Posted on 10/16/2006 6:45:49 AM PDT by Tolerance Sucks Rocks
Do you remember voting on the Trans-Texas Corridor?
Me neither. But I think I might have. Sort of.
Toll road proponents have said over the past couple of years that Texans had voted to authorize what has turned out to be a very aggressive push for toll roads. Gov. Rick Perry said as much in the Oct. 6 gubernatorial election debate.
One of the moderators relayed a question from a McKinney woman asking why Texans haven't gotten to vote on the "Trans-Texas Corridor and related toll highways."
The corridor is Perry's 4,000-mile plan of tollways, railroads and utility lines.
The governor's response was deft.
"First and foremost, the people of Texas had the opportunity to vote on a substantial amount of that in a constitutional amendment," he began, going on to say that the Legislature had debated and passed toll laws in several sessions. The voters, he said, "sent a clear message of how we're going to build infrastructure."
What actually happened is that in a September 2003 election, 810,855 Texans said yes to ballot language that only the most wonkish among them could have known authorized wholesale borrowing for toll roads. The 45 words on the ballot, in fact, do not include the words "toll" or "turnpike."
Here's what Proposition 14 proposed:
"The constitutional amendment providing for authorization of the issuing of notes or the borrowing of money on a short-term basis by a state transportation agency for transportation-related projects, and the issuance of bonds and other public securities secured by the state highway fund."
I was told at the time that the purpose of this was to allow the agency to borrow here and there against future gas-tax revenue to address cash-flow problems. And that, in fact, is what the first part of the language refers to.
But then there's a comma, and some more words. Some technical but powerful words that amounted, apparently, to the electorate saying, "Whoo-eee, slap some toll roads on us, baby!"
Now, Texans did approve another constitutional amendment, this one in 2001, that created the Texas Mobility Fund, and it actually said the money could go to "state highways, turnpikes, toll roads, toll bridges, and other mobility projects." A total of 543,759 Texans said yes to that one.
In 2003, lawmakers dedicated some fees allowing that fund to borrow $4 billion or more.
And as the governor said, that same year the Legislature approved a huge bill allowing the creation of the Trans-Texas Corridor. That bill, passed in a session marked by Democrats fleeing to Ardmore, Okla., and a $10 billion budget gap, got little press coverage.
Did Texans vote on the Trans-Texas Corridor? Not in any real sense.
Did we vote on a "substantial amount" of the toll road revolution? Yes, technically, in a special September 2003 election with predictably poor turnout and all the focus on other amendments, we gave the Texas Department of Transportation carte blanche to borrow for roads and charge tolls.
Who knew? Almost no one.
I've done drives in the DC area, where I live, just to observed the construction at the Springfield Interchange (I-95/395/495/The Beltway) and the Woodrow Wilson Bridge replacement project. Just this past Sunday, I drove to Pennsylvania just to drive Interstate 99.
My test results:
Joe Normal: 21% Nerd, 17% Geek, 47% Dork.
Thank G*d I'm not completely normal, or else I'd probably be a jerk.
Are creeks typically used as a fishing ground or drinking source? Envirowhackos...
Pure Nerd: 56 % Nerd, 26% Geek, 47% Dork.
The mean old 77th Texas Legislature "rammed" this down the voters throats in November of 2001- and we approved it. Notice the emminent domain issue, and toll roads.
"The Texas Constitution
Article 3 - LEGISLATIVE DEPARTMENT
Section 49-k - TEXAS MOBILITY FUND
(a) In this section:
(1) "Commission" means the Texas Transportation Commission or its successor.
(2) "Comptroller" means the comptroller of public accounts of the State of Texas.
(3) "Department" means the Texas Department of Transportation or its successor.
(4) "Fund" means the Texas Mobility Fund.
(5) "Obligations" means bonds, notes, and other public securities.
(b) The Texas Mobility Fund is created in the state treasury and shall be administered by the commission as a revolving fund to provide a method of financing the construction, reconstruction, acquisition, and expansion of state highways, including costs of any necessary design and costs of acquisition of rights-of-way, as determined by the commission in accordance with standards and procedures established by law.
(c) Money in the fund may also be used to provide participation by the state in the payment of a portion of the costs of constructing and providing publicly owned toll roads and other public transportation projects in accordance with the procedures, standards, and limitations established by law.
(d) The commission may issue and sell obligations of the state and enter into related credit agreements that are payable from and secured by a pledge of and a lien on all or part of the money on deposit in the fund in an aggregate principal amount that can be repaid when due from money on deposit in the fund, as that aggregate amount is projected by the comptroller in accordance with procedures established by law. The proceeds of the obligations must be deposited in the fund and used for one or more specific purposes authorized by law, including:
(1) refunding obligations and related credit agreements authorized by this section;
(2) creating reserves for payment of the obligations and related credit agreements;
(3) paying the costs of issuance; and
(4) paying interest on the obligations and related credit agreements for a period not longer than the maximum period established by law.
(e) The legislature by law may dedicate to the fund one or more specific sources or portions, or a specific amount, of the revenue, including taxes, and other money of the state that are not otherwise dedicated by this constitution. The legislature may not dedicate money from the collection of motor vehicle registration fees and taxes on motor fuels and lubricants dedicated by Section 7-a, Article VIII, of this constitution, but it may dedicate money received from other sources that are allocated to the same costs as those dedicated taxes and fees.
(f) Money dedicated as provided by this section is appropriated when received by the state, shall be deposited in the fund, and may be used as provided by this section and law enacted under this section without further appropriation. While money in the fund is pledged to the payment of any outstanding obligations or related credit agreements, the dedication of a specific source or portion of revenue, taxes, or other money made as provided by this section may not be reduced, rescinded, or repealed unless:
(1) the legislature by law dedicates a substitute or different source that is projected by the comptroller to be of a value equal to or greater than the source or amount being reduced, rescinded, or repealed and authorizes the commission to implement the authority granted by Subsection (g) of this section; and
(2) the commission implements the authority granted by the legislature pursuant to Subsection (g) of this section.
(g) In addition to the dedication of specified sources or amounts of revenue, taxes, or money as provided by Subsection (e) of this section, the legislature may by law authorize the commission to guarantee the payment of any obligations and credit agreements issued and executed by the commission under the authority of this section by pledging the full faith and credit of the state to that payment if dedicated revenue is insufficient for that purpose. If that authority is granted and is implemented by the commission, while any of the bonds, notes, other obligations, or credit agreements are outstanding and unpaid, and for any fiscal year during which the dedicated revenue, taxes, and money are insufficient to make all payments when due, there is appropriated, and there shall be deposited in the fund, out of the first money coming into the state treasury in each fiscal year that is not otherwise appropriated by this constitution, an amount that is sufficient to pay the principal of the obligations and agreements and the interest on the obligations and agreements that become due during that fiscal year, minus any amount in the fund that is available for that payment in accordance with applicable law.
(h) Proceedings authorizing obligations and related credit agreements to be issued and executed under the authority of this section shall be submitted to the attorney general for approval as to their legality. If the attorney general finds that they will be issued in accordance with this section and applicable law, the attorney general shall approve them, and, after payment by the purchasers of the obligations in accordance with the terms of sale and after execution and delivery of the related credit agreements, the obligations and related credit agreements are incontestable for any cause.
(i) Obligations and credit agreements issued or executed under the authority of this section may not be included in the computation required by Section 49-j, Article III, of this constitution, except that if money has been dedicated to the fund without specification of its source or the authority granted by Subsection (g) of this section has been implemented, the obligations and credit agreements shall be included to the extent the comptroller projects that general funds of the state, if any, will be required to pay amounts due on or on account of the obligations and credit agreements.
(j) The collection and deposit of the amounts required by this section, applicable law, and contract to be applied to the payment of obligations and credit agreements issued, executed, and secured under the authority of this section may be enforced by mandamus against the commission, the department, and the comptroller in a district court of Travis County, and the sovereign immunity of the state is waived for that purpose. (Added Nov. 6, 2001.)"
http://tlo2.tlc.state.tx.us/txconst/sections/cn000300-49-k00.html
Here is the bottom line on how the State Senate and House voted on the Texas Mobility Fund, authorizing toll roads and the "land grab". These were ALL elected representatives. The Governor signed the bill AFTER Texas voters overwhelmingly approved it.
"6-7 SECTION 3. This proposed constitutional amendment shall be
6-8 submitted to the voters at an election to be held November 6, 2001.
6-9 The ballot shall be printed to permit voting for or against the
6-10 proposition: "The constitutional amendment creating the Texas
6-11 Mobility Fund and authorizing grants and loans of money and
6-12 issuance of obligations for financing the construction,
6-13 reconstruction, acquisition, operation, and expansion of state
6-14 highways, turnpikes, toll roads, toll bridges, and other mobility
6-15 projects."
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.J.R. No. 16 was adopted by the Senate
on March 15, 2001, by the following vote: Yeas 29, Nays 1, one
present not voting; and that the Senate concurred in House
amendment on May 24, 2001, by the following vote: Yeas 30, Nays 0,
one present not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.J.R. No. 16 was adopted by the House,
with amendment, on May 16, 2001, by the following vote: Yeas 144,
Nays 2, two present not voting.
_______________________________
Chief Clerk of the House"
Out of the entire Texas legislature, there were 2 votes against this. Two.
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