Where to find public notices of Trans Texas Corridor

If you have been looking for public notices regarding the Trans Texas Corridor in the Texas Register as was prescribed by State Law, you probably had a hard time finding them. Those notices, under the Perry Administration, were sometimes posted on the Secretary of State's website. Now the law has been changed to comply with practice since practice did not comply with the law.

From the Minutes of the Texas Transportation Commission, August 27, 2009
Chapter 1 – Management and Chapter 24 – Trans-Texas Corridor (MO)
Amendments to §1.82, Statutory Advisory Committee Operations and
Procedures, §1.84, Statutory Advisory Committees, and §1.85, DepartmentAdvisory Committees (Advisory Committees); and Amendments to §24.13, Corridor Planning and Development (Development of Facilities) The Secretary of State currently publishes open meeting notices on the Secretary's website rather than in the Texas Register. The amendments conform the rules to the Secretary's practice. Due to recent legislation, the amendments also change the composition and selection of the public transportation advisory committee. Finally, the amendments change the rules governing advisory committees to extend committee sunset dates for committees under Chapter 1 and to provide for committee sunset dates for corridor segment committees under Chapter 24.

Perry vetoes bill to prohibit TxDOT’s ad campaigns to sway public opinion in favor of tolling

Citizen lawsuit to stop TxDOT’s taxpayer-funded lobbying to continue

By Terri Hall -TURF.– June 23, 2009

Austin, TX - Governor Rick Perry vetoed HB 2142 (authored by Rep.Ruth McClendon), which could have settled the issue of the Texas Department of Transportation's (TxDOT) misuse of taxpayer money to attempt to sway public opinion in favor of toll roads, particularly privatized toll roads, and the Trans Texas Corridor.

“Governor Perry prefers to pour salt in the wound instead of allow meaningful reform of his highway department that’s run amok and lost the trust of many Texans. The wholesale outrage over TxDOT’s propaganda campaign from taxpayers and lawmakers alike prompted the Legislature to act, and, as is his usual course of action, Perry instead chooses to stick his thumb in Texans’ eyes rather than protect citizens from the abuses of taxpayer-funded lobbying,” concluded Texas TURF Founder Terri Hall.

"Losers" still get paid

To further demonstrate the Governor's (and Legislature's) total disregard for fiscal responsibility when it comes to toll roads, he also signed SB 882 (authored by Sen. John Carona) that EXPANDS payments to LOSING bidders by Regional Mobility Authorities (RMAs) to design-build contracts and allows those payments to exceed $250,000 (which was the cap placed on payments to losing bidders on Comprehensive Developments Agreements in 2007)!

"The mantra in Austin is 'the sky is falling, we have no money for roads,' yet we have money to pay LOSING BIDDERS who won't even build any roads? Wouldn't every other industry that bids on government contracts love this goodie? They didn't pass a bill to continue TxDOT or the Department of Insurance, but they were sure to pass this one," Hall noted.

SB 882 also repeals the prohibitions on Board members and RMA Directors from receiving gifts and contributions, which clearly takes a step backwards and allows conflicts of interest to abound.

Keep Texas Moving dubbed propaganda campaign

Lawmakers studied TxDOT's ad campaign in-depth in the interim between the 2007 and 2009 legislative sessions where even the Director of the Government and Public Affairs Division (GPA), Coby Chaseadmitted in testimony before the State Affairs Committee that “maybe we did overdo it.” Both chambers overwhelmingly passed this bill to send a clear message that TxDOT can only provide public information not crossover into public persuasion on the taxpayers’ dime. As a result of its overreach, the TxDOT sunset bill, HB 300 (which failed to pass), had required the GPA division report directly to the Legislature.

In 2007, TxDOT raised eyebrows when it waged an ad campaign called Keep Texas Moving that clearly tried to change public opinion in favor of Perry’s toll road policies, including hiring registered lobbyists (in excess of $100,000 a month) to get buy-in from local elected officials for the Trans Texas Corridor and persuade members of Congress to allow TxDOT to buy-back existing interstates for the purpose of tolling them. (Read more here.)

TURF vs. TxDOT before the Appeals Court

TURF appeared before the Third District Court of Appeals April 24, 2009, in its lawsuit (TURF vs. Texas Department of Transportation or TxDOT) to halt the misuse of taxpayer money for attempting to sell the public on toll roads. Justices demonstrated they were monitoring the actions of the lawmakers in regards to legislation pertaining to the case and noted that the Legislature had acted. TURF attorney, Charles Riley, pointed out that the public cannot be assured TxDOT has been restrained by proposed legislation since the Governor could still veto it. Unfortunately, Riley was proven right by Perry’s veto Friday. Perry’s veto all but ensures the case will continue.

The lawsuit was brought in September 2007 pursuant to § 37, Texas Civil Practice and Remedies Code. TURF believes the law clearly prohibits TxDOT’s expenditure of public funds for the Keep Texas Movingpro-toll, pro-Trans Texas Corridor propaganda campaign.

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 directly lobbied the United States Congress in favor of additional toll road programs as evidenced in its report, Forward Momentum.

Not a license to lobby the public and elected officials

TxDOT claims it has the authority to advertise and promote toll roads citing Chapter 228.004 of the Transportation Code. However, lawmakers have stated they never intended that law to give license to TxDOT to lobby the public in favor of toll road policy, but rather advertising more akin to “get your Toll Tag here.” Rep. Lois Kolkhorst said in an Express-News article in September 2007, "The Legislature did not tell TxDOT to go on a media campaign explaining the pros of the Trans-Texas Corridor and private equity investment (in toll roads).”

“TxDOT is still waging a one-sided political campaign designed to sway public opinion in favor of the policy that puts money in TxDOT’s own coffers. TxDOT may have ceased hiring outside consultants, but by its own admission, it has instead hired an in-house lobbyist, and its Keep Texas Moving web site and use of Department resources continue to attempt to get buy-in for toll roads from lawmakers and the public alike,” says an incredulous Hall.

On August 22, 2007, TURF filed a formal complaint with the Travis County District Attorney to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here. TURF's petition seeks to stop TxDOT's misuse of taxpayer money in a civil proceeding.

Terri Hall is the Founder of Texas TURF. TURF is a non-partisan grassroots group of citizens concerned about toll road policy

Toll foes, environmentalists urge brakes on stimulus spending for highways

By Peggy Fikac - Houston Chronicle - March 03, 2009

Toll road opponents and environmentalists today said they want to put the brakes on the Texas Transportation Commission's plans to allocate $1.2 billion in stimulus funds for highway projects Thursday.

They're particularly conccerned about toll projects, which make up $700 million of the total.

"How many times do we have to pay to drive the same stretch of road?" asked Terri Hall, founder of Texans Uniting for Reform and Freedom.

One focus of criticism was the Grand Parkway project in Harris County, which one protester's sign dubbed the "Grand Porkway."

Texas Department of Transportation spokesman Chris Lippincott gave the quickest possible "no" when asked whether it's possible that the commission would put off Thursday's vote. The commission had already delayed action from last week after some legislative concern surfaced about the speed with which the agency is acting on stimulus funds.

Lippincott emphasized, as he has before, that the list was developed in coordination with local transportation officials. He said none of the projects is new, and that the commission had been clear that it wanted to spend stimulus money on projects that pooled resources, including revenue from tolls.

He also said that paying a toll is no different from paying to get into a high school football game at a stadium built with tax money.

While the protesters were at the Texas Capitol, Lippincott said, President Obama was making the case at the U.S. Department of Transportation that stimulus money should be spent "immediately and responsibly to keep our economy and our people moving."

The commission last week voted to approve $505 million in maintenance projects for roads and bridges, leaving $1.2 billion in stimulus funds under its purview to be allocated Thursday.
Read more in the Houston Chronicle

TTC-69 lobby group, Alliance for I-69, takes their show on the road

By Terri Hall - TURF - Aug. 9, 2008
Alliance for I-69 is the biggest pro-TTC-69 lobby group in the state. Their chief lobbyist, Gary Bushell, is also the same lobbyist TxDOT illegally hired with taxpayer money to lobby elected officials in the path of the TTC-69. Bushell is also a notable campaign contributor to MANY politicians, Bexar County Rep. Frank Corte among them. Today, Alliance for I-69 teamed up with Zachry, who along with Spanish company ACS won the development rights to TTC-69 in June, hit Victoria with their dog and pony show, and they’ve been in Austin hitting up lawmakers, too. Their logo on the material they left with lawmakers even has a Canadian, Mexican, and U.S flag morphed together, yet TxDOT denies the Trans Texas Corridor is about NAFTA, international trade, the movement of freight/goods, or the economic integration of the three countries.

I-69 partners make presentation
Victoria Advocate - August 05, 2008

The Alliance for I-69 Texas and U.S.-owned company Zachry American Infrastruture have partnered up and are traveling across the state giving presentations on I-69. On Tuesday, they stopped in Victoria.

During the short initial meeting, city leaders met with Gary Bushnell of the advocacy group and Gary Kuhn, senior project manager for Zachry, the firm awarded the contract for the superhighway.

The Interstate 69 corridor project is a proposed multi-use, statewide network of transportation routes in Texas that will incorporate existing and new highways, railways, utility right-of-ways and toll roads. Zachry was awarded the contract for the project in June by the Texas Transportation Commission.

The presentation focused on ways Victoria could use I-69 to their economic advantage and about the potential the corridor has in terms of new transportation technology.

According to Kuhn, Zachry is working on a master plan that takes into account local projects Texas communities want to do and how the company can help improve local economic development. Kuhn also discussed Zachry’s proposal for a freight shuttle that would go alongside the existing route of U.S. 77 in Victoria. According to Kuhn, the freight shuttle combines the best characteristics of the rail and truck transportation, but is more efficient, cheaper and causes less pollution. He added that it would run on electromagnetic pulses that create motion and a freight shuttle system across Texas could be up and running by as early as 2015.

“We’ve been working with the Alliance to visit all the communities involved in the I-69 Interstate. There is a lot of collaboration that needs to take place among these communities,” Kuhn said. “It’s a kind of one for all and all for one deal.”

The meeting included Mayor Will Armstrong, Dale Fowler of the Victoria Economic Development Corp. and Lee Swearingen of the Victoria County Navigation District.

Read more in TURF and in the Victoria Advocate

TxDOT Trans Texas Corridor TTC69 Townhall Meeting Beeville - Hank Gilbert

Linda Stall discusses TxDOT's view of "Highest and best use of land" and pass along cost to the taxpayer. Linda tells TxDOT that hundreds of people have been in that hall tonight who are satisfied with the current best use of the land:





Part II - TxDOT discusses eminent domain and Quick Take Process with Hank Gilbert:


Trey Duhon discusses transportation funding with TxDOT officials:


Martha Estes reads poem on Mary Peters:


800PACK HALL IN HEMPSTEAD - WALLER COUNTY OPPOSING TTC-69:

TxDOT on the legislative griddle Feb. 5

By Ben Wear - The AUSTIN AMERICAN-STATESMAN - Wednesday, January 23, 2008

Shine your shoes and haul out a clean shirt, TxDOT. The Legislature wants to see you on Feb. 5. All day.

The Senate Transportation and Homeland Security Committee and the Senate Finance Committee have called what would be a very rare joint meeting at 9 a.m. Feb. 5. The meeting would be in the Finance Committee’s meeting room in the Capital Extension, E1.036.
The subject: “The Texas Department of Transportation’s 2008-09 appropriations.” Translated, that means, we want to pin you down and find if you really and truly are suddenly out of money. TxDOT shook up the Texas transportation world, and quite a few powerful legislators, over the past two months by suddenly cutting money for project engineering and right of way and announcing it will award no new road construction contracts after Feb. 1. Frankly, a lot of lawmakers think TxDOT is playing politics with its books.
After these two committees are through, probably around noon, then the Legislative Study Committee on Private Participation in Toll Projects (called the CDA committee or 792 committee informally) will meet at 1 p.m. in the same room. That committee, which includes three appointees each by Gov. Rick Perry, Lt. Gov. David Dewhurst and House Speaker Tom Craddick, was created by SB 792 and told to look at the private toll road contracts that stirred up the Legislature last year. This is that committee’s first meeting.
Meanwhile, TxDOT is under review by the Sunset Advisory Committee as well.
Better get a couple of clean shirts. And maybe some underwear as well.

Read more


Committee Information:
Senate Members:
Sen. John Carona
Sen. Robert Nichols
Sen. Tommy Williams

House Members:
Rep. Aaron Peña
Rep. Larry Phillips
Rep. Wayne Smith

Public Members:
John W. Johnson
Robert W. Poole Jr.
Grady W. Smithey Jr.


FROM THE LEGISLATIVE REFERENCE LIBRARY - Legislative Reports
PRIVATE PARTICIPATION IN TOLL PROJECTS - LEGISLATIVE STUDY - 80th R.S. (2007)

Committee Members; Rep. Aaron Pena, Rep. Larry Phillips, Rep. Wayne Smith
Committee Charges:
1. The legislative study committee shall select a presiding officer from among its members and conduct public hearings and study the public policy implications of including in a comprehensive development agreement entered into by a toll project entity with a private participant in connection with a toll project a provision that permits the private participant to operate and collect revenue from the toll project. In addition, the committee shall examine the public policy implications of selling an existing and operating toll project to a private entity.
Not later than December 1, 2008, the legislative study committee shall:
(1) prepare a written report summarizing:
(A) any hearings conducted by the committee;
(B) any legislation proposed by the committee;
(C) the committee's recommendations for safeguards and protections of the public's interest when a contract for the sale of a toll project to a private entity is entered into; and
(D) any other findings or recommendations of the
committee; and
(2) deliver a copy of the report to the governor, the
lieutenant governor, and the speaker of the house of
representatives.
Note: Created pursuant to SB 792, 80th Legislature.
NOTE: Martha Estes contributed to this post.

TxDOT Critics Named to Sunset Review Commission-

By Martha Estes - Jan. 9, 2007
FYI: about the Commission
The Commission includes twelve members. The lieutenant governor and the speaker each appoint one public member and five members from their respective chambers. They also appoint alternating chairs and vice chairs for two-year terms. Legislative members serve four-year terms and public members serve two-year terms.

The Sunset process works by setting a date on which an agency will be abolished unless legislation is passed to continue its functions. This creates an opportunity for the Sunset Commission and the Legislature to study each agency closely and make fundamental changes to its mission or operations if necessary. This includes holding public hearings and issuing a final report of findings with recommendations as to whether the reviewed state agency's mandate will be renewed or expired.

Agencies are typically reviewed every twelve years and up to 30 agencies can go through the Sunset process each legislative session. Some of the agencies up for review this term are the Texas Department of Agriculture, the Texas Department of Insurance, the Texas Parks and Wildlife Department, the Texas Department of Public Safety, the Office of State-Federal Relations, the Texas Department of Transportation and the Texas Youth Commission.

Also FYI: about the Members
On October 9, 2007 Speaker Tom Craddick (Midland) announced the appointments of #1 Rep. Linda Harper-Brown (Irving) and #2 Rep. Carl Isett (Lubbock) and the reappointment of #3 Ike Sugg of San Angelo, a public member of the Commission. Isett will serve as chair of the Commission.
#4 Rep. Lois Kolkhorst (Brenham), #5 Rep. Ruth McClendon Jones (San Antonio), and #6 Rep. Dan Flynn (Van) are members serving the last two years of their four-year terms (2009). Before Rep. Kolkhorst's prominent role in the opposition to the TTC footprint in the 2007 Legislative Session she was the expected Chair for the Sunset Commission.

Note: We need to keep in mind that Sen. Hegar carried the battle in the Senate for the Eminent Domain/Private Property Rights bill # 2006 to protect property owners in Condemnation. It had great support in both chambers and was vetoed by Perry.

Read more at Working for Accountable Government



TxDOT critics appointed to key state commission
By Will Lutz - The Dallas Blog - Tue, Jan 8, 2008

Rep. Linda Harper-Brown (Irving) and Rep. Carl Isett (Lubbock)Rep. Linda Harper-Brown (Irving) and Rep. Carl Isett (Lubbock by Will Lutz http://www.dallasblog.com/200801081001536/dallas-blog/txdot-critics-appointed-to-key-state-commission.html
Lt. Gov. David Dewhurst today announced his appointments to the Sunset Advisory Commission, and his appointments could spell trouble for the current brass at the Texas Department of Transportation.

Dewhurst appointed the following people: #1 Sen. Glenn Hegar (R-Katy), #2 Sen. Juan "Chuy" Hinojosa (D-McAllen), and #3 Michael Stevens as a public appointee. Dewhurst designated Hegar as the vice chairman of the commission -- the lead Senator on the Sunset Advisory Commission. The appointments are important because the Sunset Advisory Commission is scheduled to review the often controversial Texas Department of Transportation in 2009.

Hegar made stopping the corridor one of the key themes of his successful Senate race in 2006.

Stevens is known for his work on the Governor's Business Council and for chairing the council's Transportation Task Force. The Task Force released a report critical of Department of Transportation's estimated costs of building roads in metropolitan areas.

The Sunset Advisory Commission was originally created to determine if state agencies needed abolition or consolidation. But its mandate has since been expanded to examine how to improve the structure of state agencies. The commission's recommendations become drafted in bill form and then those bills are considered by the Legislature in the next legislative session.

Hegar, Stevens, and Hinojosa join #4 Sens. Bob Deuell (R-Greenville), #5 Kim Brimer (R-Arlington), and #6 Craig Estes (R-Wichita Falls) who are serving the last two years of their four-year terms. Hegar and Hinojosa were appointed to four-year terms, and Stevens was appointed to a two-year term. They join six appointees of the House speaker on the commission."I truly appreciate the willingness of all three of these individuals to serve on this important commission," Dewhurst said. "I know each of them will provide knowledgeable and thought-provoking contributions as the Sunset Advisory Commission undertakes the review of some of our most important state agencies."
Read more in the Dallas Blog

Obscenity

By Faith Chatham - DFW RCC - Sept. 27, 2007
TxDOT and Rick Perry say there's no way to build and maintain roads and bridges in Texas without tolls yet TxDOT is spending billions of dollars on lobbying and ad campaigns. TxDOT "mislabeled" millions of dollars of PR spending as engineering.

The Governor's manion needs renovating. The State is spending $9,900.00 a month to rent Rick Perry a mansion. Taxpayers are footing the $1000.00 pet deposit for Perry's dog.

The real danger isn't the probablity of the dog damaging the mansion. It's the reality that this Governor and those he has in charge of policy and spending are "doing it to the people of Texas!"

Conservative? Definitely not.

Prudent? Absolutely not.

Legal? Probaby since the Governor's veto and threat of veto helps determine what remains legal or becomes legal!

Moral? That's for you to determine.

Personally, I see it as absolutely obscene that it was proposed, let alone approved to spend nearly $120,000 a year rent for a residence for ANY ELECTED official.

Who's the landlord? Perhaps we should follow the money and examine the relationships between those who located and approved this property and those who contributed to the decision makers. There may be no conflict of interest. Again there may be.

Money to assist Texans on the Gulf Coast whose homes and businesses were damaged by Hurricane Rita remains undisbursed. It is taking YEARS for Gov. Perry's administration and FEMA to distribute the money in Texas! (The excuse cited is they were trying to be sure that there was not graft and corruption and fraud! Perhaps we should put the people who have been so careful to insure that there is no "fraud" in the Rita distributions in charge of spending in the Governor's office and for administration costs by TxDOT.

Ironically, as time for TxDOT to be reviewed by the Sunset Review Committee nears, some rumblings are circulating about whether Texas should retire the Sunset Review committee!

The real question is whether the Sunset Review Committee will have the integrity to honestly assess corruption, mismanagement, and misappropriation of taxpayers funds and TxDot's failure to deliver necessary services.

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

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

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

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

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

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

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

Sincerely,

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

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

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

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