2005.11.10

Proposition 9, a measure to allow six year terms for members of the boards of local toll authorities (called 'regional mobility authorities' or RMAs) was defeated in the balloting in Texas Nov 8. The measure moved by Mike Krusee of the state house was beaten 1.043,438 to 909,332 votes or by 53.4% to 46.6%.

By itself the measure doesn't appear to have any major effect.

Members of local toll authority boards are appointed:

• the presiding officer by the state governor

• the county commissioners of the founding county appoint two

• joining counties appoint one

• if is even number of commissioners the governor appoints another to maintain an odd number total

The state governor and the counties will simply reappoint toll authority commissioners every two years, instead of every six years as proposed in the constitutional amendment.

However the vote is a political blow to tolling since it suggests a lack of public confidence in the way tolling is being handled in the state.

RMA law was unconstitutional

The proposition went to ballot as a proposed constitutional amendment because the law on RMAs provided for 6 year terms in defiance of the state constitution - which states that the length of term of all public offices except those fixed within the constitution itself cannot exceed 2 years.

Supporters of the amendment said bond investors have more confidence in toll authorities with longer terms for their boards. There's something in that.

However many state toll authorities have boards which serve at the pleasure of the governor, which means they have no security of tenure at all. They still manage to sell bonds, maybe at a shade higher interest cost.

However the major factor in the cost of finance and the confidence of investors is the specifics of bond covenants and confidence in the courts to enforce those covenants.

The board membership is a lesser issue, and their personality, character, and experience is far more important than their term-of-appointment.

COMMENT: We support tolling. It is the fairest way to pay for roads and to finance the extra roadspace we need. Variable toll rates allow traffic to be managed for efficient free flow.

However in Texas the tollers are behaving arrogantly and with extraordinary political ineptitude.

They are over-reaching. Why six year terms for toll authorities? Four year terms would provide some insulation from sudden political change while constituting a more normal term of public office.

There's something sleazy too in that term "regional mobility authority"? It's a toll authority. Why run away from that? Only people without the courage of their convictions or who are too tongue tied to explain themselves resort to silly euphemisms. Does it fool anyone anyway?

Political support in TX has also been sapped by a bewilderingly unprincipled and unexplained intermixing of funding of projects by TxDOT. Wherever they go there's a furore because no one can figure out who's paying for what.

They talk privatization but so far it is all politics as usual.

Certainly the anti-toll groups there display a mean-spirited nastiness and are unreasonable about the alternatives, but TxDOT's promiscuous approach to raising funds and their promotion of projects without even a semblance of study has been the anti-toll groups' major recruiter.

TOLLROADSnews 2005-11-10

Less conflict than the news suggests - reader

An academic who follows TxDOT and the tolling controveries thinks we are too negative in our assessment above: "One thing to keep in mind that Texas is a big state with a decentralized DOT and 25 districts. As such, each TxDOT district office has an opportunity to advance its highway construction program - with tolling - as it sees fit. I recently attended a toll public hearing in one community two weeks ago that was very cordial, with most speaker comments and submitted written comments in favor of the proposed toll project. And it is a project with a blending of traditional gas tax funds and toll financing. I know there are also other districts where they are taking a very methodical and reasoned approach to public education and outreach, and so far controversy has been kept to a minimum. These examples are not as controversial and I guess not as newsworthy as what we have heard from some of our other Texas cities. I suppose my point is that there are some small success stories here that are happening under the radar."

Always appreciate a different perspective.

TOLLROADSnews 2005-10-11

Are the antis anti-toll?

Some of the opponents of present toll plans object to being called anti-toll. Sal Costello, the most fiery and often vicious critic of tollroad plans in the state and organizer of the Austin Toll Party says he has no objection to traditional tollroad funding in which toll revenues on Turnpike A are tied to the financing of Turnpike A. They say what they object to is tolling of roads funded with gas tax money.

Vincent May, a PET supporter emails: "PET has often stated its support of toll roads. You should not confuse its opposition to redistributionist plans by Governor Perry and State Rep Krusee with anti-toll sentiments. The pro-tollers in Texas wish to redistribute costs from truckers to cars, from suburbanites to central city dwellers, from public transport, buses and passenger trains, to private vehicles, from rural land owners to road builders... I oppose all redistributionist schemes. Even when they are promoted by self described 'conservative Republicans'."

TOLLROADSnews 2005-11-13