Senate panel backs changes in toll road rules

04/26/2007

Gary Scharrer, SAN ANTONIO EXPRESS-NEWS, Austin bureau

AUSTIN — A Senate transportation committee voted Thursday for sweeping legislation that addresses many of the concerns pushing a moratorium on privately built toll roads.

But Sen. Robert Nichols, R-Jacksonville, who is a former Texas Department of Transportation commissioner and architect of the proposed two-year moratorium, opposed Senate Bill 1929. He declined to explain his opposition.

"My suspicion is that he believes the best approach is to study the issue for the next two years and then develop a comprehensive plan. What we need is less study and more action right now, otherwise we continue to go further in the hole," said Senate Transportation and Homeland Security Chair John Carona, R-Dallas, who is author of Senate Bill 1929.

His plan would shorten the contracts for private company toll roads to 40 years instead of 50-70 years as currently structured. The measure also would allow the state to buy back toll roads for a price determined by a company's return on investment instead of future revenue considerations that would be more costly. And the bill also eliminates non-compete provisions.

"The state can build a roadway anywhere it chooses where a public-private (toll) highway might be located," Carona said. "But if we do so within a 4-mile range of the (toll) roadway, then we have to take into consideration economics and could owe some amount of money back to the private partner."

His bill also addresses some objections to the Trans Texas Corridor by requiring public disclosure and local participation in planning.

Carona expects the full Senate to take up his bill next week. Although the legislative session ends May 28, Carona said there is ample time to pass his measure, but whether lawmakers are willing is another question.