2005.04.19
Texas Department of
Transportation would have veto powers over new
turnpikes in the state under HB2650, a bill which
passed the state house 85-54 this week. The bill
titled "An act relating to local government
participation in the financing of turnpike projects"
reiterates the powers that local governments already
have to make agreements with private entities to
build toll roads but adds this sting [361.308 (3)
(d)]: "An agreement under this section between a
local government and a private entity must be
approved by the department."
In Nov 2001 a
constitutional amendment (Prop 15) approved by 68%
of Texas voters authorized creation of local toll
agencies called Regional Mobility Authorities.
Several have been formed, but there has been
wrangling ever since over their powers. Existing
legislation gives the Texas Transportation
Commission the right to accept or reject the
creation of an RMA. Once an RMA is constituted
however the pikes only have to be built to TxDOT
standards. TxDOT has no power to interfere in the
location of RMA-sponsored pikes or the terms under
which they are financed.
RMA pikes are
specifically not to become parts of the state
highway system. Only if an RMA pike connects to a
state highway or needs state subsidies is TxDOT
approval of that connection required. That hasn't
set well with TxDOT bureaucrats in Austin.
TTC35 a precedent
TxDOT's yearning for
control has been manifested in the so-called
comprehensive development agreement - purely a
project development contract - with
Cintra-Zachary
for the design of the first Texas Transportation
Corridor - TTC35. Although advertized as a "public
private partnership" in the trendy lingo of the
times, it provides the department with almost
unlimited powers to void the deal if it isn't
getting its way.
The move to assume
'yes/no' control over local government tollroads is
apparently part of the same urge to centralize power
at TxDOT.
State Rep Joe Pickett
(Dem El Paso) called HB2650 "terrible, terrible
policy." He complains that the legislature had no
hearings, and no debate before passing the bill,
adding: "It's just giving TxDOT more and more
power."
Apparently HB2650 would
also affect the state's two longstanding independent
toll authorities, the North Texas Toll Authority
(Dallas) and the Harris County Toll Road Authority (HCTRA).
The bill goes to the
state Senate now.
TOLLROADSnews 2005-04-19
