Endnotes

[1]Texas S.B. 342, 77th Leg. Reg. Sess. (2001).

[2]Texas Department of Transportation, “Texas Transportation Commission Minute Order No. 109052,” Austin, Texas, October 31, 2002.

[3]Tex. Transp. Code Chapter 370.

[4]Tex. Transp. Code §370.035.

[5]Tex. Transp. Code §370.163.

[6]43 Tex. Admin. Code Part 1, Chapter 26, Subchapter E, Rule Section 26.41 (a)(1).

[7]Tex. Transp. Code Ann. sec. 370.

[8]Texas Department of Transportation, “Welcome to the Texas Turnpike Authority Division,” http://www.dot.state.tx.us/tta/. (Last visited November 8, 2004.)

[9]Tex. Transp. Code Ann. §222.103.

[10]Texas Department of Transportation, Mobility Challenges and Solutions: 79th Texas Legislative Session (Austin, Texas, December 16, 2004), p. 6.

[11]Texas Department of Transportation, “Texas Transportation Commission Minute Order No. 109227,” Austin, Texas, April 24, 2003.

[12]Interview with Dan Wegmiller, senior vice president, First Southwest Company, Austin, Texas, December 7, 2004.

[13]Texas Department of Transportation and Central Texas Regional Mobility Authority, Financial Assistance Agreement (Austin, Texas, May 30, 2003), p. 2.

[14]Central Texas Regional Mobility Authority, Resolution No. 05-07, “Draft Financial Assistance Agreement 183-A Turnpike Project” (Round Rock, Texas, January 26, 2005), p. 2.

[15]Gary Scharrer, “No Toll Roads Could Cost City Cash,” El Paso Times (May 13, 2004).

[16]Capital Area Metropolitan Planning Organization Transportation Policy board meeting transcript, Austin, Texas, January 24, 2005.

[17]Tex. Transp. Code Ann. §201.943.

[18]Williamson County Commissioners Court and Central Texas Regional Mobility Authority, Interlocal Agreement (Round Rock, Texas, March 1, 2003), p. 1.

[19]Interview with Julie Kiley, first assistant county auditor, Williamson County Auditor’s Office, Round Rock, Texas, December 2, 2004.

[20]Williamson County Commissioners Court and Central Texas Regional Mobility Authority, Interlocal Agreement (Round Rock, Texas, September 30, 2003.), p. 1.

[21]Interview with Julie Kiley, first assistant county auditor, Williamson County Auditor’s Office, Round Rock, Texas, January 5, 2005.

[22]Travis County Commissioners Court and Central Texas Regional Mobility Authority, Interlocal Agreement (Austin, Texas, June 4, 2003), p. 2.

[23]Travis County Commissioners Court and Central Texas Regional Mobility Authority, Interlocal Agreement (Austin, Texas, October 16, 2003), p. 2.

[24]Interview with Julie Kiley, first assistant county auditor, Williamson County Auditor’s Office, Austin, Texas, December 2, 2004; and interview with Joe Gieselman, executive manager, Travis County Transportation and Natural Resources Department, Austin, Texas, December 2, 2004.

[25]Interview with Julie Kiley, first assistant county auditor, Williamson County Auditor’s Office, Austin, Texas, January 5, 2005.

[26]Travis County Commissioners Court and Central Texas Regional Mobility Authority, Interlocal Agreement (Austin, Texas, October 16, 2003), p. 3.

[27]First Southwest Company and D. Ladd Pattillo & Associates, Inc. “Central Texas Regional Mobility Authority Series 2005 Financing Summary,” (Round Rock, Texas, February 16, 2005), p.1.

[28]Vollmer Associates, LLP, 183A Project Traffic and Revenue Study Final Report (Austin, Texas, December 16, 2004), Section 6.3, pp. 6-6, 6-7.

[29]Interview with Dan Wegmiller, senior vice president, First Southwest Company, Austin, Texas, February 17, 2005.

[30]Tex. Transp. Code Ann. §370.113.

[31]Central Texas Regional Mobility Authority, First Supplemental Trust Indenture Between Central Texas Regional Mobility Authority and JP Morgan Chase, National Association, Trustee Authorizing Senior Lien Revenue Bonds, Series 2005 (Austin, Texas, February 1, 2005), p. 1.

[32]Central Texas Regional Mobility Authority, Master Trust Indenture Between Central Texas Regional Mobility Authority and JP Morgan Chase, National Association, Trustee (Austin, Texas, February 1, 2005), section 504, p. 39.

[33]Central Texas Regional Mobility Authority, First Supplemental Trust Indenture Between Central Texas Regional Mobility Authority and JP Morgan Chase, National Association, Trustee Authorizing Senior Lien Revenue Bonds, Series 2005 (Austin, Texas, February 1, 2005), p. 20.

[34]Central Texas Regional Mobility Authority, Master Trust Indenture Between Central Texas Regional Mobility Authority and JP Morgan Chase, National Association, Trustee (Austin, Texas, February 1, 2005), section 505, pp. 40-45.

[35]Central Texas Regional Mobility Authority, Master Trust Indenture Between Central Texas Regional Mobility Authority and JP Morgan Chase, National Association, Trustee (Austin, Texas, February 1, 2005), section 720, p. 72.

[36]Interview with Mike Heiligenstein, executive director, Central Texas Regional Mobility Authority, Austin, Texas, October 8, 2004.

[37]North Texas Tollway Authority, “Major Projects,” http://www.ntta.org/pub/pub/pub_projects_index.jsp. (Last visited January 3, 2005.)

[38]Orlando-Orange County Expressway Authority, “The Expressway Authority Names Michael Snyder Executive Director,” http://www.expresswayauthority.com/newsandreports/newsflash.html. (Last visited February 7, 2005.)

[39]Interview with Bryan Douglas, director of communications, Orlando-Orange County Expressway, Austin, Texas, December 13, 2004.

[40]Interview with Everett Owen, Owen Consulting, Austin, Texas, November 3, 2004.

[41]Central Texas Regional Mobility Authority, Policies and Procedures Governing Procurements of Goods and Services by the Central Texas Regional Mobility Authority (Austin, Texas, effective February 26, 2003 and last amended August 27, 2003) http://www.ctrma.org/policies.php (last visited January 4, 2005).

[42]E-mail communication from Wayne Placide, First Southwest Company, to C. Brian Cassidy, general counsel, Central Texas Regional Mobility Authority, December 4, 2003.

[43]Central Texas Regional Mobility Authority, “Board Resolution No. 03-12” (Austin, Texas, February 26, 2003).

[44]Williamson County Commissioners Court and Central Texas Regional Mobility Authority, Interlocal Agreement between Williamson County and the Central Texas Regional Mobility Authority (March 1, 2003); and Central Texas Regional Mobility Authority, “Board Resolution No. 03-12.”

[45]Central Texas Regional Mobility Authority, “Board Resolution No. 03-12.”

[46]Central Texas Regional Mobility Authority and HNTB Corporation, Agreement for General Consulting Civil Engineering Services: Exhibit A, Scope of Services (Austin, Texas, September 1, 2003), p. 6ff.

[47]Central Texas Regional Mobility Authority, Agreement for General Consulting Civil Engineering Services, p. 12; and HNTB Corporation, “General Engineering Consultant Proposal, presented to Central Texas Regional Mobility Authority,” Austin, Texas, June 16, 2003, p. 3.

[48]Federal Acquisition Regulations are found in Title 48, Chapter 1 of the Code of Federal Regulations. See http://www.acqnet.gov/far/loadmainre.html. (Last visited January 10, 2005). HNTB’s FAR overhead rate changed to 150.43% in June 2004, applicable to all invoices for calendar 2004.

[49]The Uniform Audit & Accounting Guide For Audits of Transportation Consultants’ Indirect Cost Rates, prepared by the American Association of State Highway and Transportation Officials, Audit Subcommittee (Washington, D.C., December 2001), defines a direct cost as “any cost that can be identified specifically with a particular contract or project...and (is) to be charged directly to the contract or project.” (p. 3-3). The guide does not specifically define indirect costs, but provides examples such as advertising, public relations, compensation and bonuses for management employees and interest costs. All cost allocations are subject to a reasonableness test and not all types of expenses under these general categories are allowed. The guide is available at http://audit.transportation.org/community/audit/site.nsf/homepage/overview?opendocument. (Last visited January 10, 2005).

[50]Letter from C. Brian Cassidy, general counsel, Central Texas Regional Mobility Authority Board, December 14, 2004.

[51]Central Texas Regional Mobility Authority and HNTB Corporation, Agreement for General Consulting Civil Engineering Services, Compensation, p. 6.

[52]Central Texas Regional Mobility Authority and HNTB Corporation, Agreement for General Consulting Civil Engineering Services, p. 10.

[53]Memorandum from Dalton M. Ritter to Amadeo Saenz Jr., Texas Department of Transportation, “Central Texas Regional Mobility Authority US 183-A Turnpike Project, Audit Summary,” Austin, Texas, September 10, 2004, p. 3. HNTB’s FAR overhead rate changed to 150.43 percent in June 2004. According to Everett Owen, a CTRMA contractor overseeing HNTB’s invoices and billings, this rate should be applied to all bills subsequent to its approval by the federal government.

[54]Interview with Everett Owen, January 25, 2005.

[55]HNTB Corporation, “Master Agreement Between GEC and Consultant (aci group, LLC),” effective September 1, 2003. HNTB signed almost identical master agreements with most, but not all other consultants.

[56]HNTB Corporation, “Agreement Between HNTB and Consultant (Adisa Public Relations),” July 26, 2004.

[57]State Auditor’s Office, An Audit Report on The Health and Human Services Commission’s Administration of the CHIP Exclusive Provider Organization Contract (Austin, Texas, July 2004), p. v, available in pdf format at http://www.sao.state.tx.us/Reports/report.cfm/report/04-042. (Last visited December 16, 2004.)

[58]Texas Comptroller of Public Accounts, State Energy Conservation Office and the Texas Engineering Experiment Station (Contractor), Contract CM-505, Austin, Texas, effective November 17, 2004, p. 2.

[59]Interview with C. Brian Cassidy, general counsel to the Central Texas Regional Mobility Authority, Austin, Texas, November 22, 2004.

[60]Central Texas Regional Mobility Authority, Director of Operations job description, available in pdf format at http://www.CTRMA.org/. (Last visited January 26, 2005.)

[61]Texas S.B. 311, 77th Leg. Reg. Sess. (2001).

[62]Texas Building and Procurement Commission, Contract Management Guide, available in pdf format at http://www.tbpc.state.tx.us/stpurch/contractguide.html. (Last visited December 8, 2004.)

[63]Central Texas Regional Mobility Authority, Policies and Procedures Governing Procurements of Goods and Services (Austin, Texas, February 26, 2003), p. 1.

[64]Interview with C. Brian Cassidy, general counsel to the Central Texas Regional Mobility Authority, Austin, Texas, October 21, 2004.

[65]Central Texas Regional Mobility Authority, Bylaws of the Central Texas Regional Mobility Authority: Resolution No. 03-62, p. 4, available in pdf format at http://www.ctrma.org/policies.php. (Last visited November 15, 2004.)

[66]E-mail communication from Brian Cassidy, general counsel, Central Texas Regional Mobility Authority, November 28, 2004.

[67]Central Texas Regional Mobility Authority, “Board / Key Staff,” http://www.ctrma.org/staff.php. (Last visited January 5, 2005.)

[68]Letter from Bob Tesch, chairman of the Board, Central Texas Regional Mobility Authority, November 12, 2004.

[69]Taken from Williamson County Appraisal District, property appraisal search engine, http://www.wcad.org/. (Last visited January 10, 2005.)

[70]Williamson County, Affidavit for Robert E. Tesch, “RMA Board Member Eligibility,” Round Rock, Texas, November 26, 2002, p. 2.

[71]Letter from Bob Tesch, November 12, 2004.

[72]Office of the Governor, “Appointment Application for Robert Tech,” Austin, Texas, December 20, 2002; and Office of the Governor, “State Appointment Disclosure Form,” Austin, Texas, January 25, 2003.

[73]43 Tex. Admin. Code §26.51.

[74]Team Texas, “Sponsors,” http://www.team-tx.org/sponsers.aspx. (Last visited January 20, 2005.)

[75]Team Texas, meeting agendas for February 4-5, 2004, July 14-15 2004, April 27-28, 2004, April 30-May 1, 2003, January 29-30, 2003 and October 23-34, 2002, available in pdf format from http://www.team-tx.org/pastmeetings.aspx. (Last visited January 3, 2005.)

[76]Letter from C. Brian Cassidy, general counsel, Central Texas Regional Mobility Authority, November 19, 2004.

[77]Information provided by the Four Seasons Hotel.

[78]E-mail communication from Richard Ridings, HNTB, June 20, 2004.

[79]Central Texas Regional Mobility Authority, “Conflict of Interest Policy for Consultants,” Austin, Texas, November 5, 2003, p. 1, available in pdf format at http://www.ctrma.org/policies.php. (Last visited November 15, 2004.)

[80]Central Texas Regional Mobility Authority, “Conflict of Interest Policy for Financial Team Members,” Austin, Texas, November 5, 2003, p. 1, available in pdf format at http://www.ctrma.org/policies.php. (Last visited November 15, 2004.)

[81]Interview with C. Brian Cassidy, October 21, 2004; and interview with Everett Owen, consultant to the Central Texas Regional Mobility Authority, November 3, 2004.

[82]Dylan Rivera, “Media Consultant’s Task: Sell Williamson County, Pete Peters,” Austin-American Statesman (January 8, 1987), p. B-7.

[83]“Texas Criminal History Records,” National Data Registry, Inc., 2003.

[84]Tony Plohetski, “State to Assist Inquiry of Political Consultant, Williamson Officials Hope to Avoid Potential for Conflict of Interest in Billing Case,” Austin-American Statesman (April 6, 2002), p. B-1.

[85]Tony Plohetski, “State to Assist Inquiry of Political Consultant, Williamson Officials Hope to Avoid Potential for Conflict of Interest in Billing Case,” Austin-American Statesman (April 6, 2002), p. B-1.

[86]Letter from C. Brian Cassidy, general counsel, Central Texas Regional Mobility Authority, December 14, 2004.

[87]Tex. Transp. Code Ann. §370.255.

[88]Tex. H.B. 1, 78th Leg. Reg. Sess. (2003), art. IX, secs. 4.04, 5.04, 5.06 and 5.07.

[89]Central Texas Regional Mobility Authority, “Reimbursement and Travel Policy” approved January 26, 2005, pp. 1-3.

[90]Letter from Central Texas Regional Mobility Authority board member Johanna Zmud to Central Texas Regional Mobility Authority, in care of Peña Swayze, November 19, 2003.

[91]Bylaws of Central Texas Regional Mobility Authority, Section 9, passed December 17, 2003, p. 4.

[92]34 Tex. Admin. Code, Public Finance Part 1, Subchapter O of Chapter 3, Rule 3.322.

[93]Interview with Meri Walker, Between the Lines, Austin, Texas, December 10, 2004.

[94]Interview with Richard Ridings, HNTB, Austin, Texas, October 28, 2004.

[95]Interview with Everett Owen, Owen Consulting, Austin, Texas, November 3, 2004.

[96]Interview with Everett Owen, Owen Consulting, Austin, Texas, November 3, 2004.

[97]Interview with Mike Heiligenstein, executive director, Central Texas Regional Mobility Authority, Austin, Texas, October 8, 2004.

[98]Central Texas Regional Mobility Authority, written responses to Comptroller questions dated November 19, 2004.

[99]Central Texas Regional Mobility Authority, “Resolution No. 03-46,” Austin, Texas, September 24, 2003, Exhibit B.

[100]Central Texas Regional Mobility Authority, “Resolution No. 04-44,” Austin, Texas, September 29, 2004, Exhibit B.

[101]Central Texas Regional Mobility Authority, Board of Directors meeting minutes, Austin, Texas, March 31, 2004, p. 5.

[102]Central Texas Regional Mobility Authority, Board of Directors meeting minutes, Austin, Texas, September 29, 2004, p. 6.

[103]Tex. Gov’t. Code Ann. §556.004 and §556.005.

[104]Memorandum from Don Martin, Martin & Salinas, to Bob Daigh, executive director, Texas Turnpike Authority and Mike Heiligenstein, executive director, Central Texas Regional Mobility Authority, April 15, 2004.

[105]Letter from Mike Heiligenstein, executive director, Central Texas Regional Mobility Authority, to Don Martin, Martin & Salinas, April 21,2004.

[106]Citizens for Mobility, “Citizens for Mobility: ‘Get Austin Moving Again,’” http://www.congestionrelief.com/citizen.htm. (Last visited January 3, 2005.)

[107]Martin & Salinas Public Affairs, Inc., “Don Martin,” http://www.martinsalinas.com/don.html. (Last visited December 14, 2004.)

[108]E-mail communication from Paul Saldaña of Adelante Solutions to Michael Weaver, Mike Heiligenstein, Bob Daigh, Brian Cassidy, Don Martin, Trey Salinas, Nancy Ledbetter, Pete Peters and Howard Faulkenberg, April 12, 2004.