTTA for the NTTA’s delivery and operation of SH 121 and authorizing the negotiation and execution of work authorization MA-WA12 with HNTB Corporation in the amount of $1,300,000 for landscape architectural design services for SH 121 in Collin, Dallas and Denton counties.

Other business includes consideration of an interlocal agreement among the NTTA, TxDOT (Texas Turnpike Authority Division), Harris County (Harris County Toll Road Authority), and the Central Texas Regional Mobility Authority regarding statewide interoperability for transponder-based electronic tolling on the parties’ respective toll facilities and for a consulting services agreement with Tamer Partners, Inc., for the development, implementation, and management of NTTA customer-relations services and customer-experience initiatives.

Updates will include briefing on migration plan for conversion to all-electronic toll collection (“ETC”) on NTTA facilities and Planning Updates on SH 170, SH 360 and Trinity Parkway and Project updates/discussion on the Dallas North Tollway projects, PGBT (President George Bush Turnpike) projects, Mountain Creek Lake Bridge, Addison Airport Toll Tunnel, Lewisville Lake Toll Bridge, Southwest Parkway – northern section
The Committee will report on the Regional Transportation Council and the Executive Director will update the board on program management and his participation with the City of Carrollton on market-valuation study for Thirty five Riverside property and TxDOT’s request regarding IH 635 project.

Mr. Wageman will brief on the market-valuation process for SH 161.

Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Robert Andrews at (214) 461-2000 two (2) work days prior to the meeting so that appropriate arrangements can be made.

For more information contact Sam Lopez, North Texas Tollway Authority Public Information Officer - (214) 461-2065.

TxDOT’s Sunset Review Kick-Off Party & Media Blitz

tKeeping An Eye on Williamson County - Friday, July 20, 2007
In what looks like a media blitz to show that TxDOT was right all along, and to justify it’s continuing existence in relation to it’s upcoming Sunset review, TxDOT this week is holding it’s Texas Transportation Forum toll-gasm conference.

Much of the focus has been on a draft report of a soon to be released “independent” report - TxDOT paid $3.5 million for the report - that says:

Texas needs more toll roads, and drivers should pay more to use them, an external audit of the Texas Department of Transportation suggested Wednesday.

(Kuff’s response):
I like that “priced to reflect the value - including the time saved” line. Because, of course, if you keep your toll roads expensive enough to guarantee that they’re never crowded, then it’s a self-perpetuating justification. Better yet, if you ensure that the remaining non-toll roads are sufficiently decrepit and jammed up, you’ll also have a built-in reason to keep raising tolls in the future. What more could a local toll road authority want?

A TxDOT paid for “independent” audit that reaffirms TxDOT’s toll every road stance. That’s just a happy coincidence for TxDOT I’m sure. Although the forum is billed as a chance to, “Experience the vision. Share your ideas. Join the conversation. Keep Texas moving”, in reality it appears to be more a way to bring lawmakers and those who make money off of government transportation deals together:

…the need for toll financing and other alternatives to gasoline taxes is a major theme of the conference that brought together public officials and private contractors from across the state.

The audience that packed the Hilton ballroom found in each chair a Texas Department of Transportation brochure titled “TxDot: Open for Business — A Guide to Accelerating Transportation Projects.” [.PDF]

The booklet explains various strategies approved by the Legislature in 2003 to supplement tax revenue with toll financing, public-private partnerships and regional mobility authorities.

The conference coincided with the release of an audit by TxDOT, suggesting the state’s best chance for keeping up is to build more toll roads with higher fees.

Now the report, as Move It! explains, has one point that may be worth further exploration. It’s a plan based on making ALL drivers pay a user fee based on vehicle miles traveled:

A long-term answer is to switch from a tax on gas to a tax on how much people drive, called a vehicle miles traveled charge or VMT charge. Oregon finished testing such a system in March and a report is due this summer.

“Texas needs to lay the ground work to move to a VMT charge over the next 20 years,” the report says. (see Oregon Test [.PDF]).

The technology for the implementation may still be a little ways off but this has the potential to be a fair, broad-based tax that charges drivers for the amount of driving they do.

One last thing. Gov. Perry was quoted as saying this:

And the fuel tax “has problems on its face,” he said. Unlike toll roads, which typically have a free alternative, fuel taxes are paid by all drivers, and hit rural residents hardest.

“The boys out in Lubbock, Odessa and Marfa really don’t see the benefit in it for them,” he said.

When Gov. Perry runs around the state telling Texans that we have to build the Trans-Texas Corridor, and take away precious farmland and family legacies, he says it must be done to benefit all of Texas. The “conservative” staple excuse of using economic development as the reason when it benefits their cause. But in those sentences he’s refuting that statement by saying that toll roads only benefit urban/suburban Texans. Which is it governor? Either our highways are built for the benefit of ALL Texans and should be funded by ALL Texans or they shouldn’t. You can’t have it both ways.

Again I’ll refer you back to EOW’s earlier post on the “independent” audit, It’s Not The Size Of The Shorfall, It’s How It’s Made Up That Matters. No matter how we want to slice it, the ultimate question is, How do Texans want to pay to make up for the disrepair and neglect our state leaders, and ultimately ourselves, have allowed our transportation infrastructure to fall into in this state? EOW believes the best way to do this is in the fairest, and most broad-based, way possible, which at this time happens to be raising and indexing the gas tax.

Read more

State Works to Accelerate Transportation Projects

TxDOT - June 14, 2007

AUSTIN - Moving quickly to implement recent transportation legislation, state transportation officials today initiated a new process to work with local officials – including local toll road authorities – to accelerate projects to reduce congestion and improve safety.

“The Legislature has given us clear direction to solve transportation problems by working with local officials,” said Ric Williamson, chair of the Texas Transportation Commission. “That is exactly what we are doing.”

At a special meeting in Austin, the commission authorized the Texas Department of Transportation to work with local toll entities such as regional tollway authorities, regional mobility authorities and counties to begin moving forward on 87 projects that are currently years away from being fully funded. (View Commission Minute Order and list of projects.)

“These are projects that local officials have said are needed to reduce congestion but are waiting in line for funding. We want to help our local partners build the projects as quickly and efficiently as possible,” Williamson said. (View map of candidate toll projects.)

To accelerate improvements, the projects are being proposed by TxDOT for development, construction and operation as toll projects.

New legislation signed this week by Governor Perry, Senate Bill 792, gives local toll entities the first option to develop, construct and operate toll projects in their jurisdiction.

Before initiating a toll project on the state highway system, SB 792 requires the local toll authority and TxDOT to agree on terms and conditions for the project, including the initial toll rate and the methodology for changing the rate. The law also requires a market valuation of the project be developed to determine what the project is worth.

“It’s important to understand that in the absence of substantial new revenue, we will soon have no choice other than to shift tax resources from congestion relief to maintenance of the system, especially in major metropolitan areas and along the state’s busiest corridors,” said Williamson. “Evaluating the tolling potential of these projects will help us better understand the choices we all face.”
NEWS RELEASE

Perry signs legislation to halt private toll roads

But the moratorium excludes virtually all North Texas projects
By CHRISTY HOPPE and JAKE BATSELL - The Dallas Morning News - Monday, June 11, 2007

AUSTIN – Gov. Rick Perry signed a new transportation law (SB792) Monday that
eases some of the fears over runaway toll roads and gives local
authorities more control over road projects.

The bill was a compromise hammered out in the final days of the
legislative session between the governor, who has championed private
toll roads as a way to quickly build highways without raising taxes, and
lawmakers, who have felt the wrath of rural landowners and skeptical
urban commuters.

Legislators revisited a 2003 law that many felt had hidden consequences,
such as allowing private firms to take over large swaths of the state
highway system, stripping property owners of their land and discouraging
public entities from competing for toll projects."Texas was becoming the test tube for private equity plans," said Rep.

Lois Kolkhorst, R-Brenham, who pushed for a two-year moratorium on
private toll deals.

Lawmakers initially – and overwhelmingly – passed a bill that would have
placed more restrictions on the governor's efforts to privatize roads.

Mr. Perry vetoed that bill.

The bill he signed Monday has a partial moratorium in place. But the
two-year freeze was dubbed the "Swiss cheese moratorium" because it's
riddled with exemptions, including virtually all North Texas toll roads
already in the works.

"I am proud to sign this legislation because it will help Texas build
the roads we need to manage our state's tremendous population growth,"
Mr. Perry said.

The bill halts at least one project in San Antonio. And Texas
Transportation Commission members have said the moratorium, despite all
its exemptions, still sends a chilling effect to private investors.

"A seemingly innocuous moratorium is, in effect, a freezing of the
entire program," said Ric Williamson, the commission's chairman, in an
earlier interview.

Mr. Williamson acknowledged that the past five months were humbling for
the Transportation Department.

Lawmakers repeatedly criticized what they described as the agency's (TxDOT)
rogue and arrogant tactics in awarding toll road deals."The whole process has been inalterably changed," he said. "We know
clearly what [lawmakers'] concerns are, what they want us to do, what
they don't want us to do. And we will change our behavior accordingly."

The bill gives local entities such as the North Texas Tollway Authority
the first option to build toll projects, limits private toll contracts
to 50 years and establishes a new process to determine a road's market
value.
On Thursday, transportation commissioners will consider a list of
possible projects to develop under the new legislation, which takes
effect immediately.
...
As lawmakers sought to curb private toll roads, they also thwarted bids
to raise the state gas tax to keep up with inflation and to expand
transit systems through voter-approved sales-tax hikes. They even toyed
with suspending the gas tax for the summer.
...
"What people seem to forget in this whole debate about roads is that the
citizens always pay for the roads," said Sen. Robert Nichols,
R-Jacksonville, a former transportation commissioner and a leading
backer of the moratorium. "The question is, how do you want to collect
the money?"

Read more

The fallout from SB 792, the counterfeit moratorium, begins!

Terri Hall, Executive Director of T.U.R.F. and the San Antonio Toll Party, writes about the impact of market valuation on toll projects from a San Antonio perspective. Many of her observations are applicable to citizens in the DFW NCTCOG region.

By Terri Hall - San Antonio Toll Party - June 5, 2007

Senator Wentworth tried to MAKE SURE his buddy Zachry could still toll Loop 1604 AND Representative Frank Corte was the ONLY state rep from San Antonio to vote FOR SB 792 that had 1604 stripped from the moratorium and allowed the highest possible tolls (through market based toll rates)! Every San Antonio Senator voted FOR it as well. They didn't mean it when they voted for the PEOPLE'S bill, HB 1892, in "veto-proof" margins when they turned around and voted FOR the GOVERNOR'S bill before they had even read the bill (history here)!

Read more


By Terri Hall - Executive Director of T.U.R.F. - Tuesday, 05 June 2007

As we warned from the time the Governor's bill came into play, SB 792 has more trap doors and loopholes than teeth. The PEOPLE'S BILL, HB 1892, was left vetoed while our politicians passed a pro-toll, pro-TxDOT bill so they could get on with their summer vacations, which will come back to haunt them. This way they could pretend to throw a bone (HB 1892) to the grassroots knowing full well the Governor would veto it and it would NEVER become law, while passing a toll industry bill crafted by the most detested Governor in recent history! Read about our reaction to the bill and our attempts to educate legislators on what was in it here. Perry's claiming victory and his chief toll architect Transportation Commission Chair Ric Williamson is invoking the same Winston Churchill quote we are, "Never ever give up," what does that tell you? Note that Senator Jeff Wentworth tried to make the legislative intent of this bill such that his buddy Zachry can still have access to your wallets using a 50 year monopoly & private toll CDA contract on Loop 1604! And most all of the North Texas and Houston reps and senators voted to exempt their toll projects from the moratorium to the tune of $20 billion in concession fees from PRIVATE, FOREIGN companies. The taxpayers will have to pay these fees back with interest! Time to throw the bums out! The list of the Good Guys is here. The rest SOLD US OUT

Read the rest of her T.U.R.F article here

Who held the line in the Texas House against Perry's demands

Who held the line in the House and didn't cave to Perry
By Faith Chatham
These are the House Members who refused to accept a butchered moratorium bill. Without Amendment 13 guaranteeing that the TTC stayed in the moratorium, there was no point in passing the bill. With Perry's demands that MARKET VALUATION be applied to Texas Transportation projects, SB 792 had more disadvantages to the public than advantages. These Representatives stood firm against Perry and refused to vote to pass SB 792.

14 Democrats and 5 Republicans held the line.

From the NCTCOG - DFW area 6 voted against Perry's Market Valuation Scheme
DFW NT Region - 2 Dems + 3 Republican
Democrats:
Burnham (DFW REGION - Fort Worth)
Veasey (DW REGION - Fort Worth
Republicans:
Miller (DFW REGION - Stephenville)
Paxton (DFW REGION - McKinney)
Laubenbert (DFW REGION - Rockwall)

In the ALAMO COG Region 8 voted against Perry's market valuation scheme:
San Antonio Alamo Region - 7 Dems plus 1 Republican
DEMOCRATS:
Castro (San Antonio)
Puente (San Antonio)
Villarreal (San Antonio)
Martinez-Fischer (San Antonio)
McClendon (San Antonio)
Leibowitz (San Antonio)
REPUBLICANS:
Straus (San Antonio)
Macias (Bulvedere - Comal - Kendall Counties)

In the CAPITOL COG - AUSTIN REGION 1 voted against Perry's Market Valuation scheme.
1 Democrat - No Republicans
DEMOCRATS:
Farias (Austin)

In the HOUSTON-GALVESTON COG Area 4 voted against Perry's Market Valuation scheme
Houston - 4 Dems no Republicans
DEMOCRATS:
Coleman (Houston)
Farrar (Houston)
Hernandez (Houston)
Thompson (Houston)

In the East Texas COG Area 1 voted against Perry's Market Valuation scheme.
1 Democrat No Repubicans
DEMOCRATS:
Frost (ET - New Boston) - a Democrat in a highly Republican district

The above analysis is based on UNCERTIFIED VOTE of the House on approval of the Senate/House conference committee version of SB 792. Senate final vote has not been posted. When certified returns are posted this will be revised to reflect any changes.

T.U.R.F. warns that Market Valuation in SB 792 allows backdoor CDAs

By Terri Hall - Executive Director Texans Uniting for Reform and Freedom
YOU’VE BEEN HAD! TXDOT’S GOTCHA IN SB 792

MARKET VALUATION(IE - CONCESSION FEES) WILL BE MANDATORY ON ALL TOLL PROJECTS IF SB 792 PASSES AS WRITTEN! TRADITIONAL TURNPIKES NO LONGER AN OPTION!

In seeking clarification on the implications of “market valuation” on toll projects (Sec. 228.0111), TURF has learned that if SB 792 passes as written, ALL toll projects around the state MUST USE market valuation to establish toll rates and to set toll rate escalation. Traditional turnpikes, where an entity simply sells bonds for the actual cost of building the road and the tolls pay back that debt, WILL BE OFF THE TABLE!
Read more

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!
Other information about toll roads and issues in the NCTCOG region is found on GRASSROOTS NEWS U CAN USE

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