Sunday, April 12, 2009

Irby quizzed Arlington Mayor Pro Tem Ron Wright about danger of contamination to Pantego's Drinking Water in 2007

Excerpt from Arlington Texan - Oct. 21, 2007


Harriet Irby, of Pantego, became concerned when she learned of gas drilling in adjacent Arlington and Fort Worth. Pantego and DalWorthington Gardens rely on well water for their municipal water supply. At a League of Women Voters Gas Drilling Symposium in 2006 Faith Chatham quizzed Arlington Mayor Pro Tem Ron Wright about the danger of contaminating drinking water through the gas development process. Mr. Wright blew it off as not an issue stating "Arlington doesn't get its drinking water from aquifiers." Harriet Irby spoke up and stated: "But we do in Pantego!" Mr. Wright's response was: "Arlington is always ready and willing to sell water to Pantego!"

Not satisfied with that answer, Ms. Irby began visiting the City Manager and Mayor of Pantego, alerting them to developments in neighboring Fort Worth and Arlington. Dale Henry was always just a telephone call away, advising her and educating her on technical issues which she presented to the leaders of her town. At the time, neither DalWorthington Gardens nor Pantego had gas drilling ordinances. Both have developed some and are polishing them now. Pantego's plans include water testing to establish a baseline plus requirements that gas drillers pay for perodic testing of the water supply. "These are, however, only measures that address part of the danger." Ms. Irby is also concerned with depletion of the water supply through Gas drilling.

Gas is removed from the ground by a fracing process which utilizes millions of gallons of water. Gas drilling is an industrial process which has encroached into high density residential neighborhoods in Tarrant County. In rural western Tarrant County, Parker County and Wise County, some water wells have been sucked dry by the drain on the aquifier by gas drilling. Residential water usage is monitored but industrial gas drilling is exempted from water conservation caps. Current Texas law does not require that water usage for gas drilling be recorded and reported.

Tuesday, April 7, 2009

Senate votes to END moratorium and sell off our highways to foreign toll operators! Bills now go to the House

By Terri Hall - T.U.R.F. - April 6, 2009

The Texas Senate voted 29-2 in favor of re-authorizing private toll contracts that essentially sell our highways to the highest bidder. On a deal just signed in Dallas, Spain-based Cintra got the rights to charge us 75 cents a mile even though $500 million in gas taxes and other public subsidies will be used to build the project in yet another sweetheart deal for corporations and a raw deal for taxpayers! These contracts are also at the heart of the Trans Texas Corridor.

The two voting against were Senators Glenn Hegar and Wendy Davis. Thank Senator Hegar here: glenn.hegar@senate.state.tx.us. Wendy Davis actually wants MORE of these private toll contracts and voted against these bills because she wanted an open door for Cintra instead of giving public toll entities first crack at toll projects, so "no thanks," Senator Davis.

All senators but Wendy Davis voted for SB 17 that purports to protect taxpayers from private toll contracts, called CDAs, but is a sham since TxDOT and toll agencies can waive the steps and jump right to a CDA allowing private corporations to control our public infrastructure!

Friday, March 20, 2009

What Faith Chatham wants to see "tweeked" in Carona's Rail Financing Bill

By Faith Chatham - DFWRCC - March 20, 2009
Financing passenger rail in Texas is one of the few true cures for gridlock and improvements to air quality in the DFW region. Congestion pricing and market valuation on tolled HOV lanes and toll roads will not cure gridlock or improve air quality. Getting cars off the roadways is a much better plan.

Arlington, Texas, in the center of the DFW Region, is the largest city in the USA without mass transit. Over 60% of the residents of Arlington work outside of the city and it is estimated that over 70% of those who work in Arlington reside outside of the city. Except fora pilot program for commuter bus service from two park and ride lots in Arlington to Fort Worth, every worker is dependent upon private automobiles for commuting to and from work. A similar scenario exists in neighboring Grand Prairie.

The Dorothy Spur runs through the downtown business/entertainment districts of both cities. That rail line is currently devoted entirely to freight transportation and a few Amtrak trains a day, none of which actually stop in either Arlington or Grand Prairie. Some freight is switched to feeder tracks in the Great Southwest Business District, but passengers are not allowed to board or exit any passenger train which passes through either of these cities.

Senator Carona authored SB942, a local option transportation bill, in an attempt to generate a source of funding for passenger rail which voters in each county can approve or reject to address regional rail needs throughout the state. SB942 needs a serious overhaul before it is voted on by the Senate or Texas Legislature. Two other rail financing bills, one by Sen. Truitt and one by Sen. Villarreal have been filed. Terry Hall of T.U.R.F. favors Senator Villarreal's version.

I am personally very interested in seeing a tighter, more precisely worded rail financing bill passed by both houses of the Texas Legislature. Current vague wording in all versions before the Senate present pittfalls.

Here is Faith Chatham's Wish List or list of "tweeks" for Rail Infrastructure Financing Bills:
1. Caps on potential taxes or fee increases should be lower. Currently many are so high that voters will reject all options because they vehemently object to the potential high cost of one or more potential options. The cap on proposed increase in vehicle registration or vehicle sales tax fees should be clearly stated and LOW ENOUGH THAT IT WILL BE ACCEPTABLE TO VOTERS!
2. Proposed tax increases should be tied to specific rail projects.
3. The bill(s) should clearly state that income generated from the tax or fee increase MUST be applied to the SPECIFIC PROJECT approved by the voters.
4. Instead of voter approval being optional, the language of the bill(s) must stipulate that the VOTERS MUST APPROVE THE TAX INCREASE FOR THE SPECIFIED PROJECT before public funds are spent on planning, environmental or construction of a proposed rail line or facility.
5. All bills must eliminate the requirement that citizens gather 10% of the signatures in that region of voters in the last governor's election before citizens are given opportunity to vote on the rail option. Instead, as stated in number 3, the language MUST STIPULATE CLEARLY that proposed increase in existing fees or taxes or imposition of new fees or taxes for proposed rail infrastructure projects be presented to the voters for approval before public funds are spent on proposed rail projects.
6. Passenger rail projects funded under these bills may not impose "congestion pricing" or "market pricing" on passenger rail tickets.
7. All fees or fee (tax) increase imposed on passenger vehicles under this act must also apply to commercial vehicles. Current bills exclude commercial vehicles from most proposed new taxes (fees).
8. When new fees (taxes) are presented to the voter, the bill should stipulate that there must be a sunset for the taxes stipulated in the wording on the ballot, clearly stating what specific project the funds are for and that they cannot be transferred to any other project without voter approval.
9. There should be a sunset in the bill for the expiration of the provisions of the bill stipulated in the language of the bill. After ten or twenty years, the taxpayers should be given opportunity to decide if these special financing options are the best options for their communities at that time.
10. There should be a cap on proposed fares for passenger rail funded under these options presented clearly in the language on the ballot when these options are presented to the voters.
11. There should be a sunset on particualar taxes when a sufficient income is generated to retire the construction debt for the project. Maintenance cost should be generated by passenger fees.
12. The language of the bill should allow muncipalities and districts within a county to vote on accepting or rejecting these options. Many Texans discount the overall economic drain air pollution has on each person. When voting to "tax" themselves more for rail, many will think only in terms of whether they personally will use the rail. The bill needs to allow municipalities within a county to exercise the funding options through approval by the voters in their municipality as well as counties to use the option through approval by the majority of the voters in the county.
13. All exemption should be defined in the text of the bill so it does not impose too great a burden on the middle class.
14. Public transit authorities should not have to operate on the same terms as potential private partners in competing for these contracts.

Thursday, March 5, 2009

Massive Grapevine highway project could begin this year

By NICHOLAS SAKELARIS and GORDON DICKSON - The Grapevine Courier / Star-Telegram - March 4, 2009
GRAPEVINE — The massive reconstruction of seven Grapevine highways — a $1 billion-plus project known as the DFW Connector — will change the appearance of the city.

And it will change the way motorists from other cities, and Grapevine residents themselves, get around.

Capacity on highways such as Texas 114/121 will double, with the addition of toll and nontoll lanes, making it possible for the first time in decades to drive through the once-sleepy farm town without encountering gridlock.

Gone will be the hair-pulling waits at traffic signals along William D. Tate Avenue, one of the main drags leading to the city’s "restaurant row."

"We don’t go into Grapevine in certain parts of the day because of the traffic. You can’t get around," said Michele Hoffman, who lives in the south part of the city. She supports the project, which may be managed by private developers.

The Texas Department of Transportation, which plans to supplement the long-delayed project with $250 million in federal stimulus money, is expected to select a best value among the bidders this month.

But the progress will come at a cost for area property owners. Part or all of about 16 Grapevine and Southlake businesses could be removed, including the 80-room Fairfield Inn on Texas 121, according to environmental documents provided by the Transportation Department.

The plans show that up to 10 of those businesses could be bulldozed.

Even more businesses will lose parking spaces, including Sam’s Club, Baylor Regional Medical Center, Academy Sports and Classic Chevrolet, officials said.

Classic Chevrolet will lose 173 parking spaces to make way for a flyover ramp, which will allow motorists on eastbound Texas 114 in Southlake to merge onto southbound Texas 121 and head into Euless or southbound on Texas 360 en route to Arlington without stopping.

New landmarks


Some people believe that the dominant structure in Grapevine is the historic B&D Mills, visible for many miles. Others say it’s the Gaylord Texan Resort and Convention Center. Soon, these arguments will be moot.

The DFW Connector will be 16 miles long, with four decks of ramps and overpasses, and at its peak, near the Dallas/Fort Worth Airport north entrance, the structure will rival the five-deck Interstate 30/Interstate 35W interchange, also known as the Fort Worth Mixmaster, in stature.

The Texas 114/International Parkway interchange north of D/FW Airport will have four layers, similar to the 120-foot-tall High Five at Interstate 635 and U.S. 75 in north Dallas.

Construction could begin this year if the plan gets environmental clearance from the Federal Highway Administration, as expected. The Texas Department of Transportation is reviewing three proposals from developers for design and construction. The cost of the project is estimated at $907 million on federal environmental documents, although state officials predict the cost will top $1 billion.

Hundreds of area residents, city officials and elected officials attended a public hearing last week at the Grapevine Convention Center to learn more about the project. It was the last public meeting required in the environmental study phase.

Land lost


The DFW Connector will widen and improve interchanges for Texas 121, Texas 114, Texas 360, I-635 and surrounding arterial streets. The project will take five years to complete.

The Transportation Department estimates that it will need about 192 acres of right-of-way for the project; it could begin acquisition as soon as this summer.

Hagen Durant, general manager of Classic Chevrolet, said he has been anticipating this for several years. His company will probably have to relocate part of the business to another site to make way for the flyover ramp, which will pass right over the dealership.

Another direct connection from Texas 121 and Texas 360 west to Texas 114 will also have a large flyover ramp near Carrabba’s in Grapevine, at a loss of 11 parking spaces for the restaurant.

In Southlake, the big changes include realignment of the Southlake Boulevard and Gateway Drive bridges. A new flyover ramp will let motorists exit Texas 114 directly onto Southlake Boulevard.

To do that, however, Calico Corners, an interior design store at the corner of Southlake Boulevard and Texas 114, will be displaced.

At its widest point north of Dallas/Fort Worth Airport, Texas 121/114 will have up to 24 lanes, including main lanes, toll lanes and access roads. The westbound main lanes will be seven-wide at one point.

Drivers who intend to travel on Texas 114 straight to Irving will have the option of using managed toll lanes that will be similar to the high-occupancy vehicle lanes on some Dallas highways.

The sheer size of the project is a little scary for Grapevine Mayor William D. Tate.

"We assume we’ll be able to learn how to leave town and find our way back home once it’s built," Tate joked.


Public comments


The public can submit written comments on the proposed project until Friday. They can be mailed to:

Maribel P. Chavez, P.E.

Texas Department of Transportation

P.O. Box 6868

Fort Worth, TX 76115
Read more in the Fort Worth Star Telegram

Groups hit Texas Capitol to oppose spending stimulus money on toll roads

By DAVE MONTGOMERY - Fort Worth Star Telegram - March 4, 2009
AUSTIN — Beverly Branham’s message to lawmakers was neatly summarized in the four-word placard on her bright red hat: "No Stimulus Toll Road."

The Fort Worth grandmother and scores of like-minded Texans fanned out across the state Capitol on Tuesday, demanding that legislators spend not one penny of federal stimulus money to finance toll roads.

"It’s double taxes," Branham said, "and we’re already tax slaves."


The daylong lobbying mission was organized by several transportation watchdog groups, which contend that using federal stimulus money for toll roads essentially represents a double whammy on their pocketbooks: First, through the federal taxes that finance the huge stimulus package, and second, through the fees they will have to pay at the tollbooth.

"Taxpayers should not have to pay for the roads through repayment of stimulus funds and pay tolls to use the highways," according to a statement from the Arlington-based DFW Regional Concerned Citizens.


Branham and Nina Spears, also of Fort Worth, drove to Austin together. They said they are also concerned about foreign companies’ involvement in toll-road projects and the development of a "NAFTA highway" to funnel international shipping through Texas. The groups outlined their priorities in a midmorning news conference and through visits with lawmakers.

"If anybody grins at us, we walk up and talk to them," Branham said.

The groups also demanded that lawmakers clamp down on the Texas Department of Transportation and scrap any vestiges of Gov. Rick Perry’s Trans-Texas Corridor, which originally called for a $184 billion network of toll roads.

"TxDOT needs to pull back its horns a little bit," said Jimmy Simmons of Waxahachie, a retired engineer at the General Motors plant in Arlington.

Asked whether he thought lawmakers should ban the use of stimulus money for toll roads, Branham responded: "I wish we wouldn’t take any."


Many of the protesters oppose toll roads in general.

"Generation after generation is going to be paying for these roads," said Bruce Burton of Austin. A woman nearby clutched a sign reading, "Texans Against Tolls."
Read more in the Fort Worth Star Telegram

Tuesday, March 3, 2009

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

Monday, March 2, 2009

Join us for a Grassroots Tax Revolt on Lobby Day March 3!

Tell your lawmakers face to face that we want our freeways fixed and to keep them FREE of additional toll taxes!
Lobby Day to Stop Toll Roads & the TTC
Tuesday, March 3
Meet at the South Capitol entrance at 9 AM

DFW carpool location announced!

We plan to have our group introduced from the House floor sometime between 10 & 10:30 AM, then you can spend time with your legislators to voice your concerns, do lunch at the Capitol Grill, and hear from some of our "Good Guy" legislators between 3:00 PM - 5:00 PM before heading home.

If you or your group are interested in carpooling, please let us know meeting times and locations so we can publicize it!
It's clear the Legislature is waffling on being tough on TxDOT and bringing much needed resolution on toll road policies and the Trans Texas Corridor. From wanting to raid public employee retirement funds to finance risky, leveraged toll projects, and to hand over our highway system to foreign toll operators, to allowing the conversion of existing freeways into tollways and looking the other way when our wreckless highway department engages in lobbying with taxpayer money, TEXANS must STAND-UP and demand that these irresponsible practices come to an END! We'll have t-shirts for folks to wear (suggested donation $10) so we can communicate our message around the Capitol.

Carpool info
DFW carpool location - David Smith, Coordinator - If you would like to carpool or are in need of a ride, call or email me ASAP as I will either be leaving Monday evening or Tuesday morning early, depending on those coming with me. Plan on meeting at the Corner Market at Lover's Lane and Greenville Avenue where you can leave your cars. Park at your own risk, but it is a well-traveled intersection and a nice area.
Email: davidadriansmith@hotmail.com or Cell # 940-595-185
2

San Antonio carpool location:
Park Hills Baptist Church parking lot at 7:00 AM (just inside Loop 1604 on west side of 281). Sudie Sartor, Coordinator - (210) 488-5412

ACTION ALERT! Email the Transportation Commission in time for their meeting March 5

email Texas Transportation Commission
Send them this simple message...
No stimulus money for toll roads.
It's a DOUBLE TAX rip-off!




$700 million eyed for toll projects
Grand Parkway's among 21 Texas roadways where money will be spent
By ROSANNA RUIZ - Copyright 2009 Houston Chronicle - Feb. 27, 2009

The Texas Department of Transportation has set aside more than $700 million in economic stimulus funds for toll road projects across the state, sparking criticism and questions about whether the pay-to-drive roads are an appropriate use of the federal dollars.

The toll roads — including the Grand Parkway in Harris County — are among 21 major projects up for a vote at next week’s meeting of the Texas Transportation Commission in Austin. The commission had planned to vote on the list this week but delayed its consideration a week after at least one state legislator complained the money was being spent without enough input.

The delay has given opponents an opportunity to organize a lobbying effort aimed at persuading state leaders to withhold stimulus money from toll road projects.


“It’s a total rip-off,” said Terri Hall, director of Texans Uniting for Reform and Freedom, a nonprofit opposed to toll roads. “That’s not how the money is supposed to be used.”


TxDOT leaders and transportation planners defend the projects, saying all of them, including the toll roads, are important to their regions and offer tangible economic and mobility benefits.


“I think it’s unfortunate that the discussion about these funds has eclipsed the broader discussion about the state’s transportation needs,” TxDOT spokesman Chris Lippincott said.


The discussion should be on reducing gridlock now, said R
ep. Jim Dunnam, D-Waco, whose criticism led the commission to postpone its vote. Toll roads should be built later with state money, not onetime federal stimulus funds,
he said.

The Legislature continues to vote for toll moratoriums,” he said, “and TxDOT keeps ignoring us.


More fees for drivers

U.S. Rep. Pete Olson, R-Sugar Land, who sits on the House Transportation and Infrastructure Committee, also questioned the use of stimulus funds on toll roads.

“It concerns me that state officials would prioritize toll projects that will hit already hard-pressed Texas drivers with additional fees,” he said in an e-mailed statement. “I would like to see stimulus dollars fund projects that ease not only congestion, but an over-taxed public as well.”


The economic stimulus bill does not address toll roads, only that proposed projects satisfy requirements to create jobs and promote economic growth, said Jim Berard, a spokesman for the U.S. House Transportation Committee.

In addition to $181 million for the Grand Parkway, TxDOT’s list includes an additional $50 million for four new ramps connecting the Eastex Freeway and Beltway 8.

The other toll road projects slated for stimulus funds are: $36 million for Texas 550 in Cameron County; $42.5 million for a toll road in Smith County; $144.9 million for Fort Worth’s Southwest Parkway; and $250 million for toll lanes along the Dallas-Fort Worth Connector.

Harris County Commissioner Steve Radack, whose precinct includes Segment E of the Grand Parkway, said the segment satisfies the federal stimulus mandate as a “shovel-ready” project. The Harris County Toll Road Authority would add $16.6 million to the project.

Prioritizing projects

The 15-mile project, he said, potentially will alleviate congestion on U.S. 290.

Citizens Transportation Coalition chairwoman Robin Holzer, who opposed the Commissioners Court’s vote on the Grand Parkway segment, said the state should spend stimulus money on projects other than toll roads that typically are used by a small portion of motorists.


“It’s incomprehensible that TxDOT could think that this is the most important project in the Houston District,” she said.


U.S. 290, she offered, could benefit more from the federal funding.

Radack countered that a planned overhaul of U.S. 290 is not at the appropriate stage for the stimulus funds.

The Grand Parkway and the other projects landed on TxDOT’s project list after extensive planning to identify projects that would improve safety, among other criteria, Lippincott said.

The proposed Grand Parkway would span 180 miles, circling around the Houston area, at a projected cost of $4.8 billion. Segment E calls for a 15-mile, four-lane toll road that would connect the Katy Freeway and U.S. 290 at an estimated cost of $330 million, according to the Harris County Toll Road Authority.

A tolled Segment E could finance other portions of the parkway, proponents say.
Read more in the Houston Chronicle

NTTA overstated assets in 2009 accounting report

By GORDON DICKSON - Fort Worth Star Telegram - March 1, 2009


Accounting mistake may cost North Texas Tollway Authority

North Texas Tollway Authority officials say they overstated their assets by $105.5 million in a report late last year, an accounting error that could affect the agency’s financial health.

However, officials with the Plano-based agency, say they’ve taken steps to prevent such a mistake in the future. The agency is joining with the Texas Transportation Department to build the Southwest Parkway toll road in Fort Worth this year.

The agency misapplied a Transportation Department grant in August and September, placing it into the agency’s construction fund even though officials hadn’t yet met all the grant conditions, according to a statement released by tollway officials last week. The conditions were satisfied in November.

To provide a clearer financial picture, unaudited monthly reports will be consolidated with audited year-end statements, tollway officials said in the statement.
Read more in the Fort Worth Star Telegram

Tollway board members are eager to find a replacement for ousted Executive Director Jorge Figueredo, who departed in December, said Kenneth Barr, a board member and a former Fort Worth mayor.

In the meantime, Chief Financial Officer Janice Davis is serving as interim director. She is not a candidate for executive director, although several board members have expressed trust in her.

"Janice Davis said she will not put her name on something if it isn’t right. and I respect that," Barr said.

Davis’ career also includes stints at chief financial officer for the city of Atlanta and for the Dallas school district and as finance and budget director for Dallas/Fort Worth Airport.

Wednesday, February 25, 2009

ACTION ALERT: TX Trans. Commission WORKSHOP Online (Wed) afternoon at 1:30

By Martha Estes - Feb. 25, 2009
Texas Transportation Commission Workshop (Wed) afternoon Feb. 25 at 1:30.
Fourth on Agenda:
2b. Discussion of the Department's plans for the use of Texas' portion of the American Recovery and Reinvestment Act for transportation related activities.
On February 17, 2009, President Obama signed legislation enacting the American Recovery and Reinvestment Act which created an economic stimulus package aimed at bolstering the economy through activities that will create new jobs. One element of this package provides investment in transportation infrastructure projects. TxDOT is working with the Texas Division of the Federal Highway Administration and Texas' metropolitan planning organizations, tolling authorities and transit providers to develop a list of potential projects that would qualify for funding from the stimulus package. This discussion item will allow the commission to discuss the activities TxDOT and our partners have taken thus far and the planned approach we will take to select projects from across the state to recommend to the commission for funding from the program.

Live streaming Video of the Workshop discussion

Action Alert: Stimulus money should not be used for toll roads and bridges

By Faith Chatham - DFWRCC - Feb. 25, 2009
Lack of funding was the basis used for planning state and federal roads and bridges as toll roads. The Federal Stimulus funding targets infrastructure. Those projects which are planned are most likely to be funded through Stimulus funds. Texas Legislators, US Senators and Congress persons, the Governor and Lt. Governor and President Obama need to hear from you. Let them understand that STIMULUS MONEY SHOULD NOT BE USED ON TOLL PROJECTS OR PRIVATE PUBLIC PARTNERSHIP HIGHWAY PROJECTS.

If we do not speak out now, we'll pay gas tax, pay tolls and pay back the stimulus money. We'll face TRIPLE TAXATION if we don't demand that project planned as toll projects be revised to non toll roads and bridges.

Please take this opportunity to demand what is best for you, your neighbors, and future generations.

Thursday, February 5, 2009

For Whom the Toll Bells - The North Texas Tollway Authority exacts a stiff price for those who drive willy-nilly on its highways

By Jim Schutze - Dallas Observer - January 14, 2009

Certain things you can do that might turn out very badly for you. Borrowing money from the Mafia, for example. Posing naked for a photographer who is a stranger.

The only sure way to avoid getting one of the tollway authority's trick bills for several hundred dollars is to have a lawyer ride with you.-MORREY TAYLOR


But who worries about driving down a toll road? I can tell you who should: You!

Over the last several years I have received numerous phone calls, letters and e-mails from people complaining that they have been hit with huge, totally unexpected bills for unpaid tolls and associated fines.

For a long time, I brushed these aside. I thought, "Well, you know, people should pay their tolls."

But most of the people calling me don't sound like folks who regularly skip on restaurant tabs or jump over turnstiles. I made up my mind a few weeks ago that the next time I got one of these complaints, I would stop whatever I was doing and take a look. I didn't have long to wait. On a Monday morning I found a phone message from Rick Johns, a probation officer in Tarrant County.

Johns had just received a bill from the North Texas Tollway Authority for $337 for four trips on the President George Bush Turnpike, which runs from near the D/FW Airport east to the vicinity of Rowlett on Lake Ray Hubbard.

For the first trip, which he made a year and a half ago, he was charged at a rate of $3 in tolls and $100 in "administrative fees." The second trip, made about a year ago, was billed at $3 in tolls and $75 in fees. Another cruise down the PGBT the following day cost him $2 in tolls and 50 bucks in fees.

The most recent trip, his most expensive, was made last May and billed at $4 in tolls and $100 in fees.

According to Johns, this statement was the first notification of any kind telling him he owed the NTTA money. His claim—that this was a first notice—was backed up by the notice itself, of which he gave me a copy, and by the NTTA's own description of its billing practices when I called them. The NTTA didn't comment on Johns' case specifically.

Before I even venture into the question of the billing practices, let's you and I see if we can figure out how a normal, law-abiding citizen—a parole officer in this case—gets behind the eight-ball to the tune of three C-notes in unpaid toll road fees.

Johns drives to the Dallas side of the metropolitan area for his son's baseball games. He used to drive on the State Highway 121 tollway between Coppell and Lewisville.

There are no tollbooths on 121. Therefore it is not possible to pay your tolls as you go. Cameras along the way take pictures of you as you pass. If you do not have an electronic TollTag on your windshield connected to a credit card, the NTTA bills you by mail for the amount of your tolls.

Johns didn't have a Dallas-area TollTag. Didn't want one. Was happy to pay by mail. Did so. He even thought mistakenly that he was paying a little extra and didn't mind.

"I was under the impression that the toll may have been even 25 cents higher per toll by not stopping and paying, and I didn't have a problem with that."

He says he paid those bills when he got them. Never had a problem. So where did he do wrong? He started driving on another NTTA toll road—the President George Bush Turnpike. There, the rules are different.

As explained to me by NTTA spokeswoman Sherita Coffelt, the difference is that the PGBT does have tollbooths, while the 121 tollway does not. Coffelt said that wherever there are tollbooths, a motorist who does not have a TollTag must stop and pay cash. Where there are no tollbooths, a motorist does not have to stop and pay cash.

When a motorist is not required to stop and pay cash, he will be billed for the amount of his toll only. When he is required to stop and pay cash but does not, he's a toll jumper. He will be billed for the amount of his toll plus a $25 penalty called an "administrative fee."

No signs along the road warn motorists of this difference. Coffelt told me it's the motorist's obligation to know the rules.

Each skipped toll station incurs a new $25 administrative fee. On his jaunt down the PGBT last May, Johns passed by four toll stations, each one of which took a picture of his license plate and billed him for a $1 toll plus a $25 administrative fee. So four times $26 amounted to a bill for $104, a tab he racked up for 33 minutes of driving.

But wait. We're not done with the different rules on how to pay your toll. There is a third rule. On the Dallas North Tollway, you can pay cash, so if you don't have a TollTag you must pay cash, and if you don't pay cash you'll be billed for the tolls plus the $25 fees. But you can't pay cash.

Say what?

The Dallas North Tollway is a road where you can pay cash, so you have to pay cash, but if you enter the Dallas North Tollway at the main plaza at Wycliff close to downtown, you will notice that you can't pay cash. There are no tollbooths at Wycliff.
Coffelt explained to me that the absence of cash-taking booths at the main entrance to the Dallas North Tollway is just kind of an exception. The Dallas North Tollway is definitely a must-pay-cash toll road except when you get on it, when it is a can't-pay-cash toll road. But that doesn't last; later down the road you have to pay cash.

Maybe you better take notes.

If you enter at Wycliff and you don't have a TollTag and you don't pay cash because you can't pay cash, you will be billed only for the amount of your tolls. Maybe.

If you keep driving, and maybe you think this is a road where you don't have to pay cash because that's what it was when you got on, but you pass another toll plaza farther north at say, Keller-Springs Road where you can pay cash, but you decide not to pay cash because you have been lulled into thinking you don't have to pay cash, this is what you must do next:

Pull over to the shoulder immediately.

Exit the vehicle.

Put your head between your legs.

Kiss your ass good-bye.

You have just become a son-of-a-bitch, toll-jumping, miscreant fool, and you are about to feel the full weight of the law on your no-good, crime-prone head.

Well, you might think, maybe I make that mistake one time. They let me know. I take my medicine, pay my toll plus my 25 bucks. Man, I'll sure never make that mistake again!

Not so fast, Kemo Sabe. In Johns' case, for example, he had no idea he was doing anything wrong until he was on the tab for $337. He told me he certainly would have figured out a smarter way to behave had he known what was going on at the get-go.

"I get on George Bush, which I assume is the same deal as 121, and obviously if I had known this—a $25 administrative fee per tollbooth—I mean, good grief, I would have made other arrangements."

I asked Coffelt why people don't get billed or notified right away, the first time they hit the buzzer, so that they won't keep making the same mistake. She said the NTTA wants to spare people the annoyance of being billed every time they have a two-bit toll.

"We're not sending out a 40-cent bill, and then you end up paying 42 cents for postage, because what person would want to write a check for 40 cents. So we save up a couple of transactions."

I said I understood about the normal tolls, but did the agency try to let people know the first time they made a mistake and racked up a $25 administrative fee? She said no. They save up those too.

"We will save it, and you may get two, three transactions with $25 fees on it, so yes, we do save those."

Problem. Johns, indeed, had only four toll road trips on his first bill. But those trips took place over an 18-month period. And because the system hits him with a separate $25 fee every time he ticks past another camera, his total administrative fees for those four trips came to $325. The first trip alone, a year and a half ago, cost him $100 in fees.

They couldn't have given him a heads-up a year and a half ago?

I asked Coffelt how much the agency collects in administrative fees and fines. Apparently that is a really tough question to answer. She said she would have to get back to me.

I did not hear from her before the deadline for this story, but I did the best I could on my own. I looked online at the NTTA's annual financial statements.

According to the NTTA's 2007 financial statement, it collected $4.4 million that year in administrative fees "for collection of tolls from toll violators [the bastards]," representing 2.1 percent of its total income.

Note to reader: I added "the bastards."

What I found more interesting was this: Between 2001 and 2007, the agency's toll revenues grew by 89 percent. In that same period, its revenues for "administrative fees, parking transaction fees, statement fees and miscellaneous charges" grew by 356 percent.

So I guess if you are the bright person at the NTTA in charge of squeezing money out of people with non-toll fees, right about now you've got a big gold star over your name.

While they're at it, the NTTA should set up a special tollbooth just for people who get really behind on their administrative fees. Deadbeats would be required to park their cars and come inside.

There should be some old pinball machines in there and a couple guys in zoot suits smoking cigars, one of them cleaning his fingernails with a switchblade. They might say something like, "Pal, you gotta lotta administrative fees youse owes us. We'd like to settle this peaceful."

They might as well be honest about the type of operation they're running.


Read More in the Dallas Observer

Monday, February 2, 2009

For some Dallas-area legislators, donations fund the good life

By EMILY RAMSHAW and MARCUS FUNK - The Dallas Morning News - Sunday, February 1, 2009

Read more


AUSTIN – Luxury car payments and private airplanes. Five-star hotels and exotic resort stays. Upscale condos, gym memberships and maid service.

They're just some of the ways North Texas lawmakers spend their campaign donations.

Some of this money, which is designed to fund runs for office, comes from individual supporters; the rest comes from special interest groups that have a stake in legislation. But Texas lawmakers are permitted to use the contributions for other expenses associated with holding elected office.

What qualifies is often subject to debate. A Dallas Morning News review of two years' worth of North Texas elected officials' spending habits shows their expenditures run the gamut from bare-bones to lavish, largely depending on how much they raise.

North Texas lawmakers say their spending is justified because of the personal and professional sacrifices they make to hold office. Lawmakers are paid $600 a month, plus a $128 personal allowance every day they're in session,

"It's a very expensive obligation – we have to live in Austin, we have to travel throughout our districts," said Sen. Florence Shapiro, R-Plano, who has used her contributions to fund car lease payments to Mercedes Benz and conference stays at the Ritz Carlton Palm Beach, the Venetian in Las Vegas, a Puerto Rican resort and the Hay-Adams, a luxury hotel in Washington, D.C.

"Otherwise, the only people who could afford to be elected would be the wealthiest of the wealthy."



Critics: slush funds


But watchdogs say the campaign accounts have effectively become lawmaker slush funds, where special interest groups can give unlimited contributions to augment elected officials' lifestyles. In the last two years, 34 percent of North Texas lawmakers' total spending – roughly $3.4 million out of nearly $10 million total – has gone to fund things beyond traditional campaigns, according to The News' analysis.

In a review two years ago that included only Dallas-area lawmakers, The News found that nearly half of their spending went to noncampaign expenditures.

"They're using the lobby's money to enhance their lifestyles, a perk that is technically legal but a clear conflict of interest," said Craig McDonald, executive director of Texans for Public Justice, which tracks the influence of money in state politics. "There ought to be a better wall between campaign contributions and what appear to be personal expenditures."


Combined, 36 North Texas lawmakers have spent nearly $560,000 on travel and entertainment, $470,000 on Austin living expenses and $290,000 on food since 2007. The bulk of their noncampaign spending – just over $2 million – was on charitable donations, gifts and campaign contributions, many of them to one another.

It's common for officials at all levels who don't face serious competition for re-election to donate to colleagues, often to help a fellow party member or to try to secure future support from them.

Of the five highest North Texas spenders, three are senators and two are House members, and all but one is Republican. Only one had a highly competitive race in the last election, which could have required unusually high expenditures.

Of the five lowest-spending North Texas lawmakers, three are Republicans and two are Democrats. All are House members.

Sen. John Carona, R-Dallas, spent more than $1 million in the last two years, more than any other North Texas lawmaker. The Senate transportation chairman's campaign reimbursed his property-management company nearly $62,000 for using the company's corporate jet for travel between Austin and Dallas – and other states where his firm has offices.

"The only expenses that we charge to the campaign are related to my service here in office," Carona said.


Carona's airplane costs were second only to Sen. Craig Estes, R-Wichita Falls, who spent nearly $95,000 on fuel and fees for a prop plane he leases. Estes, whose district includes parts of Denton and Collin counties, said that ground travel from his district to Austin is time-consuming and that the lack of direct flights means flying commercial is as tedious as driving.

"I'm a little envious of my colleagues in Amarillo and El Paso, since Southwest flies there straight from Austin every day," he said
.

Questions have been raised about lawmakers' use of private airplanes in the past. Between 1996 and 2004, the Texas Republican Party repeatedly attacked former Democratic House Speaker Pete Laney for using campaign funds to pay for his own airplane, once filing a Texas Ethics Commission complaint against him. Laney, whose district was in West Texas, was never cited for it.

Hans Klingler, spokesman for the state Republican Party, said if the ethics commission is OK with it, the party is, too.

"We always hope they put taxpayer interests first, and it sounds like both of these people, along with Speaker Laney, did that," said Klingler, who did not work for the party then.


Common practice

Using campaign funds to pay for other expenses is a common practice across the country, though the level varies from state to state, said Nick Nyhart, president of the nonprofit group Public Campaigns, which works to reduce the role of special interest money in politics.

In some states, lawmakers use the funds to sponsor Little League teams and community events. In the most severe cases, Nyhart said, lawmakers have used the campaign accounts to get around gift-giving rules and other ethics laws.

"The money can help purchase you a lifestyle above and beyond what you can afford were you not a lawmaker," Nyhart said.


Rep. Dan Branch, R-Dallas, and Sen. Jane Nelson, R-Lewisville, were two of the most generous donors – contributing $343,000 and $165,000, respectively, to the campaigns of their colleagues and to charitable causes across North Texas.

Branch attributed most of his spending – which totaled nearly $800,000 over the last two years – to having a Democratic challenger for his seat that "we took really seriously." But he argued that because of relatively low pay, it's appropriate for them to use their officeholder accounts for business purposes.

"There are a lot of sacrifices being made to be here," Branch said. "That said, there are laws set out for what's appropriate. Each member needs to be thoughtful about what these appropriate uses are."


For Sen. Chris Harris, R-Fort Worth, these uses include spending more than $15,000 on rental apartments for himself and his staff in Austin, and using campaign funds to cover his renters and auto insurance, his Sirius satellite radio and his maid service. He put a $12,000 down payment on a car at Park Place Lexus, then made more than $8,500 in lease payments.

In addition to car payments and luxury hotel stays totaling more than $13,000, Shapiro spent nearly $10,000 on Austin apartment rent, plus more than $2,000 on DirecTV and home cleaning services. Shapiro says she pays for half of her expenses out of pocket and funds the other half with her campaign account.

"The people who give us money recognize what it's going for and know that we're citizen legislators," she said.


Among other lawmakers' expenditures:

•Rep. Burt Solomons, R-Carrollton, spent more than $20,000 on rent for his Austin apartment, plus more than $4,500 on cable TV and cleaning service.

•Sen. Royce West, D-Dallas, was the top-spending Democrat, using campaign funds to make nearly $16,000 in car payments.

•Rep. Todd Smith, R-Euless, spent nearly $15,000 on Austin living expenses, including rental furniture, TV repairs, insurance, carpet cleaning and a gym membership.

•Sen. Bob Deuell, R-Greenville, spent more than $27,000 on car lease payments, auto insurance and repairs. He also spent nearly $18,000 on hotel stays. He said logistics getting to and from Austin, as well as travel within his own district, make up the bulk of his noncampaign-related expenses.

"If anybody thinks I'm making money out of this, they can call my
accountant," said Deuell, a physician. "I lose a lot of money every year
as a senator, as do a lot of other folks."

The Dallas Morning News surveyed campaign finance records from 36 lawmakers in Dallas, Tarrant, Rockwall, Denton, Collin and Ellis counties to measure campaign-related and noncampaign-related spending over the last two years. The study classified anything related to pursuing or supplying an office as "campaign spending" – everything from campaign mailers to office fax machines. All other expenses were divided into four categories: food, often for meetings; travel and
entertainment, including gasoline charges; gifts and political contributions, including donations to colleagues and local civic groups; and Austin living expenses, including apartment rent and utilities. The six North Texas lawmakers elected for the first time in 2008 had very few noncampaign expenses and were excluded from this survey.

Also Online:


Lawmaker living expenditures (.pdf)
http://www.dallasnews.com/sharedcontent/dws/img/02-09/0201living1.pdf

Lawmaker gifts, donations and dues expenditures (.pdf)
http://www.dallasnews.com/sharedcontent/dws/img/02-09/0201gifts1.pdf

Lawmaker travel and entertainment expenditures (.pdf)
http://www.dallasnews.com/sharedcontent/dws/img/02-09/0201travel1.pdf

Lawmaker food expenditures (.pdf)
http://www.dallasnews.com/sharedcontent/dws/img/02-09/0201food1.pdf

Texas Ethics Commission
http://www.ethics.state.tx.us/

Blog:
http://trailblazersblog.dallasnews.com/

Saturday, January 31, 2009

Video: Emissions Created From Hydraulic Fracture of Barnett Shale Gas Well



Part of the reason the EPA is being sued.

Texas Senate Committees

Administration Committee

1. Tommy Williams, R-The Woodlands, chairman (new member)
2. Carlos Uresti, D-San Antonio, vice chairman
3. Steve Ogden, R-Bryan (new)
4. Florence Shapiro, R-Plano
5. Jeff Wentworth, R-San Antonio
6. John Whitmire, D-Houston
7. Judith Zaffirini, D-Laredo

Agriculture and Rural Affairs Committee (new, was a subcommittee)

1. Craig Estes, R-Wichita Falls, chairman
2. Carlos Uresti, vice chairman (new, was member of subcommittee)
3. Glenn Hegar, R-Katy
4. Juan Hinojosa, D-McAllen
5. Mike Jackson, R-La Porte

Business and Commerce Committee

1. Troy Fraser, R-Horseshoe Bay, chairman
2. Chris Harris, R-Arlington, vice chairman
3. Kip Averitt, R-Waco
4. Kevin Eltife, R-Tyler
5. Mike Jackson, R-La Porte (new)
6. Eddie Lucio, D-Brownsville
7. Leticia Van de Putte, D-San Antonio
8. Kirk Watson, D-Austin

Criminal Justice Committee

1. John Whitmire, D-Houston, chairman
2. Kel Seliger, R-Amarillo, vice chairman
3. John Carona, R-Dallas (new)
4. Rodney Ellis, D-Houston
5. Glenn Hegar, R-Katy
6. Juan Hinojosa, D-McAllen
7. Dan Patrick, R-Houston (new)

Economic Development Committee (new, was a subcommittee)

1. Chris Harris, R-Arlington, chairman (new)
2. Kevin Eltife, R-Tyler, vice chair (new)
3. Robert Deuell, R-Greenville (new)
4. Kirk Watson, D-Austin
5. Judith Zaffirini, D-Laredo (new)

Education Committee

1. Florence Shapiro, R-Plano, chair
2. Dan Patrick, R-Houston, vice chairman (new)
3. Kip Averitt, R-Waco
4. Wendy Davis, D-Fort Worth (new)
5. Mario Gallegos, D-Houston (new)
6. Steve Ogden, R-Bryan
7. Leticia Van de Putte, D-San Antonio
8. Royce West, D-Dallas
9. Tommy Williams, R-The Woodlands

Finance Committee

1. Steve Ogden, R-Bryan, chairman
2. Juan Hinojosa, D-McAllen, vice chairman (new)
3. Kip Averitt, R-Waco
4. Robert Deuell, R-Greenville
5. Robert Duncan, R-Lubbock
6. Kevin Eltife, R-Tyler
7. Chris Harris, R-Arlington (new)
8. Eddie Lucio, D-Brownsville
9. Jane Nelson, R-Lewisville
10. Kel Seliger, R-Amarillo (new)
11. Florence Shapiro, R-Plano
12. Royce West, D-Dallas
13. John Whitmire, D-Houston
14. Tommy Williams, R-The Woodlands
15. Judith Zaffirini, D-Laredo

Government Organization Committee

1. Rodney Ellis, D-Houston, chairman
2. Glenn Hegar, R-Katy, vice chairman
3. Joan Huffman, R-Houston (new)
4. Eddie Lucio, D-Brownsville (new)
5. Jane Nelson, R-Lewisville
6. Steve Ogden, R-Bryan (new)
7. John Whitmire, D-Houston

Health and Human Services Committee

1. Jane Nelson, R-Lewisville, chair
2. Robert Deuell, R-Greenville, vice chair
3. Joan Huffman, R-Houston (new)
4. Robert Nichols, R-Jacksonville
5. Dan Patrick, R-Houston
6. Eliot Shapleigh, D-El Paso
7. Carlos Uresti, D-San Antonio
8. Royce West, D-Dallas
9. Judith Zaffirini, D-Laredo

Higher Education Committee (new, was a subcommittee)

1. Judith Zaffirini, D-Laredo, chair
2. Dan Patrick, R-Houston, vice chairman (new, was member of subcommittee)
3. Kip Averitt, R-Waco
4. Robert Duncan, R-Lubbock (new)
5. Royce West, D-Dallas

Intergovernmental Relations Committee

1. Royce West, D-Dallas, chairman
2. Robert Nichols, R-Jacksonville
3. Mario Gallegos, D-Houston
4. Dan Patrick, R-Houston
5. Jeff Wentworth, R-San Antonio

Subcommittee on Flooding and Evacuations

1. Mario Gallegos, D-Houston, chairman
2. Robert Nichols, R-Jacksonville
3. Dan Patrick, R-Houston

International Relations and Trade

1. Eddie Lucio, D-Brownsville, chairman
2. Kel Seliger, R-Amarillo, vice chairman (new)
3. Wendy Davis, D-Fort Worth (new)
4. Craig Estes, R-Wichita Falls
5. Troy Fraser, R-Horseshoe Bay
6. Mario Gallegos, D-Houston
7. Tommy Williams, R-The Woodlands (new)

Jurisprudence Committee

1. Jeff Wentworth, R-San Antonio, chairman
2. Mario Gallegos, D-Houston, vice chairman (new)
3. John Carona, R-Dallas
4. Robert Duncan, R-Lubbock
5. Chris Harris, R-Arlington
6. Juan Hinojosa, D-McAllen
7. Kirk Watson, D-Austin

Natural Resources

1. Kip Averitt, R-Waco, chairman
2. Craig Estes, R-Wichita Falls, vice chairman
3. Robert Deuell, R-Greenville
4. Robert Duncan, R-Lubbock
5. Kevin Eltife, R-Tyler
6. Troy Fraser, R-Horseshoe Bay (new)
7. Glenn Hegar, R-Katy
8. Juan Hinojosa, D-McAllen
9. Mike Jackson, R-LaPorte
10. Kel Seliger, R-Amarillo
11. Carlos Uresti, D-San Antonio

Nominations Committee

1. Mike Jackson, R-La Porte, chairman
2. Kevin Eltife, R-Tyler, vice chairman
3. Glenn Hegar, R-Katy
4. Jane Nelson, R-Lewisville
5. Robert Nichols, R-Jacksonville
6. Eliot Shapleigh, D-El Paso
7. Kirk Watson, D-Austin

State Affairs Committee

1. Robert Duncan, R-Lubbock, chairman
2. Robert Deuell, R-Greenville, vice chairman (new)
3. John Carona, R-Dallas
4. Rodney Ellis, D-Houston
5. Troy Fraser, R-Horseshoe Bay
6. Chris Harris, R-Arlington
7. Mike Jackson, R-La Porte
8. Eddie Lucio, D-Brownsville
9. Leticia Van de Putte, D-San Antonio

Transportation and Homeland Security

1. John Carona, R-Dallas, chairman
2. Kirk Watson, D-Austin, vice chairman
3. Wendy Davis, D-Fort Worth (new)
4. Rodney Ellis, D-Houston
5. Joaan Huffman, R-Houston (new)
6. Robert Nichols, R-Jacksonville
7. Florence Shapiro, R-Plano
8. Eliot Shapleigh, D-El Paso
9. Jeff Wentworth, R-San Antonio

Veterans Affairs and Military Installations

1. Leticia Van de Putte, D-San Antonio, chair
2. Eliot Shapleigh, D-El Paso, vice chair
3. Wendy Davis, D-Fort Worth (new)
4. Craig Estes, R-Wichita Falls
5. Joan Huffman, R-Houston (new)

Subcommittee on Base Realignment and Closure

1. Eliot Shapleigh, D-El Paso, chairman
2. Craig Estes, R-Wichita Falls
3. Joan Huffman, R-Houston (new)

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