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Brake Lights: A traffic jam of opposition is facing the Trans-Texas Corridor.
Fort Worth Weekly ^ | March 7, 2007 | Peter Gorman

Posted on 03/10/2007 7:58:24 PM PST by Tolerance Sucks Rocks

The Trans-Texas Corridor, the Goliath of Texas road projects, is taking a real bruising from the slingshot crowd these days, with so many Davids piling up stones that critics and supporters alike are beginning to believe it may be stoppable.

In the last few weeks, more than a dozen bills have been introduced in the both the Texas State and House to either stop the project cold or put enough restrictions on it to chill the interest of private investors. In late February, a state audit report revealed that millions of public dollars have secretly been spent on the project and that hundreds of millions more might be needed. At least one legislator is considering calling for an investigation of the Texas Department of Transportation. And thousands of opponents from around the state showed up last week in Austin to march in opposition to the giant toll-road proposal and to testify against it at a public hearing.

Gov. Rick Perry, Transportation Commissioner Ric Williamson, and other top- ranking state politicos are still pushing to get ground broken on the 4,000-mile network of privatized toll highways planned throughout Texas in the next several decades. But with opposition growing on both sides of the aisle, critics are suggesting that supporters of the TTC may find they have a price to pay at the ballot box next time around.

“There’s no doubt there’s a huge groundswell of opposition to the TTC,” said Hank Gilbert, a businessman and rancher who organized a March 2 rally in Austin against the project. “We had between 3,000 and 4,000 people rallying against it. That is huge ... . And when even people like State Sen. Steve Ogden, a co-author of the bill that permitted the privatization of roads, come out and say the Texas Department of Transportation is out of control with the TTC, well, I think that’s the point at which other politicians will realize that those of us who’ve been fighting this thing are not just lunatics.”

Ogden, chairman of the Senate Finance Committee, is reportedly considering legislation that would eliminate tolls on all roads once the road is paid for — which generally takes 20 to 30 years — as opposed to allowing the private company that built and leased the road to keep charging tolls for a contract period of 50 to 60 years, as will be the case with the TTC if it goes forward as planned.

But while Ogden, a Republican from Bryan, hasn’t yet introduced a bill to rein in the TTC, others have. State Rep. Garnet Coleman, a Houston Democrat, recently introduced a bill to place a moratorium on all new toll roads in Texas for a period of two years “so that the issue can be studied, rather than rammed down our throats.”

State Rep. Lois Kolkhorst of Brenham has introduced two bills that would effectively kill the TTC. One would “repeal ... authority for the establishment and operation of the Trans-Texas Corridor”; the second would prohibit public pension funds from being invested in private toll roads — cutting billions in funding that private toll road builders would probably try to use to raise capital.

And powerful State Sen. John Carona of Dallas, chairman of the Senate Transportation and Homeland Security Committee, has introduced 10 bills that together would severely curtail private businesses’ interest in building toll roads. Among them is a measure requiring that the price paid for land taken under eminent domain be established by three disinterested voters who live in the county where the land is located, rather than by a judge. Another would limit the length of a toll-collecting contract held by a private entity to 30 years, after which the highway would become a free road. Other bills would limit toll rates rather than letting private companies set them at will, eliminate the “no compete” clauses in toll road contracts that many believe would hamper the state’s ability to maintain and improve other roads, and tie the state gas tax rate to the amount needed for highway building and maintenance, to ensure that tax funds rather than tolls could be used for those projects.

Carona admits he made a huge error in signing the measure that created the TTC. He told Fort Worth Weekly that he and nearly everyone else in the Texas Legislature were “deliberately deceived” by that bill, and that it’s time to put a halt to the TTC. At a hearing he held last week, he said, “About 1,000 people came, and the overwhelming majority were against the TTC.”

He believes an overwhelming majority of state Senate members now oppose the TTC as well, and that, as chinks begin to show in Perry’s armor, the senators are more willing to oppose him on this issue. “The fact is, the death of the TTC and other toll roads is just one gubernatorial election away,” he said. “The opposition to these things is growing daily.”

“I think the bills I’ve proposed will pass in the Senate,” Carona said. “The real question is whether they will get a fair hearing in the House Transportation Committee. I don’t know. [Chairman] Mike Krusee has the power to bury them there.

“On the other hand,” he added, “Krusee won his last election by a surprisingly narrow margin, and he will have public rage to deal with on this. Of course, if he intends to leave his position as an elected representative and enter the private sector, he may have another agenda. But if he wants re-election, he may realize that following the governor’s lead on the TTC hook, line, and sinker is not the best road for him to take.”

Krusee said he handles bills before his committee fairly. “But it’s up to every member to convince the committee that the hearing won’t be a waste of time, that there is some support and reason to listen to it.”

Coleman said he thinks the TTC can be stopped only if legislators in both houses “feel the heat and know it’s going to be an election issue.”

The recent state auditor’s report may provide plenty of ammunition for the election debates. Auditors concluded that millions of dollars in public funds had already been used for the TTC, in both direct and indirect costs, while Perry has repeatedly said that no public monies would be used to fund the project. And much of the money spent on the TTC was taken from funds set aside for other projects, the report said. At least $52,000 used to pay for TTC advertising — billboards and radio spots — was listed as “engineering” expenses.

The report also noted that Cintra Zachry LP, the partnership hired to develop a comprehensive plan for TTC-35, the 333-mile stretch of toll roads from San Antonio to Dallas, had not met all of its 2006 insurance requirements until October of that year. If Cintra Zachry can’t cover its liabilities under the contract, auditors noted, “it is possible that plaintiffs could seek recovery of these damages from the state.”

The report also noted other problems: Public money would pay for 55 percent, or $16.9 billion, of the rail projects touted as part of the TTC package. The state would be responsible for collecting from toll-jumpers. Under the contracts, the state could be forced to build some segments of the corridor that the private firms didn’t find profitable.

And auditors said TxDOT may have been seriously underestimating the cost of the corridor. The agency has put the price tag of the entire 4,000-mile network at $145 billion to $184 billion, but auditors said one 560-mile stretch alone —from Laredo to Oklahoma, paralleling I-35— will cost more than $105 billion.

“I think that auditor’s report is particularly damning,” said Carona. “The most damning thing, I think, was that the governor, when he announced the Trans-Texas Corridor, said that no public funds would be used for its development. And the auditor now says that $90 million in public funds have already been used, and that number is climbing daily.”

Gilbert said that in light of the auditor’s report, Kolkhorst may ask the attorney general to investigate TxDOT over the subterfuge on TTC spending. She could not be reached for comment.

Proponents of the TTC say it remains the answer to Texas’ current and future transportation problems. Williamson, the commissioner, has insisted, publicly and repeatedly, that with Texas’ population expected to double in the next 30 years and with the shortfalls the state is facing in highway funding, allowing private corporations to build and run toll roads is the only possible solution.

His sentiments were echoed by former Fort Worth Mayor Kenneth Barr, currently a member of the TTC advisory committee. “There’s just not money available to build all of the roads that we need,” he told the Weekly. “That means that goods will not move efficiently and people will not move, and there’s a cost associated with that.” However, he said, the transportation agency has done a poor job communicating that to the public. “There is an awful lot of dialogue that needs to be held that hasn’t been held,” he said.

Terri Hall, founder and director of Texans Uniting for Reform and Freedom, a statewide group fighting the TTC, said the situation is worse than that. “TxDOT continues to operate in complete denial of the reality of the situation. The governor’s Business Council’s own report — done by the Texas Transportation Institute — says that toll roads are not necessary. The sky will not fall if we don’t build the TTC.”

Staff writer Eric Griffey contributed to this story.


TOPICS: Business/Economy; Extended News; Government; News/Current Events; Politics/Elections; US: Texas
KEYWORDS: audit; cintra; cintrazachry; cuespookymusic; fueltax; gasolinetax; gastax; hankgilbert; johncarona; legislature; loiskolkhorst; mikekrusee; opposition; p3; population; ppp; privatefunding; privatesector; privatinvestment; privatization; ricwilliamson; salcostello; steveogden; taxes; terrihall; texas; texashouse; texassenate; tollroads; tolls; tollways; transtexascorridor; ttc; ttc35; tx; txdot; zachry
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To: Alamo-Girl

You're welcome. :-)


21 posted on 03/10/2007 10:22:37 PM PST by Tolerance Sucks Rocks (The Republican primary field SUCKS!!!)
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To: 1066AD

Cintra is Spanish, not Mexican.


22 posted on 03/10/2007 10:24:06 PM PST by Tolerance Sucks Rocks (The Republican primary field SUCKS!!!)
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To: Richard Kimball

Perry has found out that he is not the King of Texas.


23 posted on 03/10/2007 11:42:18 PM PST by Sarajevo (You know, of course, this means war" - Bugs Bunny)
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To: Tolerance Sucks Rocks

BTTT


24 posted on 03/11/2007 3:05:48 AM PDT by E.G.C.
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To: Tolerance Sucks Rocks

Three cheers for the patriots in Texas who are fighting this piece of Global Fantasy rot.


25 posted on 03/11/2007 3:14:48 AM PDT by Colorado Buckeye (It's the culture stupid!)
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To: 1066AD
Why was a Mexican company awarded the contract to become operator of the project ?

Cintra is a Spanish firm, one of whose owners/lead investors is His Most Catholic Majesty himself, King Juan Carlos of Spain.

Another group investing heavily in these U.S. road-infrastructure and tolling projects is Macquarie Group, an Australian private-banking and money-running outfit with ultra-quiet investors from all over the world.

26 posted on 03/11/2007 4:35:00 AM PDT by lentulusgracchus ("Whatever." -- sinkspur)
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To: Tolerance Sucks Rocks
[Article] Terri Hall, founder and director of Texans Uniting for Reform and Freedom, a statewide group fighting the TTC, said the situation is worse than that. “TxDOT continues to operate in complete denial of the reality of the situation. The governor’s Business Council’s own report — done by the Texas Transportation Institute — says that toll roads are not necessary. The sky will not fall if we don’t build the TTC.”

I don't think Terri gets it.

My own take is that Rick Perry, back when he was desperate for new state revenue sources to meet school-funding mandates without going for a politically-suicidal state income tax, got sold the idea that turning the principal highways of Texas into toll roads would provide large amounts of fresh cash for the state treasury.

In effect, it was double-billing the public for infrastructure, but hey, it was new money.

I think that's where Rick is coming from. His DoT man Williamson is on the public record: "Toll roads, or slow roads, or no roads!!"

27 posted on 03/11/2007 4:42:44 AM PDT by lentulusgracchus ("Whatever." -- sinkspur)
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To: lentulusgracchus
"I don't think Terri gets it"

I don't think you get it either.

The authority to convert existing roads into toll roads lies with the regional authority(RMA), not the state or Perry. The legislature gave this authority to the RMAs.

Also, this issue of converting existing roads is exaggerated by those that try to imply that a thoroughly modern road with adequate capacity is being converted.

28 posted on 03/11/2007 8:19:48 AM PDT by Ben Ficklin
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To: Tolerance Sucks Rocks
One tactical decision elected leaders can make is to raise the gas tax, but nobody has run on that platform. It must not be acceptable, otherwise someone would have done it.

state lawmakers have been unable to resist dedicating portions of the gas tax and registration funds to other uses

29 posted on 03/11/2007 8:32:22 AM PDT by Ben Ficklin
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To: BaylorDad

"Texas’ population expected to double in the next 30 years and with the shortfalls the state is facing in highway funding"

What I don't understand is why there is a shortfall in highway funding. If highway taxes are collected on every gallon of gas sold, then as more gas is sold with the population increase, more money is raised. By the way Texas dosen't need 40 million people, close the border.


30 posted on 03/11/2007 9:36:01 AM PDT by antisocial (Texas SCV - Deo Vindice)
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To: antisocial

"Texas’ population expected to double in the next 30 years and with the shortfalls the state is facing in highway funding"

Doubling the Texas population is a function of being too close to the Mexican border and not stopping the illegal tinruders.
The doubling will not be coming from the AMERICAN citizens increasing their birth rates in Texas.
Stop the illegal intruders.
Quit spending money to molify the situations they are causing.


31 posted on 03/11/2007 10:01:55 AM PDT by ridesthemiles
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To: Ben Ficklin; All

"Carona admits he made a huge error in signing the measure that created the TTC. He told Fort Worth Weekly that he and nearly everyone else in the Texas Legislature were “deliberately deceived” by that bill, and that it’s time to put a halt to the TTC."


The voters were *deliberately* deceived during the Nov. 2001 special election. (amendment 15, section 49C....establishment of TMA)


32 posted on 03/11/2007 11:43:39 AM PDT by wolfcreek (Semi-Conservatism Won't Cut It)
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To: E.G.C.

bump.


33 posted on 03/11/2007 4:09:53 PM PDT by Tolerance Sucks Rocks (The Republican primary field SUCKS!!!)
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To: antisocial
What I don't understand is why there is a shortfall in highway funding.

It is all social services. At one time it was important to strive for self reliance. Now it is not "What can you do for me?" but "Every American has a right to free health care, free insurance, free college education, free senior care, free breakfast & lunch, free transportation, free medications, free child care, free (add your own here)....".

Socialism is promoted by the have nots and many of the have alots. The poor believe it is a right written in the Constitution, and many of the have alots see the poor and, knowing they can pay higher taxes without effecting their live style, feel guilty.

You are right. There is plenty of money for roads but it is being diverted by the politicians so they can get reelected.

34 posted on 03/11/2007 4:50:42 PM PDT by BaylorDad (Re: TTC - Is all the "free" Indian land gone already? Damn!)
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To: Man50D

If you truly oppose the project, you (and your allies) won't get very far playing stupid.


35 posted on 03/11/2007 4:53:45 PM PDT by 1rudeboy
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To: lentulusgracchus
In effect, it was double-billing the public for infrastructure, but hey, it was new money.

If it was double-billing, then why is Cintra-Zachry putting up 12 billion dollars? Does money grow on trees in Texas?

36 posted on 03/11/2007 4:58:19 PM PDT by 1rudeboy
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To: wolfcreek
Carona, with a significant, well paid, staff, didn't know what he was voting on?

The voters, those with common sense, didn't know that they were voting on borrowing money that had to be paid back?

There are only two ways to pay it back, raise taxes or charge tolls. It has been 6 years and the legislature has not raised taxes, which means that tolls are the only way available to pay for the roads. Whether you tax-me-more boys realize it or not, there are a significant number that don't want the taxes to rise.

37 posted on 03/11/2007 5:41:34 PM PDT by Ben Ficklin
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To: Ben Ficklin

Are you talking about the money borrowed to do secret deals? The real question, WTH was the money spent on? Buying influence? Lining the pockets of Perry and his cronies?





38 posted on 03/12/2007 4:21:41 AM PDT by wolfcreek (Semi-Conservatism Won't Cut It)
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To: 1rudeboy
I was referring to the stunt Perry and Williamson are trying to pull, of tolling existing, amortized commuter routes around Austin. They'd like to extend this motif to most of the state's big cities as a revenue-raiser.

Keep in mind, too, that TexDoT's own presentation slides on TTC and tolling make the point that tolling only works if there is no free competition. That is the real meaning of Ric Williamson's defi, "Toll roads or slow roads or no roads."

There's another wrinkle implicit but not stated in that wrinkle. That is, if Cintra-Zachry build TTC, will the existing Interstate system be maintained properly? Or will it be allowed to deteriorate, in the interest of encouraging people to take the TTC routes instead? Think about that -- I-35 needs a lot of work, its end-of-service-life is in sight (the original highway is what, nearly 50 years old now in many segments that have seen the heaviest commuter traffic), and its infrastructure needs for maintenance will be very expensive.

Interstate 10 is showing a fair deal of wear and tear, too -- try driving in the right lane for a while between San Antonio and Houston. I-45 is in better shape, and it's had a lot of work done close to town in Houston and through Corsicana, but I-30 between Dallas and Fort Worth is another highway that is showing its 50-year age; it's relatively narrow and twisty for the amount of traffic it carries, and no telling how much longer the underlying roadbed is going to hold up.

Any controlled-access highway parallel or near a TTC superhighway will be in danger of being underfunded and eventually abandoned. The Cintra-Zachry lobbying interest will always be in the scales against appropriations for its upkeep. That's just business.

39 posted on 03/12/2007 4:54:10 AM PDT by lentulusgracchus ("Whatever." -- sinkspur)
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To: 1rudeboy; Man50D
If you truly oppose the project, you (and your allies) won't get very far playing stupid.

He was making a wry comment about Kansas senators playing dumb in town-hall meetings a couple of years ago. He's talking about a senator who ought to know about a multibillion-dollar "inland port" to be constructed near Kansas City, Kansas, on which two committees of the Congress have been working for 10 years, telling his constituents, who knew exactly what they were asking him about, that the NASCO Highway (which some people call, reasonably, the "NAFTA Highway" instead) was some kind of "Internet rumor" and that it was all will-o'-the-wisp, phantasmagorical stuff that irresponsible people like to talk around and scare little children with.

We're talking about government that denies, denies, denies that it is spending billions to build an infrastructural project that, as far as I can see, will mostly benefit Chinese manufacturers and Stateside "big-box" retailers by eliminating U.S. labor, and a lot of U.S. taxes, from the logistical train.

40 posted on 03/12/2007 5:05:49 AM PDT by lentulusgracchus ("Whatever." -- sinkspur)
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