Texas House of Representatives Deliberations on Transportation

By Vince Leibowitz - Capitol Annex - Friday, April 17, 2008

[DFWRCC is posting the excerpts of Vince's live blogging/tweeting from yesterday's Texas House of Representatives debates and votes pertaining to transportation. Please visit Capitol Annex for Vince's play-by-play report on Texas House deliberations on Education and Criminal Justice.]
12:52 we’re back after a brief break.

12:56 amendment by Lon Burnam would require TXDoT to notify the Legislative Budget Board and each member of the Legislature of each waiver it intends to make that would waive any requirement of a toll?road entity to compensate property owners affected by projects. The notice would be required to be delivered to the LBB and each legislator at least 30 days prior to date on which the waiver would take effect.

12:57 amendment is temporarily withdrawn. Now to page 2 of supplemental packet no clue what that is. Unemployment fund amendnent. It is adopted.

1:00 a.m. Amendment by Guillen mandates that TxDOT adopt rules to allocate funds under general provisions of funding for public transportation in which the total amount appropriated for the Formula program is less the 90% and the Discretionary program is less than 10%. A provision is required to ensure that the specified programs do not receive less than allocated. Adopted.

1:02 a.m. Amendment by Davis of Dallas affirms that the Legislature’s intent is for the Texas Transportation Commission to approve funding projects that are geographically balanced across the state.

1:03 amendment by Frost would prohibit TXDoT from entering into contracts for any toll-related project that contains non?compete clauses.

1:06 Amendment by Burnam would require TXDoT to notify the Legislative Budget Board and each member of the Legislature of each waiver it intends to make that would waive any requirement of a toll?road entity to compensate property owners affected by projects. The notice would be required to be delivered to the LBB and each legislator at least 30 days prior to date on which the waiver would take effect. Acceptable to author. Has an amendment to Amendment.

1:08 Amendment by Darby would would decrease TWC General Revenue Dedicated
authority by $3,443,800 in FY 2010 and $2,405,179 in FY 2011. It would then increase Federal Funds authority in TWC Federal Account No. 5026 by $3,443,800 in FY 2010 and by $2,405,179 in FY 2011.

adopted

109: Amendment by Madden temp w/d’d.

1:09 Amendment by David that would prohibit funds appropriated to TXDoT in the budget from being used to contract with a foreign entity if the term of the contract is longer than 25 years.

TxDOT buys time with borrowed funds for Dallas-area projects

By MICHAEL A. LINDENBERGER - The Dallas Morning News - Sunday, October 5, 2008
State transportation officials are poised to issue billions of dollars in debt to help speed road construction, a move that will keep Dallas-area projects on schedule for now but will do little to shore up the state's long-term road-funding crisis.

The Texas Department of Transportation will likely begin issuing $1.5 billion in bonds within 60 days, pending the recovery of the nation's upended credit markets, and is taking steps to borrow another $6.4 billion over the next few years.

Historic turmoil in the credit markets is already costing the department hundreds of thousands of dollars in extra interest payments each week on some of its smaller loans, and any efforts to borrow much more will be complicated – and likely delayed – if the markets do not improve.

Credit worries aside, the decision to borrow billions enables TxDOT to end months of hand-wringing over whether it will have the money to complete projects local officials throughout Texas have been depending on. Late last year, the agency announced it was going broke and would have to delay some of those projects.

The new borrowing will allow the state to keep projects on schedule. But the big debt will do nothing to reduce the state's long-term shortage of road funds and could make paying for future projects more difficult as interest costs grow.

"Borrowing money does have the benefit of building projects faster," said Michael Morris, North Central Texas Council of Governments' transportation director. "Borrowing money does nothing for building more projects [in the long term]. Some people will be confused that building projects faster solves the problem, but it doesn't address the total funding need."

Mr. Morris says North Texas' transportation needs are $50 billion ahead of expected tax revenues between now and 2030. Some critics call those numbers too pessimistic, but everyone agrees that the number is big. Conservative estimates have said statewide needs will outpace funding by $50 billion to $60 billion.

Meeting last week in Austin, Texas Transportation Commission members said the bond program won't fix a basically busted system – and could make things worse if the Legislature doesn't eventually provide new tax funds.

"The system for funding TxDOT is fatally flawed," said Ned Holmes of Houston, one of five members of the Texas Transportation Commission that runs the department.

A political problem

Few leaders in Austin disagree with Mr. Holmes.

But while lawmakers, the governor and TxDOT all seem to agree Texas needs more money for roads, consensus on a solution beyond more borrowing has proven devilishly difficult to reach.

One camp argues that, of course TxDOT is going broke, given that state gasoline taxes have remained flat since 1991, at 20 cents per gallon. However, efforts to raise the tax rate have been dead in the water for years.

"As far as the gas tax goes, there is simply no appetite in the Legislature for that. None at all," said Allison Castle, press secretary for Gov. Rick Perry, said. "To make a real difference, you'd have to raise it 50 to 55 cents per gallon. Raising it a nickel or two would be just giving false hope."

But even simply indexing the 20-cent-per-gallon rate to inflation would have a huge impact over time, said Senate Transportation Chairman John Carona, R-Dallas. He said he is going to press for that this session.

"If we had had the courage to do that two years ago, we'd be in a substantially better place already," Mr. Carona said.

Tolls

For the past five years, the governor has pushed instead to build more toll roads and then to borrow heavily against future revenue.

"Toll roads are fair, as they are essentially user fees, and drivers can decide whether to use them or not," said his spokeswoman.

Opposition to tolls, especially private toll roads, was a powerful force during the 2007 session, and even lawmakers who say some tolls are helpful also argue that Mr. Perry has pushed too hard for tolls.

"We have 15 major highways proposed in Dallas-Fort Worth, and all 15 are planned as toll roads," Mr. Carona said. "In that situation, you can no longer say tolls are an option for motorists. If they are all built, you won't be able to drive anywhere in Dallas without using a toll road."

Mr. Holmes, too, acknowledged the governor and the agency under former chairman Ric Williamson had been too focused on tolls as the solution.

"They came up with a solution that did not require TxDOT to go to the Legislature to ask for new funds," he said. "But tolling was never going to work by itself."

Ready to borrow

For now, the only solution lawmakers and the governor have agreed on is to borrow another $8 billion.

It's not a new direction. From 2002 to 2007, the department first went on a borrowing spree – and then a building spree, much to the delight of traffic-clogged regions like North Texas. In those years, the department spent as much as $5 billion a year in construction contracts.

But by 2007 TxDOT had spent the money and was left with flat revenues, rising costs and hefty interest payments. TxDOT says it has about $2.5 billion in tax money to spend on major road contracts annually, about half what it was spending in recent years. It also warns that soaring maintenance costs could soon eat up as much as $2 billion a year.

"We're fast going to be at a place where we simply have to tell the locals, we're out of the business of building new roads," said Commissioner Ted Houghton of El Paso.

To delay that, TxDOT is ready to borrow again. But those new dollars will only delay, not solve, the department's long-term funding crisis.

More time may be what TxDOT needs most of all, said Mr. Holmes, who reluctantly supported the new borrowing.

"It's going to take some time – this next session, the next one and maybe one more after that – before we reach a real solution," he said.

Read more in the Dallas Morning News

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).

Texas Transportation Commission Chairman Williamson dies

By Ben Wear - Austin American Statesman - Sunday, December 30, 2007

Ric Williamson, the Texas Transportation Commission chairman and a take-no-prisoners advocate for his friend Rick Perry’s toll road policy, has died.

Williamson, 55, who had been on the commission since 2001 and its chairman since January 2004, died of a heart attack, said state Sen. Mike Krusee, chairman of the House Transportation Committee. It was not clear today if Williamson died late Saturday night or early Sunday.

Williamson, a Weatherford resident, had served in the Texas House for 14 years, leaving in 1999. Williamson dominated discussion of Texas transportation policy for most of this decade, holding forth at commission meetings in a curiously ornate but still straight-forward style that sometimes infuriated opponents of the toll road policy. Williamson, in particular, was four-square behind granting private companies long-term leases to finance, build and operate publicly owned toll roads, an approach that he said would raise billions for other roads but that others feared gave away too much control of public assets.

Texas Monthly in a June article had called him “the most hated person in Texas, public enemy number one to a million or more people.” In that same article, Williamson told writer Paul Burka, “I’ve had two heart attacks, and I’m trying to avoid the third one, which the doctors tell me will be fatal.”People could question Williamson’s policy stands and his approach - and plenty of Texas legislators did just that over the past year - but no one could question the horsepower of the intellect behind those policies.

“Ric was the smartest and most far-sighted person I’d ever seen in public life,” said Krusee. “I learned so much whenever I was around Ric, and I don’t just mean transportation policy.”

Transportation Department executive director Amadeo Saenz issued this statement this afternoon:

“Ric Williamson was a visionary. As a member and chairman of the Texas Transportation Commission, he brought passion and focus to meeting many of the challenges facing Texas today and for generations to come. The entire TxDOT family will miss his dedication and his leadership. At this time, our thoughts are with his wife, children and grandchildren.”

Read more

COMMENTARY: LED billboards will ruin our roadways

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

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

Distracted?

How could you not be?

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

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

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

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

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

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

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

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

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

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

(Huber lives in western Travis County.)

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

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

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

TURF sues transportation board for equal protection

By Terri Hall - T.U.R.F. - Oct. 22, 2007
MPO Board composition violates First and 14th Amendments to U.S. Constitution

San Antonio, TX, Monday, October 22, 2007 – In what could change the way toll roads are decided and approved in Bexar County, TURF filed a NEW lawsuit in FEDERAL COURT to put the power over transportation decisions back in the hands of the PEOPLE. TURF recently scored a victory in STATE COURT in a different lawsuit against members of the Texas Transportation Department and Transportation Commission.

A lawsuit has been brought against the San Antonio Metropolitan Planning Organization (SAMPO) Transportation Policy Board that allocates tax dollars to transportation projects and approves toll rates and toll projects and San Antonio Councilwoman and MPO Chair Sheila McNeil. The lawsuit alleges that the composition of the SAMPO Board is unconstitutional and Chairwoman McNeil has been a party to denying the First Amendment right of free speech to the constituents of elected MPO Board members like State Representative David Leibowitz by blocking an agenda item and any debate on an issue brought up at his request. This novel lawsuit cuts to the heart of how toll roads are approved.

It’s based upon the First and Fourteenth Amendments to the United States Constitution, 28 U.S.C. §1331, and 28 U.S.C. §§1343(3) and (4). The section of the post-Civil War civil rights enactments codified as 42 U.S.C. §1983 provides the Plaintiff’s enabling cause of action. A faction of governmental officials with the help of unelected board members have shut citizens and voters who oppose toll roads out of equal participation in the political process. The case will also argue that actions like Chairwoman McNeil’s removal of an agenda item asking for the funds TxDOT is spending on the Keep Texas Moving ad campaign be returned to building roads.

By way of recent example, in a SAMPO Transportation Policy Board meeting of September 24, 2007, Defendant McNeil, using the badge of authority of Chairmanship of the Board, arbitrarily removed from the meeting agenda a motion by State Representative and MPO Board member David Leibowitz calling for SAMPO to object to certain expenditures of public money by TXDOT promoting toll roads, which expenditures Representative Leibowitz believed to be inappropriate.

Defendant McNeil, acting under color of law, removed Representative Leibowitz’s motion from the meeting agenda even though Representative Leibowitz had properly and legitimately placed it on the meeting agenda and SAMPO had included it in the public posting of the agenda pursuant to the Texas Open Meetings Act. Defendant McNeil, acting under color of law, refused to permit Representative Leibowitz to present his motion because of her disfavor of his attempt to provide a voice for his constituents who oppose turning free public highways into toll roads.

TURF will be asking for both a temporary and permanent injunction to suspend ALL activities of the MPO until the case is decided and the Board’s composition is changed to reflect proper Constitutional representation allowing equal protection under the law per the 14th Amendment.

The unconstitutional MPO has blocked agenda items, voted against an independent review of toll plans that would bring accountability to the gross misuse of taxpayer money in these toll plans, voted against restoring the gas tax funded overpasses on 281 (281 in particular DOES NOT NEED TO BE TOLLED, what’s needed are overpasses and they’ve been paid for since 2003, the money is STILL there, they could do it tomorrow, but this un-Constitutional Board persists in preventing the simple solution that’s already paid for!

The MPO Board has also delayed votes, blocked the succession of the next Chair, and changed the bylaws to allow yet more illegal representation on the Board.

“The people of Texas are FED-UP with out-of-control abusive government. We’ve done everything in our power to exert the political pressure to change this unconstitutional Board, but when the deck is stacked and a powerful unelected voting block is allowed to persist unchecked, we have no choice but go to court to address our grievances. This is taxation without representation and we cannot and will not allow it to continue,” says Terri Hall, Founder and Director of TURF.


See history of the efforts of the pro-toll faction blocking citizens from equal representation. (scroll to bottom for links to each action)

Chairwoman McNeil stripped agenda item requested by State Representative David Leibowitz on expenditures for toll roads.

San Antonio attorney David Van Os, is representing TURF.

Tolls could open HOV lanes to solo drivers - Dallas, Houston exploring options for pay as you go

By MICHAEL A. LINDENBERGER - The Dallas Morning News - Friday, July 27, 2007
SUGAR LAND, Texas – Psychologist Anthony Rogers regularly finds himself working in Houston – driving solo and stuck in traffic.

Car-poolers and buses zip by in the High Occupancy Vehicle lanes, only furthering his stop-and-go frustration.

"I look over at the HOV lanes and think, 'There's plenty of room over there. I'd be willing to pay to use that lane,' " Mr. Rogers, a San Antonio resident, said as he finished a cup of Starbucks in this booming suburb south of Houston.

He may soon be able to do just that. And by next year, some Dallas drivers will, too.

On Thursday, the Texas Transportation Commission gave a hearty amen to Houston-area transit officials' plan to convert five of their six HOV lanes to tolled lanes.

If the plan is approved – and it could be presented to the commission as soon as next month – solo drivers in Harris County, like Mr. Rogers, will be able to pay for an easier commute.

Dallas catching up

HOV lanes are less common in Dallas than in Houston, where their use has steadily expanded for nearly 20 years. But the Dallas area is catching up fast. New HOV lanes will open on Interstate 30 from the Dallas-Tarrant county line to Loop 12 at 6 a.m. Tuesday. Other HOV lanes are set to open this fall along Central Expressway, and an existing lane on the LBJ Freeway will be extended by September, Dallas Area Rapid Transit officials said.

Plans to make Dallas-area HOV lanes paid lanes are in the works. By next year, HOV lanes along I-30 between Arlington and Dallas will become the region's first such paid lanes, TxDOT spokesman Mark Ball said.

Houston plan praised

But Houston's more sweeping proposal to convert all but one of its lanes to pay-as-you-go won enthusiastic response from the Texas Transportation Commission at its meeting in Sugar Land on Thursday.

"This is very visionary, and I think the rest of the state will be watching," said Commissioner Hope Andrade of San Antonio. Other commissioners had similar reactions.

The commission sets highway policy in Texas and governs the Texas Department of Transportation.

The conversion in Houston could cost $50 million and take a year or more, and officials from METRO, the Harris County counterpart to DART, haven't formally decided to make the switch. But plans to do so are far along.


Strong endorsement

Carlos Lopez, traffic operations director for TxDOT, told the commissioners Thursday that a formal request could appear on their agenda as early as August.

"It's almost a no-brainer," Mr. Lopez said after the meeting. HOV lanes have extra capacity, he said, so they should be monetized to let solo drivers pay to use them. Drivers in the regular lanes will benefit, he said, because the paying drivers will be gone.


Dallas-area officials haven't indicated what they'll charge drivers on the new HOV lanes along I-30 when they become paid lanes next year. Lone drivers will likely pay twice as much as two-person car-poolers, and vehicles with three or more passengers will be free, DART officials have said in the past.


It won't be cheap

Solo drivers in Houston will pay a steep price to ride on the HOV lanes.

Mr. Lopez said they'll likely pay as much as $4.50 each way during peak hours. During less busy times, it may be as low as $1.25, he said.

Mr. Lopez cautioned, however, that rates will depend on how popular the lanes are with solo drivers. The top rate will have to be high enough, he said, to prevent too many solo drivers from crowding the lanes.

TxDOT officials said peak pricing in Orange County, a suburban area near Los Angeles, runs as high as $9 each way.


The market rules

Commissioner Ned Holmes said Houston's use of so-called "congestion pricing" to regulate traffic is one of the best aspects of the plan. He said the strategy is a way to use market forces to help regulate traffic.

Not everyone is singing hallelujahs over what critics describe as "Lexus Lanes" for the wealthy, however.

The new lanes, often called High Occupancy Toll, or HOT, lanes, are in use or in the works in a handful of other communities across America, including Northern Virginia.

Arlington County, Va.'s, Chris Hamilton said he's not sold on them. HOV lanes there have worked, and he's worried that allowing solo drivers to use them for a fee will ruin them.

"I am not convinced there is excess capacities in the HOV lanes," said Mr. Hamilton, a frequent blogger about commuting who also works for the county encouraging commuters to car-pool and use transit.

"One person's excess capacity is another person's congestion.

"We're concerned that the new lanes will just lead to more congestion for the folks who are already van-pooling and using transit.

"We don't want those people to get mired into heavy traffic once these hot lanes start."

Officials from Harris County and TxDOT said they'll give the HOT lane idea a lot more study before approving it anywhere in Texas.
Read more

Senator Carona's letter endorsing NTTA

To enlarge image click on headline

Fort Worth Star-Telegram coverage of Texas Transportation Commission SH 121 decision

Public agency gets toll road
By GORDON DICKSON - Fort Worth Star-Telegram - Thu, Jun. 28, 2007
The Texas Transportation Commission has agreed to let the North Texas Tollway Authority build the Texas 121 toll road in Denton and Collin counties, rejecting a bid from the private Spanish firm Cintra.

The Plano-based tollway authority has committed to pay the North Texas region $3.3 billion for use on other transportation projects.

Now that the state commission has decided the tollway authority's plan is the best value, the next step is for the tollway authority to negotiate a project contract with the Metroplex's Regional Transportation Council, a process expected to take a month or two. The authority would have another 45 days to close its financial arrangements.

The commission voted 4-1 Thursday afternoon to approve the plan during a meeting in Austin. The dissenter was Ted Houghton of El Paso, who wanted the negotiations to include a member of the Texas Department of Transportation. "I'm against us being on the sidelines," he said.

But commission chairman Ric Williamson of Weatherford preferred that TxDot employees take a step back and let North Texans work out the deal themselves. "Right now, RTC and NTTA are all getting along and they've all agreed as to how they want to do this." Williamson is a longtime champion of decentralizing TxDot's powers so that metro areas may decide road-building priorities on their own.

Williamson also said he would prefer that his agency's employees stand at arm's length from the process, to avoid being unfairly criticized for trying to manipulate the results. In recent months, TxDot officials have been accused of forcing the tollway authority out of the Texas 121 bidding so that private companies such as Cintra could have the project.

"I've had it with toll operators, and House and Senate members, and former commissioners accusing good state employees," he said.

In addition to paying $3.3 billion to the region, most of it up front, the tollway authority has agreed to add five new toll road projects to its existing Dallas-area toll road system within five years. Three of those five projects are in the western Metroplex: The Texas 121T (aka Southwest Parkway) extension to Cleburne, Texas 360 in Mansfield and Texas 170 in the Alliance area. Texas 161 in Grand Prairie, a reliever route for overused Texas 360 in Arlington, is also under consideration.

But still unknown is whether the commission's decision may expose the state to lawsuits from either Cintra or two other companies that originally competed for the project. Cintra originally won the bid, with a promise to pay $2.9 billion, but lawmakers intervened and demanded that the tollway authority get another chance.

The Federal Highway Administration later determined that intervention violated federal procurement rules, making Texas 121 toll road ineligible for future federal funds. The tollway authority doesn't intend to use federal funds going forward, but $236 million in federal funds has already been spent on the road and it's unclear if Texas will be asked to refund part or all of that amount.

If such a refund were necessary, it would reduce the overall amount of highway funding available for the Metroplex.

Check out the Honkin' Mad traffic blog for more details about the decision.

Texas Department of Transportation: State approves local recommendation on SH 121

Texas Department of Transportation - June 28, 2007
AUSTIN — The Texas Transportation Commission today approved a recommendation from
North Texas leaders to accelerate improvements to SH 121 and 30 other congestion-relieving
projects throughout North Texas by pursuing a proposal from the North Texas Tollway Authority
(NTTA).
The Transportation Commission authorized the Texas Department of Transportation staff to
enter into a project agreement with NTTA once:
• the Regional Transportation Council (RTC) negotiates with the NTTA on major terms of
the project agreement and submits those terms to TxDOT,
• quantification of public benefits anticipated to be derived from the NTTA’s proposal is
agreed to by the RTC; and
• NTTA is able to close on all financial transactions necessary to meet its obligations
concurrently with or no later than 45 days after the execution and delivery of the project
agreement.
Major terms remaining to be negotiated between the RTC and NTTA include:
• the timing and amount of the annual payments;
• enforcement provisions regarding compliance with the toll rate policy, project schedule,
payment obligations and other commitments; and
• the length of the agreement.
Prior to approving the RTC recommendation, the commission concluded it helps the state
meet its transportation goals to reduce congestion, enhance safety, expand economic
opportunity, improve air quality and increase the value of transportation assets.
The action also supports commission strategies to empower local leaders to solve local
transportation problems and increase competition to drive down costs.

OTHER STATEMENTS:

Sen. Robert Nichols concerning TxDOT's decision to give NTTA 60 days to finalize a contract for the State Highway 121 project:

"The commissioners did the right thing by honoring their commitment to local control. By giving the local tolling authority a fair chance to pursue this project, the transportation commission secured the best deal for Texas drivers."

Sen. Robert Nichols (R-Jacksonville) is a former commissioner for the Texas Department of Transportation and sits on the Senate Committee on Transportation & Homeland Security.

Senator John Carona, Chair of the Senate Committee on Transportation and Homeland Security:

The Texas Transportation Commission today authorized the North Texas Tollway Authority to enter into an agreement to construct and operate State Highway 121.
Senator John Carona (R-Dallas), Chairman of the Texas Senate Committee on Transportation and Homeland Security, expressed his support for the decision.

"Local leaders spoke decisively in recommending NTTA's proposal, and the Commission's acceptance is a great step forward for mobility in North Texas. It bodes well for participation by local entities in future projects around the state and for the
Commission's ability to implement newly passed legislation. I am confident that NTTA and RTC can work out a project agreement in a timely fashion and we can get this much- needed project under way."
The Commission also announced that funding shortages require transferring certain funds from construction to maintenance and targeting those funds to the roads in the worst condition. "This is good news/bad news for North Texas," said Carona. "We will be seeing more funding because of the bad condition of our roads as compared to the rest of the state. It is another reminder of the poor state of transportation finance in Texas and the need to have revenue alternatives."
Finally, Senator Carona added "I want to thank TxDOT and the many other state agenc ies and responders who are working to save lives in the floods. These dedicated employees are working around the clock, and we all appreciate their efforts."

Lt. Gov. Dewhurst and the Texas Transportation Commission affirms RTCs recommendation of NTTA for SH 121 Project

By Faith Chatham - June 28, 2007
Shortly before noon, the Texas Transportation Commission voted and approved NTTA for the SH121 toll project. Of the five commissioners, 4 voted for NTTA. The motion stipulates that TxDOT and NTTA are to negotiate a firm contract within 60 days. NTTA will take that contract to their bonding agents and submit it to the Attorney General for approval. Within 45 days of the signing of that contract, NTTA is to pay the unfront payment or the agreement is null and void.

The RTC and NTTA will negotiate and come to agreements on what other projects NTTA is going to deliver in the region.

Michael Morris, Transportation Director for the North Central Texas Council of Government stated the region's case for NTTA. Morris said: "Members of the RTC decided to have faith in ourselves. In our own region we have a public toll authority with a sound system which has twice the value of outstanding debt, and SH 121 is located in the fastest growing sector of the region. In selecting NTTA we have decided to have faith in ourselves."

Commissioners carefully weighed the differences between the Cintra contract and the NTTA proposal. Cintra's contract is ready to sign. NTTA's proposal must be negotiated into a contract.

Despite modeling by Price Waterhouse Cooper, TxDOT staff and JP Morgan (equity partners of Cintra), which applied discount rates to the value of the NTTA bid, some of the Commissioners questioned how accurate the discount rates applied in the models could be since they are based on projections instead of history or known factual data. Price Waterhouse Cooper had discounted NTTA's upfront payment. Most of the Commission seemed to believe that upfront money paid at financial close should not be discounted. NTTA agreed that the upfront money would be paid at financial close, which is set 45 days after the signing of the contract.

One Commissioner mentioned risk, and referred to the Orange County, CA tollroad which the taxpayers bought back from the private partners at a high cost to the taxpayers. Several citizens addressed the commission, stating that they'd prefer that this not be a toll road. One very articulate citizen pointed a number of funding sources available to the State other than toll revenue and private investments in toll roads to finance the state's needed infrastructure. All private citizens who spoke said of the two choices (Cintra or NTTA), their preference was that NTTA be allowed to build SH 121.

Lt. Governor David Dewhurst wrote the Texas Transportation Commission stating his support for NTTA receiving the SH121 bid.

On numerous occasions during the 80th Legislative Session, Commission members publicly stated they will look to locl officials for guidance on transportation projects. I am hopeful this will be the case for the SH 121 project. Local control was the legislative directive embedded in SB 792, and I feel this is the proper way to proceed with current and future transportation projects.

I thnk the Legislature and TxDOT can work together to solve the state's transportation problems, but local control must be at the heart of these important decisions. I support the RTC's vote to award the SH 121 project to NTTA and hope the Commission will honor the region's decision.

Thursday, June 28th Texas Transportation Commission Meeting

By Faith Chatham - June 28, 2007

The Texas Transportation Commission will convene at 9:00 a.m. Thursday, June 28 in the Dewitt C. Greer Building, 125 East 11th Street, Austin, Texas.

WATCH THE COMMISSION MEETING ON THE INTERNET.
Agenda
(Requires Quick Time Player to view video.
Download Quicktime (free) player)|

Agenda Item 6. Toll Projects
a. Collin and Denton Counties – Consider the recommendation of the Regional
Transportation Council concerning the financing, construction, and operation of
the SH 121 project from Business SH 121 to US 75 in Denton and Collin
counties (MO)

Agenda

Item 10: d. Right of Way Dispositions and Donations
(1) Denton County – FM 3040 at Valley Parkway in Lewisville –
Consider the exchange of right of way (2 MOs) MO1
MO2

FACTS:
Texas Transportation Commission

The Texas Transportation Commission is a five-member board appointed by the Governor to oversee TxDOT. The Commission:

- plans and makes policies for the location, construction and maintenance of state highways,
- oversees the design, construction, maintenance and operation of the state highway system,
- develops a statewide transportation plan that contains all modes of transportation, including highways and turnpikes, aviation, mass transportation, railroads, high-speed railroads and water traffic,
- awards contracts for the improvement of the state highway system,
encourages, fosters and assists in the development of public and mass transportation in the state, and
- adopts rules for the operation of the department.

[Source: TxDOT website]

State may defy local leaders on 121 toll plan

Money, politics could push panel to override choice of NTTA
By JAKE BATSELL - The Dallas Morning News - Wednesday, June 27, 2007
The Texas Transportation Commission has made a habit of honoring local leaders' decisions.

But when commissioners meet Thursday to consider North Texas leaders' plans for the politically charged State Highway 121 toll road, nobody expects a rubber stamp.

The Regional Transportation Council voted 27-10 last week to endorse the North Texas Tollway Authority for the multibillion-dollar project. If ratified by the commission, the local vote would torpedo an earlier deal the state reached with the Spanish company Cintra.

Commissioners have never overruled a decision by the regional council, but with so much money and politics at stake, Highway 121 could set a precedent.

"As far as saying, 'Thank you all very much for your comments, and now we're going to vote the other way,' they haven't done that in the past," said RTC chairman Oscar Trevino. "But all we are is a recommending body. I can see them not agreeing with us."

Gov. Rick Perry has appointed all five commission members. They have the ultimate say on state road contracts. Transportation officials in Austin, El Paso, Houston and San Antonio say the panel has yet to contradict a local recommendation on a specific road project.

"This commission, more than any prior one, has acted to strengthen decision making at the regional and local level," said Alan Clark, director of transportation planning for the Houston-Galveston Area Council.

Still, Highway 121 is a special case. The state originally picked Cintra for the project four months ago. When that deal prompted a backlash from state lawmakers, regional leaders invited the NTTA to re-enter the bidding process. Members of the RTC – mostly local elected officials – spent more than eight hours combing through the dueling bids before siding with the tollway authority.

Members said they chose the NTTA for several reasons, including the idea of keeping profits in North Texas rather than sending money to Spain.

The tollway authority's cash offer of $3.3 billion was higher than Cintra's. And RTC members said they believe better-than-expected traffic on Highway 121 could generate more revenue for the NTTA to build other roads in North Texas.
The Texas Department of Transportation, which is governed by the state transportation commission, has consistently favored Cintra's proposal.

Since Mr. Perry appoints the five commissioners, the department is under pressure to carry out his initiative to privatize highways. A winning bid for Cintra would signal that Texas' roads are open for business.


Local power

Reversing the RTC's endorsement of the NTTA for Highway 121 would be a hairpin turn from the commission's philosophy of local control, a mantra it has repeated over the past four years.

Regional planning councils used to present the state with a wish list of road projects, then wait for commissioners to pick which ones to fund. Now, the state gives each council a pot of money and asks regional leaders to select projects and prioritize them.

Inflation is chipping away at the state gas tax, the chief funding source to build and maintain roads. Commissioners have encouraged regional councils to generate more public money by seeking toll-road contracts with upfront payments. Highway 121 is Texas' richest such deal yet, with the NTTA and Cintra both offering around $3 billion in cash in return for the right to collect tolls for the next 50 years.

The commission's chairman, Ric Williamson, declined to comment last week on the upcoming vote on Highway 121. But in late March, days after the RTC invited the tollway authority back into the bidding process for Highway 121, Mr. Williamson all but guaranteed that commissioners would defer to regional leaders.

"We want to administer the award of that construction contract according to the regional leadership," he said. "We just believe that if you have a strategy that says empower local and regional government, that's what that means and you stay out of it, other than making sure the law is followed and making sure good engineering practices are used. If you're going to let go and let people assume a regional perspective, that's what you have to do."
Other commissioners, however, have raised concerns that the volatile and unorthodox bidding process for Highway 121 may prompt Cintra to sue the state.

And Transportation Department officials have circulated letters suggesting that yanking the project from Cintra could cost the state federal funds. A state engineer even wrote a memo suggesting that the NTTA could go bankrupt if it's awarded the project. James Bass, the department's chief financial officer, has since called the memo "moot."

The department's two representatives on the regional council voted for Cintra's proposal. And Mr. Bass said earlier this month that if commissioners ask for a staff recommendation on Thursday, the department's review team will recommend Cintra.

How much weight the commission would give a staff assessment is unclear. While commissioners emphasize local control, they also have embraced private companies – Cintra, for example – as a key solution to the state's transportation problems.

"You had a monopoly called TxDOT. We're trying desperately to dismantle that monopoly," Mr. Williamson said during a meeting with reporters last month.

"We try to move wherever we can to insert competition and competitive pressure into the decision-making process, in the broader context of letting regional leaders judge who has the best proposal in that competitive process," he said.


New territory

Should commissioners reject the NTTA proposal, local officials say, it will be the first time the panel has reversed an RTC decision.

Mr. Trevino, the mayor of North Richland Hills and the RTC's new chairman, said members of the regional council tangled with commissioners last year about a proposed Trans-Texas Corridor route that local leaders felt ran too far east of Dallas to benefit the region economically.

Commissioners ultimately agreed to study another route that would include the future Loop 9 project near the Ellis-Dallas county line, bringing the corridor closer to North Texas' urban areas.

Still, Mr. Trevino said, it's possible the commission will overturn the RTC vote on Highway 121.

"I don't think it'd be the best thing for them to do," he said. "But then again, they march to a different drummer than we do."

State lawmakers warn that rejecting the RTC vote would snub the Legislature, which passed a law requiring that NTTA be awarded Highway 121 if its proposal were financially superior.
Transportation officials across Texas will be watching Thursday's meeting for clues on how the commission will handle local recommendations on future toll deals.

"It'll set the tone," said Sid Martinez, director of San Antonio's transportation planning agency. "If they go with the RTC's recommendation, then we know in the future that more than likely they will honor the vote of the local and regional players. If they don't, then we know that it might be a tougher landscape."

The commission overruled El Paso's regional council last year during a debate over whether the city could establish its own transportation authority. But none of the state's five largest planning organizations could recall being reversed on a specific road project.

Michael Aulick, executive director of the Capital Area Metropolitan Planning Organization in Austin, said he couldn't think of any similar battles between his group and the commission.

But Mr. Aulick said the Highway 121 debate is different because of the billions at stake and the unprecedented choice between hefty public and private toll bids. "We're not in y'all's league," he said. "Dallas-Fort Worth plays a much bigger game. They play the NFL compared to what we do down here."
See map in Dallas Morning News
DMN Survey: Tell Us: Should NTTA get the 121 contract over Cintra?

Agenda for June 28 Texas Transportation Committee Meeting

Many of the players in this saga from the DFW area will be in Austin tomorrow at the Texas Transportation Commission Meeting: Thursday, June 28, 2007 - convene 9:00 a.m. - 125 East 11th Street, Austin, Texas 78701-2483

Texas Transportation Commission Members: (will meet June 28th to rule on whether the NCTCOG's RTC's recommendation that the Public Toll authority NTTA is awarded the contract for SH121 over Cintra.

Ric Williamson, Chair of Weatherford
Hope Andrade, Commissioner from San Antonio:
--Governor’s appointee to the Texas Turnpike Authority,
--Board member and vice chair of VIA Metropolitan Transit (San Antonio)
--Board member, Free Trade Alliance of San Antonio

Ted Houghton, Commissioner of El Paso

Ned S. Holmes, Commissioner of Houston:
--chairman and CEO of Parkway Investments, a company that develops and manages real estate nationwide.
--formerly with Texas Parks and Wildlife (and we know what a great job they did with Parks and Wildlife under Perry's administration)

Fred Underwood, Commissioner, of Lubbock
-- president and CEO of the Trinity Company, a cotton bale storage facility.(Warehousing)

AGENDA
Agenda item 6:

6. Toll Projects

a. Collin and Denton Counties – Consider the recommendation of the Regional
Transportation Council concerning the financing, construction, and operation of
the SH 121 project from Business SH 121 to US 75 in Denton and Collin counties (MO)

Media Video feed of the meeting will be available on Thursday at this link:
Video Feed

OPINION - from the Star-Telegram: The choice is easy, actually

Fort Worth Star-Telegram - Sun., June 24, 2007
It's not the least bit hard to describe the choice that Texas Transportation Commission members will face Thursday at their meeting in Austin: (1) Agree with the overwhelming preference of this region's elected officials and allow the North Texas Tollway Authority to build the Texas 121 toll road in Denton and Collin counties, or (2) award the lucrative project to the apparent favorite among state toll road devotees, the Spanish company Cintra.

From here, it's an easy decision: Pick NTTA.

But there is reason to worry that in the boiling pot of Austin politics, the commission may see things differently. Because of its ongoing efforts to build sections of Gov. Rick Perry's proposed Trans Texas Corridor, Cintra holds special status in state transportation circles.

Thirty-seven members of the Regional Transportation Council, representing cities and counties and transportation providers in the Dallas-Fort Worth area, studied the competing proposals from NTTA and Cintra for weeks. With input from transportation and financial experts and after much debate, they voted 27-10 on Monday that NTTA's proposal offered greater financial value for the region.
That's exactly the standard on which this decision must be made, and local officials are the best ones to judge it.

This is not a hard choice. The Transportation Commission should make short work of it on Thursday and award the Texas 121 tollway project to NTTA.

Anything else would be substituting state politics for local decision-making.

In the background

Three factors influenced Regional Transportation Council members in picking NTTA for the Texas 121 project:

NTTA offered more money up front ($2.5 billion) and more money over the 50-year life of the contract ($833 million in current dollars) for the right to build the project and collect the tolls. Those payments will be used for other transportation projects across Tarrant, Dallas, Denton and Collin counties. Cintra offered $2.1 billion up front and $700 million over the life of the contract.

Over time, the NTTA proposal has greater upside potential for the region. Inevitable growth in Denton and Collin counties reasonably can be expected to push the traffic count on Texas 121 above current forecasts. Cintra would hand the additional revenue from that growth over to its investors. NTTA would keep the money at home and use it on other local projects.

Despite disagreements that some of these officials have had with NTTA in the past, on a long-term project like this they'd still rather deal with a local public agency led by a locally appointed board than with a foreign company. NTTA has plans to start work on five other tollway projects in the next five years, four of them crucial to Tarrant County drivers: Texas 170 near Fort Worth Alliance Airport, the Southwest Parkway stretching into Johnson County, a southern extension of Texas 360 and (just over the line in Dallas County) construction of Texas 161 between Texas 183 and Interstate 20.

Four years ago, the Transportation Commission authorized planning organizations like the Regional Transportation Council to set priorities and guide spending on road and transit projects in the state's major metropolitan areas. That policy included -- even emphasized -- toll road projects.

Ric Williamson, then a commission member and now its chairman, called that local decision-making "clearly the thrust of the governor's instruction about the metros" and said the emphasis on local direction represented "monumental steps" beyond the prior procedure of centralized decision-making from Austin and piecemeal funding of projects across the state.

Local officials have made the big decision on Texas 121. Now Austin should back them up.

So what about Cintra?

The Transportation Commission clearly has the final authority to approve projects in the state highway system, including this one.

Two points could be used to try to spin the decision in Cintra's favor:

State officials picked Cintra's proposal in February as the best among three private company bids on the Texas 121 project. Local legislators were outraged that NTTA had been discouraged from bidding at the time, and they passed a law that reopened the bid process.

Some Cintra backers have said that the reopening violated federal procurement rules and that the Federal Highway Administration might require that the $237 million that it has invested in Texas 121 be returned to Washington. Texas Sen. Kay Bailey Hutchison objected to that interpretation in a May 1 letter to federal highway administrators.

Indeed, this one is a real stretch.

What the federal money paid for has already been delivered: the main lanes of the existing Texas 121 bypass around Lewisville. North Texans are driving on that road (also a tollway) and will continue driving on it. The fact that the new toll road would connect to it should make no difference to federal officials. NTTA plans to use no federal money on the new project.

Some hand-wringers among the Cintra backers say that the Spanish company, having invested a lot of money in its Texas 121 proposal since the state first invited interested parties to take a look at the project more than two years ago and having been selected once as the apparent best bidder, might sue if the contract is given to NTTA instead.

Anybody can file a lawsuit, but it's unlikely in this case. Cintra is aggressively pursuing other Texas toll road business, and taking the state to court would be shooting itself in the foot.

In addition, state law provides that even unsuccessful bidders in cases like this should be reimbursed for their expenses by the state or the region. That will cost a few million dollars, but it would make Cintra whole again -- and the money is only a drop in the bucket when compared with the $400 million in upfront money by which NTTA's bid
See Star-Telegram Opinions Page

NTTA gets OK for 121 toll project

State board must still approve deal
By MICHAEL A. LINDENBERGER and JAKE BATSELL - The Dallas Morning News - Tuesday, June 19, 2007

The North Texas Tollway Authority won the strong support Monday of local officials charged with deciding who will build the lucrative but controversial State Highway 121 project.

The Regional Transportation Council voted 27-10 to recommend that the state reverse course and award the contract to the tollway authority – and not to the Spanish construction firm Cintra.

The decision marks a reversal from last winter when the Texas Department of Transportation had tentatively awarded the contract to Cintra, which had beat two other private bidders with a promise to pay the state government nearly $3 billion for the right to collect tolls on the 26-mile road for the next 50 years.

"It's probably been the toughest decision that I've had to make in the 10 years I have been on this committee," Tarrant County Judge Glen Whitley said just before casting his vote for NTTA.

Mr. Whitley said the authority's bid promised even more up-front money to the state than Cintra.

"If we go with Cintra, we do leave money on the table," he said. "We leave money on the table up front, we leave it on the table in the payments over the 50 years. ... So, sure it is a risk, but this the crown jewel of toll projects in the state, and maybe even in the country."

The Texas Transportation Commission is expected to render a final decision on the project at its June 28 meeting in Austin.

Over the last two weeks, Cintra had tried again and again to underscore the risks it said were inherent in the NTTA bid. The authority offered more money up front, Cintra said, but it did so at a risk of increased toll rates in the future if traffic volume forecasts are not met.

Many of those casting the 10 votes in favor of Cintra seized on those arguments, and on analyses by the Texas Department of Transportation and global accounting firm Price Waterhouse Coopers that reached similar conclusions.

"We cannot gamble on this," Denton County Commissioner Cynthia White said. "We have to go with what is a for-sure deal. Cintra comes out ahead against NTTA, and that is the cold hard facts. Theirs is the only proposal that guarantees a [financial] return to the region at the end of the contract."

NTTA chairman Paul Wageman had countered earlier in the day, however, that council members should go with the bid by the entity they know best, and with the project that paid the biggest amount of money up front.

"In the end, I think it was that our proposal was a superior financial deal, and because of our track record in this region,"

a smiling Mr. Wageman said after the vote.

Jose Lopez, the president of Cintra's North American operations, said the bidding process was fair. But he said his company's proposal was clearly better.

"We will just have to wait and see what the TxDOT commissioners have to say, since they are the ones that have the final say," Mr. Lopez said. "We respect the decision by the RTC, but we still are certain that our proposal was better, way better, for the region."
The Texas Transportation Commission's five members, all appointed by Gov. Rick Perry, are not bound by Monday's vote.

That worries state Sen. Florence Shapiro, R-Plano, who attended Monday's vote.

Ms. Shapiro noted that the two Transportation Department's representatives on the Regional Transportation Council voted in favor of Cintra's bid. Last week, TxDOT's chief financial officer said his department would recommend Cintra for the contract – if commission members asked for an opinion.

"That's probably pretty indicative of what they're going to do on the 28th," Ms. Shapiro said. "I am very concerned about it and intend to be there to listen and to watch and to see how it's handled.
"The commitment that ... [Texas Transportation Commission members] made – and I heard it with my own ears – was that whatever the region decided was what they would move forward with. This was overwhelming, 27-10, and I think that is a very strong message to take to TxDOT."

Bill Hale, one of two TxDOT employees on the council, said he expects Texas Transportation Commission Chairman Ric Williamson to give great weight to Monday's vote.

"That's what he has said in the past they intend to do," said Mr. Hale, the top engineer on TxDOT's Dallas-area staff.

Mr. Hale, who voted in favor of awarding the contract to Cintra, said he will now support NTTA's involvement in the project.

Ms. Shapiro's concern reflects the mood of many state lawmakers.

The transportation commission gave Cintra preliminary approval for the Highway 121 contract in February. Immediately, lawmakers reacted angrily to the prospect of signing a lease with a foreign company to operate toll roads that will span generations. And they quickly pressured the RTC to invite the NTTA to submit a bid, paving the way for a rival to Cintra.

"It is exactly what I had hoped would happen," Ms. Shapiro said. "We gave them the opportunity today, but they had to perform and they had to produce. And they did."
Fort Worth City Council member Wendy Davis said that if the contract ends up with NTTA, North Texas may lose out on private investment in the future.

"What we are going to do today is not just going to impact our decision on Highway 121, but I can assure you that it will impact our ability to attract private businesses in the future," she said. "If I was Cintra, I would learn a valuable lesson. And that lesson is that no matter how many steps are put in place to make sure the process is fair, the deck is going to be dealt in such a way that favors" a public entity such as NTTA.

Still, Richardson City Council member John Murphy, who voted for NTTA, encouraged his colleagues to feel good about the vote, no matter which side they favored.

"This is about the future and the future has changed for us," Mr. Murphy said. "Not long ago we were at a point where we were saying, 'Oh my gosh, where are we going to get the money to build roads?' Now, we're saying instead, 'Show us the money.' "

The Texas Transportation Commisson will rule on accepting or rejecting the RTC's choice of NTTA for SH121

Citizens and delegations wishing to address the Texas Transporation Commission regarding selection of NTTA for SH121 will have to request a waiver of the 90 requirement to be put on the agenda. They may not waive the time frame. There is a comment session at the end of the meeting and persons present can register to speak a the hearing. However, they will proabably have already ruled on accepting or rejecting the RTC selecion of NTTA for SH121.

HERE ARE THE STATEMENTS REGARDING PUBLIC ACCESS AND COMMENTS AT THE TEXAS TRANSPORTATION COMMISSION MEETINGS:

Public Access to the Texas Transportation Commission

Local citizens and interest groups can form delegations and make presentations before the commission at their monthly meetings. Individual citizens also have the opportunity to express their concerns about any item posted on the agenda, or any issue that falls under the commission’s jurisdiction. To learn more about delegations or how to be added to the commission’s meeting agenda, please visit the Texas Administrative Code Web site and click on §1.4.
If you are unable to attend commission meetings, you may write a letter to the commission at 125 East 11th Street, Austin, Texas 78701-2483

.

(d) Delegations.

(1) Petition. A delegation consisting of the representatives of one or more local governments or of an organization of two or more persons may petition the department to appear before the commission to seek commission action on a maximum of three specific transportation projects, or on the general transportation needs for a specific geographical area.

(2) Content of petition. A petition filed under this subsection must be in writing, directed to the department's district office of the district in which the project is located, and must be received by the chief executive officer in charge of the district (district engineer) no less than 90 days prior to the date of the requested appearance. The petition must include:

(A) the name and address of the petitioner;

(B) a statement that the petitioner desires to appear on the petitioner's own behalf or as the representative of a named organization or local government;

(C) a clear and concise statement of the subject of the proposed presentation;

(D) a brief summary of the action sought;

(E) a brief description of known or potential adverse impacts on the environment;

(F) the name and address of each opponent, if any, to the proposed action or relief sought; and

(G) a statement of the applicable metropolitan planning organization's position and endorsement, if any, of the project or projects.

(3) Highway projects. A delegation requesting action on a highway project must submit with the petition a letter containing:

(A) project limits;

(B) an estimate of the cost of the project;

(C) a description of the existing facility (if any);

(D) a description of the requested improvement;

(E) proposed local government participation (city, county) for:

(i) right-of-way;

(ii) utility adjustments;

(iii) environmental mitigation;

(iv) construction; and

(v) other project components; and

(F) any proposed participation in the project by other public or private entities.

(4) District review. The district will review the petition and advise the delegation if any additional information is necessary. The district will submit to the executive director the petition followed by a report containing background information, the district's analysis, and district recommendations.

(5) Opposition. The department will notify any opponents identified in a petition filed under this subsection or who may be otherwise known to the department. An opponent will be afforded an opportunity to appear before the commission as provided in paragraph (6)(A) of this subsection

.

(6) Presentation.

(A) Except as provided in subsection (h)(6) of this section, a delegation will be allowed to speak for a maximum of 20 minutes on a maximum of three projects prioritized by the delegation or on the general transportation needs for a specific geographical area, and opponents will be allowed to follow the presentation of the delegation with a presentation not to exceed a total of 20 minutes.

(B) Other than elected public officials, no more than three persons may speak for a delegation.

(e) Open comment period.

(1) At the conclusion of the posted agenda of each regular business meeting the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the commission.

(2) A person desiring to appear under this subsection must complete a registration form, as provided by the department, prior to the beginning of the open comment period.

(3) Except as provided in subsection (h)(6) of this section, each person will be allowed to speak for a maximum of three minutes for each presentation in the order in which he or she registered.

(f) Disability accommodation. Persons with disabilities who have special communication or accommodation needs and who plan to attend a meeting may contact the office of the secretary to the commission in Austin. Requests should be made at least two days before a meeting. The department will make every reasonable effort to accommodate these needs.

(g) Notice. For each commission meeting an agenda will be filed with the Texas Register in accordance with the requirements of the Open Meetings Act, Government Code, Chapter 551.

(h) Conduct and decorum. The commission will receive public input as authorized by this section, subject to the following guidelines.

(1) Questioning of those making presentations will be reserved to commissioners and the department's administrative staff.

(2) Organizations, associations, or groups are encouraged to present their commonly held views, and same or similar comments, through a representative member where possible.

(3) Presentations shall remain pertinent to the issue being discussed.

(4) A person who disrupts a meeting must leave the meeting room if ordered to do so by the chair.

(5) Time allotted to one speaker may not be reassigned to another speaker.

(6) The time allotted for presentations or comments under this section may be increased or further limited by the chair, or, in the chair's absence, the acting chair, as may be appropriate to assure opportunity for the maximum number of persons to appear.

(i) Waiver. Subject to the approval of the chair, a requirement of this section may be waived in the public interest if necessary for the performance of the responsibilities of the commission or the department.

Full text of Commission Policy

Meetings are usually held at the DeWitt C. Greer building in Austin, located at 125 East 11th Street. To make it easier for citizens throughout Texas to participate in the transportation planning process, the commission schedules 3-4 meetings a year at locations around the state.

The Texas Transportation Commission Website states:
Q.How can I make a presentation to the Commission?

A step-by-step process must be followed before a delegation appears before the commission. The following steps require at least three months of preparation:

A delegation or group interested in appearing before the commission should contact their local TxDOT district office. The district can provide information regarding petition content and a copy of Title 43, TAC, §1.4(d) to the delegation.
No less than 90 days prior to the requested appearance date, the delegation submits a petition to the district engineer in the district where the request(s) is located.
Within 7 days after receipt of the petition, the district reviews the petition using the petition requirements checklist and advises the delegation if further information is needed or if the subject of the request does not fall under commission jurisdiction.
No less than 80 days prior to the requested appearance date, the district mails or faxes the petition to the executive director. Note: The district must include the names, addresses, and telephone numbers of any opponents which are not included in the petition, but are known to the district.
After receipt of the petition, the deputy executive director’s office notifies opponents of the delegation and asks if they want to appear before the commission.
No less than 70 days prior to the requested appearance date, the deputy executive director’s office considers the delegation for scheduling and notifies the delegation and opposition, if any, of the scheduling decision by letter.
No less than 35 days prior to the requested appearance date, the district prepares and submits a delegation report packet to deputy executive director.
No less than 10 days prior to the scheduled appearance date, the deputy executive director’s office prepares an executive summary using the delegation report and other pertinent information and submits this executive summary to the district for approval.
No less than 7 days prior to the scheduled appearance date, the deputy executive director’s office distributes copies of the executive summary, in its final form, to the commission, the governor, and appropriate TxDOT administration. (The district delegation report is made available upon request).
On the scheduled appearance date, the scheduled delegation and opponents appear before the Texas Transportation Commission.
Approximately 60 to 90 days after the delegation appearance, the deputy executive director’s office responds by letter to the delegation’s request(s).