Surprise, Surprise, Surprise - - NOT !

Is CorridorWatch.org surprised that the public and their elected officials are excluded from learning the specifics and details of toll road agreements being negotiated; and, even after these binding agreements between TxDOT and their highway monopoly partners are signed? Absolutely Not!

On May 31, 2005, the Texas Attorney General’s office ruled that TxDOT must release hundreds of pages of the Comprehensive Development Agreement (CDA) kept secret in their deal with Cintra Zachry to develop Trans Texas Corridor TTC-35. Those portions not yet publicly released include the conceptual development and financial plans.

Do we expect TxDOT and Cintra Zachry to be responsive to the Attorney General's ruling and provide what should be public information? No, unfortunately we do not. We expect to see stonewalling and a protracted legal battle that will likely extend beyond the signing of the next comprehensive development agreement between TxDOT and Cintra Zachry. We would like for this expectation to be wrong, but we won't hold our breath.

In the June 9, 2005, issue of the Austin American-Statesman, they reported a TxDOT spokeswoman as saying TxDOT would not contest the ruling. They also reported TxDOT spokeswoman Gaby Garcia as telling them, “Cintra Zachry has indicated that it will file suit to contest the release of the approximately 200 pages of information.” Only a day later, reported in the June 10, 2005, issue of the San Antonio Express-News, TxDOT spokeswoman Gaby Garcia adjusted their position telling the Express-News that TxDOT officials are discussing whether to challenge the opinion.

This is of little surprise to CorridorWatch.org given the unprecedented confidentiality provisions introduced with HB3588 in 2003 and the atmosphere of secrecy it created. Within months of its passage TxDOT officials discussing TTC conceptual development and financial plans with potential proposers were telling them how well TxDOT could keep a secret. TxDOT records indicate their discussion of secrecy included Jose Lopez de Fuente, Cintra's director of operations in the United States and Latin American. Interestingly, it also included Dan Shelley, a high profile lobbyist who worked for Cintra before becoming Governor Perry's Legislative Director last year.

Provisions of HB3588 remove traditional and expected government transparency and encourage closed room negotiations and activities. We have previously noted that access to the CDA for ETR407, a public contract for another Cintra involved toll road in Canada, was denied public disclosure for more than two years after being signed despite the document itself saying that the agreement was not subject to confidentially protections.

Now San Antonio is getting a taste of TxDOT's highway toll monopoly zeal. The Cintra-Zachry team wants to harvest profits from Loop 1604 and US 281, but they don't want anyone looking over their plans. Not even those who are being asked to approve the proposal being pushed on San Antonio by the Texas Transportation Commission.

So why do you think Cintra-Zachry is volunteering to build toll roads across Texas? San Antonio should be asking why. Look at Harris County. The Harris County Toll Road Authority (authorized by voters at the ballot box) has built a network of toll roads without layering on the additional burden of private partner profits. According the Senator Jon Lindsay the Harris County authority generates a net profit of $50 million each year. Unlike private partner profits, Harris County's money is reinvested in to county transportation projects.

Gone is public disclosure, gone is public debate, gone is legislative oversight, gone is open and transparent government, gone is local control. In it's place we've got greed, privatized taxes not-so-cleverly renamed "tolls", and a massive head-long rush toward creating public highway monopolies that will, under HB2702, span up to 70 years.

[ Complete AG Opinion OR2005-04699 ]