Sunset Commission Review of TxDOT - Tolling existing roads

TRUTH BEE TOLLED - TOLLNG EXISTING ROADS:

Testimony in Bexar County over 281 project.

TxDOT's interpretation of Not Tolling existing roads conflicts with Legislative Intent


TxDOT Testimony on Spending Taxpayer Money on Lobbying:

TXDOT Hearings on 820 Toll Roads July 1

Notice of a meeting July 1
The issue is not just tolls but letting a foreign country control Texas land in perpetuity.

Focus on Local Issue - *TOLL ROADS ACTION ALERT*
You might have seen the article in the Fort Worth Star-Telegram on Friday about the North Loop 820 expansion, and how it will be paid for through very expensive toll roads, to be constructed by CINTRA, Rick Perry's special-interest Spanish corporation that courted the Trans Texas Corridor. In a nutshell, Bud Kennedy is reporting that the proposed toll for EACH WAY in the new toll lanes will be $4.00 for a total of $8.00 roundtrip. Republican County Commissioner Gary Fickes is very much responsible for this situation as he was the one who led the cheerleading effort on the Regional Transit council to get this plan passed.

TXDOT is holding a Public Hearing in Richland Hills to get community input. Let's get out there and show them what kind of "input" we have for them.

Public Hearing for Loop 820 Toll Road
Tues., July 1, 6:30pm
Richland Hills Church of Christ
6300 North East Loop 820
Richland Hills, Texas
Click here for a map

Link to Star Telegram Article about 820 Toll Lanes

Link to TXDOT Public Hearing in Richland Hills

Link to Toll Tag Application

Bud Kennedy: Worst bottlenecks in North Texas? Right here in Tarrant
By Bud Kennedy - Fort Worth Star Telegram - June 20, 2008
We’re No. 1.

But not in a good way.

Northeast Loop 820 in Hurst is the worst bottleneck in all of North Texas, according to a new study that ranks the region’s roads among America’s most choked, behind only Los Angeles, New York, Chicago and Washington.

There’s more bad news.

Not only is the 820-Airport Freeway interchange the No. 1 bottleneck — worse than anyplace in Dallas— but the Loop 820 exits at Denton Highway and Rufe Snow Drive are Nos. 2 and 3.

Overall, Northeast Tarrant County drivers face worse traffic than anyone in Dallas or Houston, according to a study of truck GPS data compiled by INRIX Inc. of Seattle.

Only Austin — where Interstate 35 amounts to a 5-mile-long elevated parking lot — has a freeway as crowded as Loop 820, and that city’s traffic overall is nowhere near as bad as Fort Worth’s.

What’s more, the region’s No. 4 worst bottleneck is Interstate 35W north of downtown Fort Worth. It’s congested an average of 7 hours a day.

Basically, Houston and Dallas already fixed their roads. We’re waiting for state money.

I would like to assure you that every county and city official is working on the problem.

But I couldn’t find many of them yesterday. For all I know, they were stalled in traffic at Holiday Lane.

When North Richland Hills Mayor Oscar Trevino called back, he was weaving down neighborhood streets to escape U.S. 377.

He described Loop 820 as "just ugly."

"The people who have to drive that every day don’t say nice things," he said. "It’s bad for our city. Businesses want to come, but they see the traffic and say, 'Why would I get into this?’ "

County Judge Glen Whitley is very familiar with the time-waste potential of Loop 820. He lives in Hurst.

"It’s a big drawback to the whole county," he said. "The traffic north of Fort Worth is so unreliable that nobody can predict how long it’ll take to get to work."

There’s a solution in the making. But lots of Texans won’t like it.

Three Spanish-owned companies are in the running for a $1 billion contract to widen Loop 820 and operate two private toll lanes. The toll would be $4 each way.

The project is part of the North Tarrant Express, a new tollway network slow off the drawing board in Austin.

"We can’t get Austin to move forward," Whitley said. "It’s ridiculous that this is the last part of Loop 820 to be improved."

A public hearing July 1 at 7 p.m. at Richland Hills Church of Christ will give both residents and tollway-haters a chance to vent about both the slow plans and high tolls.

Terri Hall of San Antonio leads an anti-tollway group, Texans Uniting for Reform & Freedom (TURF). She said she opposes any private tollway.

"The bottom line is, this the most expensive way to expand that road," she said. "It means the highest possible cost to taxpayers and drivers, and hands over money to foreign companies. When the state has a record budget surplus, it’s hard to see how there’s not money for that road."

Call it the Billion-Dollar Bottleneck.

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

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.).

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

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

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