This page
provides a recap
of the
blow-by-blow
CorridorWatch
action during
the 2007 Texas
Regular
Legislative
session. The
most current
events are at
the top and are
as they appeared
on the homepage
throughout the
session. This
provides the
reader with a
historical
perspective of
the shifting
bills, issues,
and positions.
House Votes To
Pass SB792 127
To 19
CorridorWatch was
in the House
gallery watching
as the House
voted 127 to 19
in favor of
passing SB792 as
reported from
the Conference
Committee. House
members were
told that the
Governor's
Office has a
clerk standing
by waiting for
the delivery of
SB792 so that it
can be signed
before Monday.
Several
Representatives
asked questions
of
Representative
Smith to get the
legislative
intent on the
record. Those
asking
clarifying
questions (in
order) were Rep.
Leibowitz,
Kolkhorst,
Macias, Bolton,
and Noriega. No
one spoke in
opposition to
adoption.
Despite Loss of
Amendment 13
CorridorWatch
Backs SB792
The valiant
effort of
Representative
Lois Kolkhorst
together with
dozens of other
legislators,
thousands of
CorridorWatch
members, and the
thousands more
who joined us
could not over
come the
tremendous power
of the
Governor's
office. Those
who fought this
fight with us
deserve our
gratitude.
Did we lose?
NO WE WON! We
got a lot, a lot
more than anyone
thought
possible!
Congratulations!
Your calls,
faxes and email
generated the
support
necessary to
produce a
bill that's a
giant leap
forward in our
fight to stop
the Trans Texas
Corridor.
Without your
support our
effort would
have been
completely
crushed by a
Governor who is
determined to
build the TTC
over the
objections of
Texas citizens,
community
leaders, and the
entire Texas
Legislature.
Your pressure
for Amendment 13
has produced
tangible results
that will become
powerful tools
in our continued
fight against
the TTC.
We will get a
moratorium.
Although it's
punched full of
holes to
accommodate a
dozen pending
toll road
project across
the state, SB792
still contains a
two-year
moratorium that
will slow
construction of
the Trans Texas
Corridor,
particularly
TTC-69. We
remain
unconvinced that
the moratorium
language of
SB792 is tight
enough to stop
TTC-35 facility
agreements from
being executed
during the next
two-years, but
we have been
given that
assurance from
others who are
very involved in
the process,
including
Senator Nichols.
It has also been put
on the official
record over and over
that it is the
intent of the
legislature to halt
any TTC construction
contract from being
signed over the next
two years, including
TTC-35. In response,
public
representations have
been made to the
legislature that no
TTC construction
contracts will be
executed during the
moratorium. Should
that occur a certain
firestorm will erupt
with CorridorWatch
leading a charge
against TxDOT.
Here are some of the
positive things that
Senate Bill 792 will
do:
-
SB792 creates a
formal
legislative
study committee
to research and
report on public
policy
implications of
private
partnership toll
projects. This
will provide the
public a
substantive
opportunity to
participate in
the discussion
of
public-private
partnerships and
perhaps the
overarching
Trans Texas
Corridor.
-
SB792 will
require the
authorization
for
comprehensive
development
agreements to
come under
review and
reauthorization.
This provides
another
opportunity to
stop the use of
CDAs.
-
SB792 provides
for greater
public access to
information and
more disclosure
with regard to
the Trans Texas
Corridor and
other toll
related
contracts and
details.
Even without
Amendment 13
there's enough
in SB792 to
merit our full
support.
Our legislators
listened, heard
us, and did
their best to
deliver a TTC
moratorium. It's
not a perfect
bill, they
seldom are. And
yes, there are
several
provisions that
we don't like
and would like
to see removed.
But that time is
gone and we'll
need to wait
until next
session to
address them.
SB792 Compromise
Agreement Signed
Off on Today
It's Thursday
and as expected
a SB792
Conference
Committee
agreement was
reached today.
We believe the
House adjourned
before the
agreement was
fully concluded.
Accordingly, is
should be laid
out in the House
on Friday and
voted on
Saturday. The
Senate is should
move it faster
than the House.
As we also
expected,
Amendment 13 was
removed to get
the deal done.
During the
negotiation
process we heard
indications from
several sources
that assurances
were being given
that the
moratorium would
effect TTC-35
without
Amendment 13.
That may be the
case, so we will
not jump to any
conclusions.
Rep. Lois
Kolkhorst joined
the other four
House members in
signed off on
the agreement
Thursday lending
more credibility
to the claim of
getting the
coverage in
another manner.
Amendment 13 had
been the
sticking point
and most reports
indicated
Kolkhorst has
the key holdout.
We're waiting on
a copy of the
newly revised
text so that we
can start the
analysis.
Stay tuned . . .
Governor Perry
Hammers the
Senate
It's Tuesday and
we have crossed
into the last
week of the
regular
legislative
session. SB792
is still in
Conference
Committee and a
very hot issue.
Rep. Lois
Kolkhorst has
dug in and by
every
report has
refused all
pressure to
abandon or
weaken her
'facility
agreement'
Amendment 13.
The extreme
pressure to
remove Amendment
13 is the best
evidence that
Kolkhorst is
right in
believing this
amendment
removes a
loophole that
allows TxDOT to
move forward
with TTC-35
construction
contracts.
"All the
pressure
has come
down on
Kolkhorst
to drop
her
amendment
or take
some
face-saving
language.
She has
said no.
Her
former
allies,
the
urbans,
appear
to be
ready to
throw
the
rurals
under
the bus
so that
they can
get
their
money."
- Paul
Burka
See today's
Texas Monthly
Burka Blog,
"Taking the
Rurals for a
Ride"
Only weeks ago
Perry was
reported by
the Austin
American-Statesman
to say he was
willing, "sign
the moratorium
tomorrow" if
that was the
only thing in
the bill. But
that was before
Kolkhorst gave
us an
enforceable
moratorium. Now
his tune has
changed. If it
were not for
Kolkhorst SB792
would have
passed and when
it failed to
stop the TTC
Governor Perry
would have laid
the blame at the
feet of the
Legislature
saying they
wrote the bill
and he signed
the bill they
wanted.
Everyone in the
Senate and the
House is fully
aware that
taking Amendment
13 off SB792
would give a
green light to
Cintra-Zachry,
TxDOT, and
TTC-35. Likewise
the curtain has
been pulled back
and their
constituents
also know
exactly what's
happening and
will decide who
will be held
responsible.
Should SB792
fail to pass the
Legislature
still has HB1892
waiting for a
veto override
vote. Of course
Perry operatives
say he has the
11 votes in the
Senate needed to
keep HB1892
dead. To make
sure he gets his
way the
Governor's staff
is pounding on
our Senators
every day.
Citizens across
the state have
united in their
opposition to
the Trans Texas
Corridor. They
have objected
loudly in every
forum made
available to
them. At their
state
conventions the
Republican,
Democrat, and
Libertarian
parties all
adopted official
platforms
opposing the
Trans Texas
Corridor. What
may have started
as a rural issue
has been joined
by urban
citizens and
become an issue
of all Texans.
As an
institution
of
representative
government,
the
Texas
Legislature
is on
the
brink of
failing
the
People
of
Texas.
-
David
Stall,
CorridorWatch
House
Conference
Committee
Members Get Busy
After no action
on Monday, the
House got busy
on Tuesday.
Conference
Committee
members were
named and almost
immediately
started working
on
the SB792. By
Tuesday night
there were
signals that a
compromise had
been reached.
But their plan
to unveil their
work product
Wednesday
morning seems to
have come apart
before the night
was over. We
don't have any
indication if
amendment 13 is
in or out.
Meanwhile
members on the
House floor were
reportedly
organizing to
rebuff SB792 if
it shows up
without
amendment 13.
-
Representative
Chairman
Wayne Smith
-
Toll Free
866.423.5987
/ Fax
512.463.1323
-
Representative
Lois
Kolkhorst -
512.463.0600
/ Fax
512.463.5240
-
Representative
Patricia
Harless -
512.463.0496
/ Fax
512.463.1507
-
Representative
Larry
Phillips -
512.463.0297
/ Fax
512.463.1561
-
Representative
Joe Pickett
- Toll Free
800.775.5810
/ Fax
512.463.6504
Stay tuned,
we'll let you
know as news
develops.
[Full Conference
Committee list]
SB792 Has Fatal
Flaw.
No Amendment, No
Moratorium.
There is a fatal
flaw in the
language of
SB792 that would
allow TxDOT to
proceed with
construction of
TTC-35, even if
the bill becomes
law. On May 17,
Rep. Lois
Kolkhorst fixed
that loop hole
with House
Amendment #13.
The Governor
has demanded
that amendment 13 be
removed from SB792.
In a document
circulated to
Senators the
Governor's Office
complains that, "No
segment of TTC-35
can be built during
the moratorium,
except Loop 9, which
is exempted from the
moratorium." Of
course that is
exactly the whole
intent of
introducing the
moratorium bill.
Governor Perry has
said he would sign a
moratorium bill, but
that was when it
wouldn't stop his
TTC. Now he has
changed his tune and
is pressuring
Senators to strip
the amendment off
SB792 effectively
eliminating any
moratorium on the
TTC.
There will be very
little if any
benefit to most
Texans from the
passage of SB972 if
is fails to contain
the provisions of
amendment 13 that
put an
enforceable 2-year
hold private CDA
projects.
Amendment 13 will
not effect North Tx
projects.
None of the
projects exempt from
the moratorium under
SH792 will be
effected by the
inclusion of
amendment 13. SH121,
SH161, Loop 9, I635,
I820, SH130, and
SH45SE can all
continue without
delay.
For a full
explanation of the
issue with SB792 and
why need amendment
13
CLICK HERE.
Have We Been
Sold Out?
Afraid So!
By the time you
read this the
Governor's
office may have
already out
maneuvered us
all by
effectively
removing Trans
Texas Corridor
TTC-35 from any
moratorium
limitations in
the pending
bill, SB792.
The Governor's
office has targeted
seven House
amendments for
removal.
Things are moving so
fast there may be no
time for anyone
outside a small
circle of
key legislators to
impact the outcome.
By Monday it is
likely that Governor
Perry will have his
way and the citizens
of Texas will have
been sold out at the
highest levels of
it's State
Government.
The Governor's
representatives Kris
Heckmann and former
Senator Kenneth
Armbrister arrived
to visit Texas
senators shortly
after 11:00am Friday
morning. About that
same time a three
page
analysis/summary of
SB792 amendments,
reportedly prepared
by Kris Heckman, was
circulating among
Senators.
CorridorWatch has
been told that seven
amendments have been
targeted by the
Governor's office
for removal. Among
those are one by
Pickett [6]
effecting the El
Paso RMA; one by
Callegari [12] they
believe was
misdrafted; three by
Kolkhorst [13, 15, &
16] effecting TTC35,
CDA penalty payment
funds, and a
prohibition of
investment firms
being on both sides
of a CDA; one by
Quintanilla [22] a
county contract
provision; and, one
by Y. Davis [27]
requiring land taken
by condemnation be
offered back to the
owner if unused.
Lieutenant Governor
David Dewhurst met
on the floor of the
Senate Friday
morning with
Senators Williams,
Carona, and Nichols
in an apparent
attempt to convince
Nichols to agree
with removal of the
offending amendments
(Nichols has since
been named to the
Conference
Committee). It is
widely believed that
Nichols is unlikely
to agree with
efforts to weaken
the bill.
It was Dewhurst who
forced SB792 in to
play in the first
place thereby making
his intent to yield
to the Governor's
wishes very clear.
As expected the
Senate members named
to the conference
committee are
stacked in favor of
producing the
Governor's desired
outcome. With only
three votes out of
five required it is
unlikely that
Nichols will find
enough support among
the other conferees
to preserve the
moratorium or other
amendments.
You may
recall Austin
political
insiders predicted
that the legislature
would fold under the
Governors' pressure.
We had given them
more credit, but
that may prove to be
sorely undeserved.
SB792
Conference Committee
Members.
-
Senator Tommy
Williams, Chair
Toll Free 888.668.1227
/ Fax
512.463.6373
-
Senator John
Carona
512.463.0116
/ Fax
512.463.3135
-
Senator Eliot
Shapleigh
512.463.0129
/ Fax
512.463.0218
-
Senator Kim
Brimer
512.463.0110
/ Fax
512.475.3745
-
Senator Robert
Nichols
512.463.0103
/ Fax
512.463.1526
-
Representative
Chairman Wayne
Smith -
Toll Free
866.423.5987 /
Fax 512.463.1323
-
Representative
Lois Kolkhorst -
512.463.0600 /
Fax 512.463.5240
-
Representative
Patricia Harless
- 512.463.0496 /
Fax 512.463.1507
-
Representative
Larry Phillips -
512.463.0297 /
Fax 512.463.1561
-
Representative
Joe Pickett -
Toll Free
800.775.5810 /
Fax 512.463.6504
House Conference
Committee members
were not formally
named until Tuesday.
But that doesn't
mean that Rep. Smith
hasn't didn't have them
picked and began the
process of looking
at the bill language
the Governor expects
them to agree on.
CorridorWatch has
been told that
Senate conferees
will start meeting
today, Saturday. And
word has it that
Senator Carona will
start 'visiting with
likely House
conferees' this
weekend as well.
Anything can happen
in conference, but
this time the sheet
music has been
supplied by the Lt.
Governor and the
Governor is calling
the tune.
CorridorWatch was
wrong!
Have you heard that
HB1892 won't effect
TTC-35? We had, and
we thought that it
was a load of
baloney.
Unfortunately, we
were wrong. Now we
know it and they
know we know it.
There is no question
that it was always
the clear
legislative intent
of HB1892 and SB792
to stop TxDOT from
proceeding with any
TTC facility
construction during
the two-year
moratorium. Everyone
knew that including
the Governor and
TxDOT and yet they
let the legislature
believe that these
bills would do that.
In fact the Governor
went on record
saying that he would
sign the moratorium.
Amendment 13 to
SB792 offered by
Kolkhorst closes a
moratorium loophole
in HB1892 by
including TTC-35 CDA
facility agreements.
The only exception
would be Loop 9.
Representatives
Anderson, Bohac,
Darby, Miles, Miller
and Zerwas joined
Kolkhorst as
coauthors of this
amendment.
If only one
amendment survives
the Conference
Committee it needs
to be Amendment 13.
Amendment 13 is
"Do or Die" for
TTC-35.
It is no surprise
that Kolkhorst
amendment 13 is on
the Governor's hit
list. If we are to
have an enforceable
moratorium on the
TTC, we must have
amendment 13 remain
on SB792.
Amendment 16 is
just good
business
practice.
Rep. Kolkhorst also
doesn't think that
the financial
advisor who develops
the market valuation
for a project (for
the toll authority
or TxDOT) should
also advise the
company that will
finance, build,
develop or operated
a TxDOT toll
project. This is
another amendment
that is targeted for
removal.
This and other
amendments also have
merit, but we can't
save the world, and
were not too sure we
can save ourselves
from the Trans Texas
Corridor.
Once again we ask,
Will Our Senators
and Representatives
Continue Standing-Up
For the People of
Texas?
SB792 is Now The
New and
Improved TTC CDA
Moratorium
Bill.
Thursday House
vote: 145 to 2
The next stop is
the Senate.
Representative Lois
Kolkhorst came
through on Thursday
with a couple great
amendments that will
ensure the
moratorium really
stops the Trans
Texas Corridor for
two years.
SB792 is a virtual
bullet-bill, but not
bullet-proof.
The vote to pass
SB792 on second
reading, as amended,
was an incredible
145 to 2. Then, only
minutes later the
House did something
rarely seen, they
suspended the
Constitutional Rules
and moved to take a
third and final vote
immediately without
waiting until
Friday.
Now the bill will be
shot over to the
Senate where they
had hoped to get it
on the Governor's
desk by Friday
morning. The big
question is will
they accept it as
amended by the
House, or complicate
the process by going
to a conference
committee.
Almost three hours
of TTC bashing.
The vast majority of
discussion and
debate that took
place on the House
floor today
displayed open
contempt for the
Trans Texas
Corridor. Most other
toll and highway
projects where left
alone, except SH281
and Loop 1604 in San
Antonio. That wasn't
the case with the
Trans Texas
Corridor.
Representative after
Representative told
the assembled body
how much their
constituents dislike
the TTC.
Representative
Harvey Hilderbran
said that in his
district there was,
"zero support for
the TTC." That
caused someone on
the floor to reply,
"less than zero."
It was very clear
that the members of
the House have been
hearing us and our
concerns about the
Trans Texas
Corridor. It was
especially
gratifying to hear
Representatives say
that the TTC comes
nowhere near their
district and yet
their
Given the roller
coaster ride so far
this session, it's
hard to get too
excited.
Texas is another
step closer to a
moratorium, but it
seems that the
finish line is
always a day away.
What will the
Governor do when the
bill lands on his
desk? Will he veto
HB1892? Will he sign
SB792 upon arrival,
or will he make us
wait another week to
find out its fate?
None of the
uncertainty however,
should lessen the
sweet taste of
victory achieved
Thursday. Together
Texans have kept a
moratorium bill
alive and even
managed to
strengthen it in the
process.
HB1892 vs.
SB792
Is It Too
Late for a Leap
of Faith?
The process of
making law is
seldom straight
forward or
predictable.
First we had
HB2772, then
SB1929, then
HB1892, then
SB792. Still we
have no
moratorium law.
In the last week
CorridorWatch has
expressed concern
about SB792 and
continued our push
for HB1892.
Today that
position shifts.
Our concern has been
that SB792 would fly
through the House
and get nothing more
than a rubber stamp
in the process. Now
it has become clear
that will not
happen. In fact,
this morning the
Austin American
Statesman reported
that, "By one
estimate, there
could be several
dozen suggested
amendments."
Thursday SB792 will
arrive on the floor
of the House, a
place where it will
certainly evolve
into a different
bill. We believe
that it can emerge
as a significantly
stronger and better
bill with an
opportunity to
become law.
CorridorWatch
co-founder David
Stall is at the
Capitol today
actively monitoring
discussions of
SB792. Stall reports
that SB792 will not
pass in the House
without some very
significant
amendments. Those
amendments will
either make SB792 a
better bill than
HB1892 or will add
enough baggage to
kill it.
Stall also predicts
that SB792 is
unlikely to arrive
on the Governor's
desk in time to
avoid a certain veto
of HB1892. If SB792
fails to live up to
our expectations a
veto override could
put HB1892 back in
play.
CorridorWatch is
confident that Rep.
Lois Kolkhorst,
author of the
original moratorium
bill, together and
with support of
other House members
will amend SB792 in
such a manner that
it will merit our
full support.
When HB1892 started
it didn't give us a
moratorium until
Rep. Lois Kolkhorst
added it as an
amendment on the
House floor. If
history repeats,
amendments will
again transform a
questionable bill
into a good bill.
Bottom Line
Bottom line, we
don't care what
number is on the
bill as long as the
end result is a bill
that passes into
law, a law that
gives us a real and
enforceable two-year
moratorium on Trans
Texas Corridor 35.
That leverage can
help stop TTC-35,
TTC-69 and all
future TTC projects
in their current
form.
Time is running out.
It's time to take a
leap of faith.
Please, support your
Representative,
whatever the bill
number.
Mr. Governor, be
careful what you ask
for.
This is not a
legislature that has
been impressed with
the performance of
TxDOT. As well they
should not be.
Reports on TxDOT
performance, their
projections, and
their conclusions
have time after time
resulted in a
failing grade. TxDOT
has also come under
fire for
questionable
justification used
in support of their
aggressive policy
positions.
CorridorWatch
co-founder Linda
Stall told
television
reporters last
week, "Special
session? Bring it
on! If any one issue
deserves more study
and more of a
thorough look, it's
transportation. We
have a rogue agency,
TxDOT is out of
control."
A host of Texas
officials have
expressed their
concern over TxDOT
the last two
years. A State
Senator accused them
of extortion, a
county commissioner
says improper
influence, a State
Representative says
threats, State
Auditor says faulty
accounting
practices, and
underestimated
costs.
The citizens of
Texas should welcome
the opportunities
that a special
session will bring.
Hang On, The Ride Isn't Over Yet
HB1892 has become
the hottest issue of
the 2007 session.
Threats to the
Legislature fly out
of the Governor's
Office while TxDOT
continues waving its
arms. Is anyone
listening?
Chairman
Carona is working to
clean-up
HB1892 and keep
the moratorium in
law.
HB1892 hasn't been
signed - or vetoed.
If Senator Carona
has his way the
threatened veto
won't happen.
Instead he and
others are working
to use a Senate bill
to "improve"
provisions of
HB1892.
CorridorWatch is
told that the 2-year
moratorium and CDA
buyback safeguards
will remain
unaffected.
Dates to watch:
May 18 and May 28.
If Carona is to
be successful he
must move the
new bill (SB792)
through the
Senate and House
before the May
18 veto deadline
for HB1892.
Until the
session ends on
May 28 almost
anything can
happen.
Federal
funding threat
long on drama,
short on
substance.
On May 9, 2007,
U.S. Secretary
of
Transportation
Mary Peters
confirmed in a
letter to
U.S. Senator
Hutchison that
HB1892 "can be
implemented in a
manner
consistent with
Federal Law" and
"would not
affect the
State's
eligibility for
funding under
the Federal-aid
highway
program."
Get Ready; We Smell a Veto
Every day we see
more signs that the
Governor plans to
veto HB1892 -
Thereby killing the
CDA moratorium along
with other controls
it puts on TxDOT.
Can
HB1892 remain
veto proof?
It's far from
automatic, but yes
it can stay veto
proof.
Overcoming a
veto will
require another
vote in both
houses of the
legislature. At
least 21
Senators and 100
Representatives
must vote to
overturn the
veto upon the
bill's
reconsideration.
Any less in
either house and
the veto sticks
and the bill
dies.
Some political
insiders are already
predicting that the
legislature will
fold under the
Governors' pressure.
All Ayes
focus on the Senate.
Sustaining a veto is
a simple numbers
game. In the Senate
those numbers are
smaller and the
Governor has a four
vote head start
towards the eleven
Nay votes he will
need to kill HB1892.
MORE>>
The Sky is
Falling! – So
Says Michael
Behrens, TxDOT
Executive
Director
"As well it
should," says
CorridorWatch
co-founder David
Stall.
Stall says, "No
state agency
deserves to have the
sky fall on their
world more than
TxDOT. They've
earned it with
several years of
willful misconduct
under the leadership
of Ric Williamson."
In response to
Behrens, Stall
claims there is no
state agency that
has conducted itself
in such a
heavy-handed,
self-serving,
public-be-damned
fashion as the Texas
Department of
Transportation (TxDOT).
They know no bounds.
They run roughshod
over everyone from
private citizens, to
transportation
consultants, to
city and
county
officials, to
statewide
transportation
organizations,
to state
legislators, to
legislative
committees, and
even the
United States
Congress. Anyone
that disagrees with
anything the Texas
Transportation
Commission has
decided will find
the entire range of
TxDOT resources used
to crush them.
In a
letter
responding to Rep.
Fred Hill, Michael
Behrens bemoans the
fate of TxDOT
projects should
HB1892 become law.
If TxDOT has
problems they only
have themselves to
blame.
CorridorWatch
believes that the
public deserves
better than what
they've been getting
from TxDOT. Stall
says, "TxDOT needs
to change the way
they do business.
Maybe this will
remind them that
their primary
mission is not
extracting money
from the public they
were created to
serve."
The real question
that should be asked
is, can the
legislature get this
monster under
control or will
TxDOT prove to have
enough power and
control to continue
doing whatever they
want without
restraint.
VICTORY !
At last, CDA
Moratorium Bill
(HB1892) has
PASSED.
Today's House
vote 139 to 1
May 2, 2007
The next stop is the Governor's Desk.
HB1892 passed last week in the Senate 27 to 4 and today in
the House by a vote
of 139 to 1. The
lone supporter was
Rep. Mike Krusee.
Those margins don't
invite a veto, but
Governor Perry is
poised with pen in
hand. He has until
Monday, May 14th to
send the bill back
with his veto and
objections. If he
doesn't act by that
date the bill will
automatically become
law.
The Trans Texas
Corridor is
effectively stopped
for 30 months.
Today's action puts
the breaks on the
TTC and initiates a
study process that
will bring to light
the numerous flaws
surrounding the
project.
Job well done.
Thank you everyone.
Members of CorridorWatch and our numerous friends and allies
in the fight have
won a tremendous
victory for the
state of Texas and
its citizens.
You should know that nearly everyone believed that what you
have accomplished
today was
impossible. Yes, it
was hard. And yes,
there's still a lot
to do. But what we
have done together
this session will
provide the time and
encouragement to
take our fight to
the next level.
CorridorWatch especially applauds the Senators and
Representatives who
listened to our
concerns and led the
charge inside the
Capitol. Without
their efforts we
would have been
lost.
CorridorWatch.org
House Committee Moves SB1267 Out Today, May 1.
Don't Let SB1267
Distract Your Representative;
HB1892 Is The
Real TTC
Moratorium
Bill
Ask yourself why
Chairman Krusee
moved SB1267
now. Beware of
this Trojan
Horse.
CorridorWatch
believes this is
a last ditch
effort to draw
support away
from HB1892.
Why? Because
HB1892 does far
more to limit
and restrict CDA
contracts than
SB1267 and it
can overcome a
veto. Shifting
focus now can
only give more
time to delay
and ultimately
kill the
moratorium.
Keep focused
on getting a
large majority
concurrence on
HB1892.
Despite Twists and Turns HB1892 is Ready for Action in the
House.
Some Reps
May Move To
Oppose Passage;
Bill Supporters
Need Our Help
It's
not over until
it's over.
The Governor's
Office and TxDOT
are keeping up
the political
pressure.
Resorting to
scare tactics
and
unsubstantiated
claims fans of
the TTC and
other private
CDA projects are
assaulting the
legislature.
Call your State
Representative
right now,
today!
Now is not the
time to stumble
short of the
finish line.
Monday was a day
full of action
HB1892 was sent
back to the
Senate for a fix
(40-year CDA
limit exception
for SH121, 161
and managed
lanes on 635).
With lightening
speed HB1892 was
fixed and sent
back to the
House where it
still could be
taken up by the
House on Tuesday
night. It is
very likely that
it will be taken
under
consideration on
Wednesday. You really
need to make
that call NOW.
If you don't
have your Reps
phone number
handy click
HERE.
Additions to
HB1892 will help
protect Texas
and Texans.
HB1892 now includes
more restrictions,
tighter controls and
better oversight on
Comprehensive
Development
Agreements (CDA) as
well as increased
public access and
notice requirements.
The FHWA funding
threat is just a
smoke screen.
The threat
letter
from FHWA resulting
from the efforts of
Chairman Krusee contains
far more pro private
CDA rhetoric than
legal substance.
Amendments in the
Senate have fully
resolved any
potential issues, if
they ever existed.
Legislators
should join
CorridorWatch in
being offended,
not
intimidated, by
this overt
attempt by a
federal agency
to influence this
state's
legislative
process.
The House can join
the Senate and send
a message
that's loud and
crystal clear.
The collective voice
of the Legislature
has said enough is
enough. TxDOT is
pushing too hard,
pushing too far, and
too fast. Since the
Transportation
Commission won't
rein in TxDOT, it is
necessary that the
Legislature take
action.
State Auditor Punches More Holes In TxDOT Funding Gap
A report
released today
challenges
TxDOT's gap
assessment saying,
"it may not be
reliable for
making policy or
funding
decisions."
TxDOT's Strategic
Plan claims the
state is facing an
$86 billion
transportation
funding gap and uses
that shortfall as
justification for
their aggressive
advancement of
statewide toll and
corridor projects.
However, today's
report
finds an $8.6
billion error
and another $37
billion is
estimated, lacks
supporting
documentation, or is
nothing more than a
guess. By
any calculation the
number has been
improperly inflated
at least 10% if not
much more.
The Auditor
found that
TxDOT's number
are based on
self-reported
estimates and
unsupported
assumptions.
This is exactly the
kind of loose and
careless attention
to detail that
should worry
everyone about
TxDOT's rush into
public-private
partnerships. These
contracts will
likely saddle
generations of
Texans with horrific
transportation costs
and limitations when
the very crisis that
supposedly demands
them may have never
existed.
BANG! BANG!
BANG!
CDA Moratorium
Bill (HB1892) has
PASSED in the
Full Senate 27 to 4
The next stop for
HB1892 is the House.
HB1892 has
been passed with the addition of more restrictions, tighter controls and
oversight on Comprehensive Development Agreements (CDA); and, increased
public access and notice.
CorridorWatch
applauds the Senate's effort to provide Texas with greater protection
from bad CDA deals, increased public disclosure, and more opportunities
for public input in the process. These are the very issues that
CorridorWatch co-founders David and Linda Stall testified on and urged
last Wednesday before the Senate Transportation and Homeland Security
Committee.
Voting
against HB1892: Senators Lucio, Ogden, Duncan, and Averitt. Senators
Ogden and Averitt didn't think the bill went far enough to limit tolls
or prevent foreign ownership of toll roads.
Krusee-FHWA
hand grenade a dud.
CorridorWatch
was first to report House Transportation Chairman Krusee had requested
an opinion from the Federal Highway Administration (FHWA) specifically
on HB1892. The resulting threat
letter
from FHWA through TxDOT appears to contain more pro private CDA rhetoric
than legal substance.
CorridorWatch
is offended by the overt attempt of a federal agency to exercise
questionable influence over the state legislative process. It appears
that it is their intent to dictate state policy.
Floor
amendments adopted today fully resolve any potential issues, if they
ever really existed. The grenade fizzled.
Representative Wayne Smith has notified the Speaker of his intention to
concur.
HB1892 is the
much expanded offering of Representative Wayne Smith. Since it is his
bill, he controls where the bill goes from here. If Rep. Smith objected
to the bill as it was returned from the Senate he could have sent it to
Conference Committee where it could have been delayed or drastically
altered. However, CorridorWatch has been told that Rep. Smith has
reviewed the amendments and plans to concur with the bill. Accordingly,
it will soon go to the House floor for a final vote. Once passed it will
be sent to the Governor for signature, veto, or become law automatically
if he takes no action.
The Texas
Senate sends a very strong message to the Governor, Texas Transportation
Commission, and the Texas Department of Transportation.
The collective
voice of the Senate has said enough is enough. TxDOT is pushing too
hard, pushing too far, and too fast. If the Transportation Commission
won't rein in TxDOT it is becoming very clear that the Legislature will.
David Stall of
CorridorWatch says, "this is the price the Commission and TxDOT will pay
for creating a culture of arrogance and flaunting the will of the people
and the legislature."
The House
can join the Senate and amplify the message, making it louder and
crystal clear.
With Rep.
Smith's concurrence the bill will get a quick vote with enough time
remaining to overcome a veto, should the Governor take that action.
HB1892 was been
place on the
Items Eligible for
Consideration
calendar on Monday,
April 30, 2007.
"To veto this
bill would be the grandest act of arrogance imaginable. This is not an
obscure or misunderstood piece of legislation. Tens of thousands of
Texans know exactly what this bill is about and they want it passed. The
Governor should take pause and respect the will of the people," said
Stall
Another
Call To Action.
CorridorWatch
will encourage its members to contact their State Representatives to
ensure continued strong support for HB1892. According to Stall, "There
have been a lot changes to this bill and our Representatives need to
know that the moratorium bill they sent to the Senate has returned with
several new protections and deserves even more vigorous support."
Transportation
Reformation Act
(SB1929) Passes
Senate Committee
Subjected to
another handful of
amendments, SB1929
was finally passed
out of committee.
After having
been left in committee overnight this bill was taken up by the Committee
at the Chairman's desk on the floor Thursday. With several amendments
that amount to not much more than minor corrections and adjustments
SB1929 was passed. Senator Nichols cast the only no vote.
Now the
bill will land in the House Transportation Committee where is will
likely get the cold shoulder from Chairman Krusee.
Fortunately,
those provisions of the bill that would most significantly address
concerns and issues related to the Trans Texas Corridor have already
been attached to HB1829 and will therefore bypass the House
Transportation Committee.
Senate CDA
Moratorium Bill
(SB1267)
Clears Final
Passage in the
Senate 30 to 0
SB1267 is on the
way to the
House.
While collecting
a couple more
amendments on
the floor the
moratorium has
passed in the
Senate. Notable
amendments
exempt Loop 9 in
the DFW area
from the
moratorium and
explicitly
includes Bexar
County's SH281
in the
moratorium while
leaving Loop
1604 exempt.