Author: Terri Hall

Glossary of Toll Terms

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The Language of Traffic The ability to understand the Language of Traffic is necessary for those who wish to engage in rigorous, productive discussions of transportation impacts and policies. For purposes of this article, the Language of Traffic is the terms and definitions that transportation professionals use to analyze, project and describe traffic. At times, this technical terminology can seem like a totally different language. Read more…

CDA – Comprehensive Development Agreement, public –private partnerships that amount to selling ownership of our public assets to private, even foreign, companies for up to 50 years (perhaps longer based on news reports). Private companies negotiate for the control of toll rates and the non-toll lanes(to slow speed limits or increase time at traffic signals) to ensure they make enough profit from the toll roads. It isn’t enough for these highway interests to just bid to build the roads, now they want to control them and exclusively profit off of the taxpayers for up to 50 years per contract WITHOUT COMPETITION!

Cintra – A Spanish-based consortium who was awarded the first leg of the Trans Texas Corridor that parallels I-35 and the bid to build the San Antonio toll starter system on 281 and Loop 1604. Partners with Zachry. Cintra recently purchased a Houston-based construction company, Webber Group, in order to appear more “American” for future highway bids.

Macquarie – Bidder on San Antonio toll starter system and 121 in Collin/Denton Counties. They are partners with Cintra on the Ontario Toll Project disaster up in Canada. Read about their standard operating procedures using secret public-private partnerships like Cintra to gain a monopoly on our public highways for up to 99 years here.

MPO – Metropolitan Planning Organization – established by the federal government to guide where federal gas tax dollars get allocated locally. The Federal Transportation Act for the 21st Century (TEA-21) and its predecessor [Intermodal Surface Transportation Efficiency Act (ISTEA)], established the Metropolitan Planning Organization (MPO) for San Antonio-Bexar County. TEA-21 states that the MPO should have local elected officials, representatives of major transit authorities, airports, rail and ports and appropriate state officials.

Pass Through Financing – Also known as shadow tolling in the toll road industry. A local entity, like a city and/or county, pays for the road project and the Department of Transportation pays the local entities back based on the number of cars that “pass through” equipment which counts the number of cars (basically like tolling). The problem with this approach is that local gvernment has to use its tax money, like property tax, to pay for improvements to STATE highways. We already pay numerous fees for highways, not the least of which is the gas tax. This is another way the State is abdicating its role and responsibility to build and maintain our State highways.

Prop 15 – Mobility Fund/Toll Equity Act of 2001 that appeared on the November 6, 2001 ballot: “The constitutional amendment creating the Texas Mobility Fund and authorizing grants and loans of money and issuance of obligations for financing the construction, reconstruction, acquisition, operation, and expansion of state highways, turnpikes, toll roads, toll bridges, and other mobility projects.” The voters passed this with 67% of the vote, and it was sold to them as allowing TxDOT to borrow future gas tax revenues in order to speed up highway projects (versus simply pay as you go funding). Nowhere is a toll only mandate mentioned in that proposition.

Prop 1- PASSED Nov 8, 2005 – Prop 1 passed on November 8. We need to be alert and watching the Legislature for selling bonds to subsidize profitable private rail companies at our expense. The Prop 1 rail fund was the same voter trick as Prop 15 from 2001, except this time it’s about the public subsidizing rail.__Prop 1 allows an open ended corporate subsidy. Taxpayers will pay unlimited tax dollars to move private corporation rail lines into the Trans Texas Corridor after Gov. Perry promised no public funds would be used.__The state DEBT commitment would also be open-ended, with no limit on the amount of state bonds that could be issued from this new fund. By amending the Constitution to authorize the creation of this fund, the state will commit itself to massive debt for generations. Private corporations will profit from this taxpayer giveaway that help the controversial Trans Texas Corridor move forward. See TxDOT’s own admission that their rail plan includes the Trans Texas Corridor (see page 3 of actual document, page 7 of PDF).The railroad industry no longer is state-regulated, and state government should not involve itself in that industry’s investment decisions.__The ballot language does not advise the voter of the that it’s a special interest fund that the taxpayer pays for and private corporations profit from. It is a blank check and unlimited debt. We’ll be monitoring this in the Legislature!

Prop 9 – DEFEATED on Nov 8 ballot – Proposition 9 would have allowed unelected, unaccountable Tolling Authority board members to have extended term limits. Current 2 year term limits would have expanded to 6 years for Regional Mobility Authorities. These appointed people are allowed to privatize and toll our freeways – they will set the toll rates for roads we’ve already paid for.__A two-year term of office requires more frequent assessments of the board members job performance. Six-year terms are not necessary to carry out the functions of the authority since the staff or employees of an authority would do so regardless of the length of the directors’ terms.__Comptroller of Texas has reported the RMAs create “Double taxation without accountability”, and that the RMA’s loose management practices cost all Texans more. NOT surprisingly, Comptroller also found favoritism and self-enrichment as board members gave contracts (without bids) to their friends and their own companies. RMA boards will now be required to abide by the standard provided in the Constitution that limits the terms of members of such boards to two years.

RMA – Regional Mobility Authorities, unelected mini-TxDOT’s established by the Legislature in HB 3588. Each county commissioner appoints one member, the county judge appoints 3 members, and the Governor appoints the Chair. The essentially manage toll projects, collect tolls, and arrange for the sale of bonds for road projects.

HB 3588 passed in the 2003 legislative session – Law that established the Trans Texas Corridor, proliferation of toll roads, RMAs, and the transfer of highway funds from the general revenue fund into a mobility fund that TxDOT can allocate at will for useless things like “reviewing” a private contract (or CDA) for a year. The Alamo RMA took advantage of these funds to do just that to the tune of $1 million! So much for tolls speeding up highway projects!

HB 2702 Omnibus Highway Bill from 2005 legislative session – Elected officials hide behind this saying, “it prohibits the conversion of existing highways into tollways without a vote of the people.” But it has so many loopholes, it’s useless against highway robbery, and, in fact, empowers the Transportation Commission with sole discretion over converting existing highways into tollways.

SB 792 Private Toll Moratorium Bill/Replaces traditional turnpikes with “market valuation” – A SELL OUT!
SB 792 began as a county powers bill allowing local tolling entities to have primacy on all toll projects (taking the reins from TxDOT). It was then used as a vehicle to move a private toll moratorium past the House Transportation Committee whose Chairman bottled-up the moratorium bill. The Governor vetoed the PEOPLE’S moratorium bill, HB 1892, and instead got enough senators to “cave” to move a “compromise” bill using SB 792. Not only did the bill severely gut the moratorium allowing too many exceptions, it slipped in “market valuation” which never even had a public debate.

This never before heard of approach to tolling will change the face of our public highway system into an oppressively high, unbridled new toll tax system segregating those who cannot afford tolls from the efficient travel they enjoy today. Market-based tolls through our PUBLIC tolling entities gives government and bond buyers the pot of money and taking out what they view as the greatest obstacle, the foreign management of our public assets. By allowing the public toll entities to, in effect, do the same kind of financing as the private partner AND keep the pot of money, this new shift to market-based tolls will be difficult to strip away from tax and spend governments.

UNLEASHING “MARKET-BASED” TOLL ROADS
SB 792 passed by the Texas Legislature in 2007 replaced ALL traditional turnpikes and unleashed the highest possible tolls under a new model called, “market valuation.” Market values cannot be applied ot a monopoly, so the term on its face is misleading. Nonetheless, the Governor and Legislature figured out a way to apply the same controversial financing to PUBLIC tolling entities as is used in a private equity model; it’s called “market-based” tolls. The law requires ALL toll projects to undergo an “independent” third party appraisal (by a Goldman Sachs, for instance) to determine the “market value” of a proposed tollway, then have the toll authority float bonds for that pre-determined up front fee (just like the concession fees in private equity deals), and lastly, the tolling entity will charge a toll rate that is no longer based on what it costs to actually build the road, but on “whatever the market will bear.”

This means the highest possible taxation and, essentially, toll rates without limit. We’re already seeing toll rates as high as $1.50 a mile on 183 in Austin! So, in effect, we’ll be charged the same oppressively high tolls as if a company like Cintra were doing it! Surely this unbridled taxation will become a model nationwide. Read more here.

Zachry American Infrastructure – San Antonio-based construction company who was awarded the first leg of the Trans Texas Corridor that parallels I-35 and the bid to build the San Antonio toll starter system on 281 and Loop 1604. Partners with Cintra.

Portion of HB 2702 that addresses converting existing highways into toll roads –
SECTION 2.36. Chapter 228, Transportation Code, is amended
by adding Subchapter E to read as follows: SUBCHAPTER E. LIMITATION ON TOLL FACILITY DETERMINATION;
CONVERSION OF NONTOLLED STATE HIGHWAY Sec. 228.201. LIMITATION ON TOLL FACILITY DESIGNATION.
Except as provided by Section 228.2015, the department may not
operate a nontolled state highway or a segment of a nontolled state
highway as a toll project, and may not transfer a highway or segment
to another entity for operation as a toll project, unless: (1) the commission by order designated the highway or
segment as a toll project before the contract to construct the
highway or segment was awarded; (2) the highway or segment was open to traffic as a
turnpike project on or before September 1, 2005; (3) the project was designated as a toll project in a
plan or program of a metropolitan planning organization on or
before September 1, 2005; (4) the highway or segment is reconstructed so that
the number of nontolled lanes on the highway or segment is greater
than or equal to the number in existence before the reconstruction; (5) a facility is constructed adjacent to the highway
or segment so that the number of nontolled lanes on the converted
highway or segment and the adjacent facility together is greater
than or equal to the number in existence on the converted highway or
segment before the conversion; or (6) the commission converts the highway or segment to
a toll facility by: (A) making the determination required by Section
228.202; (B) conducting the hearing required by Section
228.203; and (C) obtaining county and voter approval as
required by Sections 228.207 and 228.208. Sec. 228.2015. LIMITATION TRANSITION. (a) Notwithstanding
Section 228.201, the department may operate a nontolled state
highway or a segment of a nontolled state highway as a toll project
if: (1) a construction contract was awarded for the
highway or segment before September 1, 2005; (2) the highway or segment had not at any time before
September 1, 2005, been open to traffic; and (3) the commission designated the highway or segment
as a toll project before the earlier of: (A) the date the highway or segment is opened to
traffic; or (B) September 1, 2005. (b) This section expires September 1, 2006. SECTION 2.37. Section 362.0041, Transportation Code, is
transferred to Subchapter E, Chapter 228, Transportation Code,
redesignated as Sections 228.202-228.208, and amended to read as
follows:
Sec. 228.202 [362.0041 ]. COMMISSION DETERMINATION [CONVERSION OF PROJECTS ]. The [(a) Except as provided in
Subsections (d) and (g), the ] commission may by order convert a nontolled state highway or a segment of a nontolled state highway [the free state highway system ] to a toll project [facility ] if it
determines that the conversion will improve overall mobility in the
region or is the most feasible and economic means to accomplish
necessary expansion, improvements, or extensions to that segment of
the state highway system. Sec. 228.203. PUBLIC HEARING. [(b) ] Prior to converting a state highway or a segment of a[the ] state highway [ system ] under
this subchapter [section ], the commission shall conduct a public
hearing for the purpose of receiving comments from interested
persons concerning the proposed conversion [transfer ]. Notice of
the hearing shall be published in the Texas Register, one or more
newspapers of general circulation, and a newspaper, if any,
published in the county or counties in which the involved highway is
located. Sec. 228.204. RULES. [(c) ] The commission shall adopt
rules implementing this subchapter [section ], including criteria
and guidelines for the approval of a conversion of a highway. Sec. 228.205. QUEEN ISABELLA CAUSEWAY. [(d) ] The
commission may not convert the Queen Isabella Causeway in Cameron
County to a toll project [facility ]. Sec. 228.206. TOLL REVENUE. [(e) Subchapter G, Chapter
361, applies to a highway converted to a toll facility under this
section. [(f) ] Toll revenue collected under this section:
(1) shall be deposited in the state highway fund;
(2) may be used by the department to finance the
improvement, extension, expansion, or operation of the converted
segment of highway and may not be collected except for those
purposes; and
(3) is exempt from the application of Section 403.095,
Government Code. Sec. 228.207. COUNTY AND VOTER APPROVAL. [(g) ] The
commission may only convert a state highway or a segment of a[the ]
state highway [ system ] under this subchapter [section ] if the
conversion is approved by : (1) the commissioners court of each county within
which the highway or segment is located ; and (2) the qualified voters who vote in an election under
Section 228.208 and who reside in the limits of: (A) a county if any part of the highway or segment
to be converted is located in an unincorporated area of the county;
or (B) a municipality in which the highway or
segment to be converted is wholly located .Sec. 228.208. ELECTION TO APPROVE CONVERSION. (a) If
notified by the department of the proposed conversion of a highway
or segment under this subchapter, and after approval of the
conversion by the appropriate commissioners courts as required by
Section 228.207(1), the commissioners court of each county
described by Section 228.207(2)(A) or the governing body of a
municipality described by Section 228.207(2)(B), as applicable,
shall call an election for the approval or disapproval of the
conversion. (b) If a county or municipality orders an election, the
county or municipality shall publish notice of the election in a
newspaper of general circulation published in the county or
municipality at least once each week for three consecutive weeks,
with the first publication occurring at least 21 days before the
date of the election. (c) An order or resolution ordering an election and the
election notice required by Subsection (b) must show, in addition
to the requirements of the Election Code, the location of each
polling place and the hours that the polls will be open. (d) The proposition submitted in the election must
distinctly state the highway or segment proposed to be converted
and the limits of that highway or segment. (e) At an election ordered under this section, the ballots
shall be printed to permit voting for or against the proposition:
“The conversion of (highway) from (beginning location) to (ending
location) to a toll project.” (f) A proposed conversion is approved only if it is approved
by a majority of the votes cast. (g) A notice of the election and a certified copy of the
order canvassing the election results shall be sent to the
commission.

TOLL PARTY FILES LAWSUIT AGAINST PERRY, TxDOT, and MPOs!

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FOR IMMEDIATE RELEASE

GOV. PERRY LACKS AUTHORITY TO COMPLETE HIS UNLAWFUL PLAN TO PRIVATIZE AND TOLL PUBLIC HIGHWAYS!

Austin, TX. — People for Efficient Transportation, Inc. filed a lawsuit today in the District Court of Travis County, on behalf of taxpayers throughout Texas against Governor Rick Perry. The lawsuit takes Gov. Perry to task, as the state’s Chief Planning Officer, for allowing unlawful Metropolitan Planning Organizations (MPOs) to allocate federal dollars, which includes allocating funds for Perry’s plan to privatize and toll our tax funded Texas public highways.

NO AUTHORITY TO ALLOCATE FEDERAL FUNDS
Governor Perry has mandated that MPOs shift our public freeways into tollways across the state; however, MPOs simply have no authority whatsoever to dispense funds for such an unpopular and unconstitutional scheme. That includes allocating tax dollars to Gov. Perry’s unelected, unaccountable Regional Mobility Authoritys (RMAs) which will set the toll rates for our already tax funded public highways! It’s important to note that public highways have never been shifted to tollways in the history of our country.

TEXAS CONSTITUTION VIOLATED
Capital Area Metropolitan Planning Organization (CAMPO – www.campotexas.org) and San Antonio Metropolitan Planning Organization (SAMPO – www.sametroplan.org) are also named in the suit as two of the many MPO boards in Texas are violating the Texas constitution. The constitution clearly states there must be a “separation of powers between the legislative and executive branch”, however, the MPOs have legislators, yes, State Representatives and Senators, serving on these administrative boards.

The first leg of Rick Perry’s Trans Texas Corridor, a 4,000 mile plan of supertollways, was approved by Capital Area MPO in 2000 without the MPO having one statute that allowed it to allocate tax dollars to the 130 Corridor just east of Austin.

DOUBLE TAX WITHOUT AUTHORITY
“The Governor has no clothes.” said PET officer and founder Sal Costello, “At this moment, a Texas law simply does not exist to allow Rick Perry to complete his plan of converting our public highways to tollways.”

Costello added, “Rick Perry’s Double Tax tolling scheme takes existing public highway projects that are fully funded with gas tax dollars, some on the verge of completion, and turns them into toll roads at the last minute. It’s a double tax. It’s morally and ethically wrong. The Governor is being deceptive when he tells the public that he won’t toll existing highways. This deception allows billions of dollars worth of taxpayer-funded roads, and right of way in Texas to be shifted to toll roads, to hold Texas families hostage to pay a toll to drive to work, school or shop. On top of that, he’s doing it without following Texas law.”

Sal Costello continued, “Gov. Perry calls his scheme to toll our already tax funded roads ‘innovative financing’. We call it Highway Robbery!”

MPOs such as CAMPO represent a hodge podge of board members. With State Representatives and Senators serving unconstitutionally on these MPO boards, State Representative Terry Keel has stated there is “an inherent conflict of interest.”

A GOOD GOVERNMENT SOLUTION
Backed by outraged taxpayers throughout the state, PET Inc. is suggesting a good government solution to the current dysfunctional and unconstitutional MPOs: 1) Dismantle the current unconstitutional MPOs. 2) Replace the current MPOs (http://www.dot.state.tx.us/tpp/mpo/map.htm) with legal entities composed of seven-member boards serving two year terms. Texas citizens should elect five “at large” seats, the Governor appoints one member, and the local transit organization appoints the seventh member of each regional board.

The Governor is coming under fire from some members of the press who see his scheme as bad for Texas. Rick Perry’s “innovative financing” made Texas Monthly’s “Top 10 ways to Fix Texas.” The article includes “Stop the toll road menace” at the #2 position. It states, “Turning planned freeways-that’s freeways-into toll roads in urban areas and holding commuters hostage is downright un-American and un-Texan.,” Texas Monthly, 8/05.

People for Efficient Transportation, Inc, is a nonpartisan grassroots watchdog organization seeking efficient transportation solutions, good government and accountability. PET is not opposed to traditional toll roads that are designed and built as whole new highways that complement free expressways. Traditional tollways are primarily funded with investor dollars. In contrast, “freeway tolls” are funded with tax dollars to create a revenue-generating machine that does not solve traffic congestion. Freeway tolls shift public highways to tollways and hold drivers hostage to pay a fee to drive to work, school or play.

People for Efficient Transportation, Inc. is represented in this suit by the Texas Legal Foundation and its President and General Counsel, former Texas Supreme Court Justice Steve Smith.

It’s clear where the Perry administration stands on toll roads. The Governor and his appointees want to turn a great many of our highways into tollways. Consider this quote from Ric Williamson who was appointed by Rick Perry to govern TXDOT: “In your lifetime, most existing roads will have tolls.”

Contact: Sal Costello, Founder of PET Inc.
Tel: 512/371-9926
Email: imacsal@aol.com

People for Efficient Transportation, Inc.
9901 PO Box 90715
Austin, TX 78709-0715

END

—————————————

Texas Legal Foundation
710 West Avenue
Austin, Texas 78701

10/05/05

FOR IMMEDIATE RELEASE

The Texas Legal Foundation (“TLF”) today filed suit on behalf of People for Efficient Transportation, Inc. against Governor Rick Perry, the Texas Department of Transportation, Capitol Area Metropolitan Transportation Organization (“CAMPO”) (www.campotexas.org) , and the San Antonio-Bexar County Metropolitan Transportation Organization (“SAMPO”) (www.sametroplan.org).

Former Texas Supreme Court Justice Steven W. Smith, who is TLF’s president & general counsel, said: “The purpose of the lawsuit is to make these local public entities more accountable to the voters.”

David Rogers, TLF’s policy director, said: “This lawsuit is exactly what the Texas Legal Foundation was chartered to do. A supermajority of Texans oppose tolls on taxpayer-funded highways, and want government to be accountable for toll decisions, but those desires have been ignored by government.”

Smith added: “Even though polls show that more than 80% of central Texans oppose the governor’s toll-tax plan, CAMPO and SAMPO have repeatedly chosen to endorse that fundamentally flawed plan.”

In the suit, People for Efficient Transportation, the plaintiff, makes the following legal allegations: (1) Neither the governor nor the Texas Department of Transportation has authority under Texas law to create special districts like CAMPO and SAMPO; (2) Legislators serving on the CAMPO and SAMPO boards violate the separation of powers provision of the Texas Constitution; and (3) neither CAMPO nor SAMPO have authority under Texas law to appropriate the tens of millions of dollars they spend each year.

The plaintiff does not request injunctive relief at this time, but expects that the Legislature will respond to a declaratory judgment in the plaintiff’s favor by adopting, in a timely manner, legislation that properly authorizes CAMPO and SAMPO. The plaintiff, TLF and others will pressure the Legislature to pass legislation that, in addition to fixing the constitutional flaws raised in the suit, makes those entities more accountable to the Texans they serve.

The Texas Legal Foundation is a nonprofit corporation chartered to advocate “conservative public policy positions that are held by a majority of Texas citizens but that have not been implemented by the government.”

END

SA Citizens "This Road Was Already Funded" Flyer Distribution Kick-off!

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The front and back of “GRIDLOCK” flyer that the SA Texas Toll Party volunteers are handing out at US 281 to inform drivers that the road was already funded with tax dollars. Read the front page coverage. This citizen action takes place after TxDOT distributed “How much will you pay” toll surveys for gridlock afflicted drivers. Read about TxDOT’s efforts, they were apparently ready for double tax toll rage, as they handed out questionnaires at the intersection of an already funded highway. See pictures of one of OUR enthusiastic crews at work below. Also below, read our press release about the double tax tolls.

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FOR IMMEDIATE RELEASE

GRASSROOTS VOLUNTEER BLITZ COUNTERS TXDOT
“IT’S TOLLS OR NO IMPROVEMENTS” CAMPAIGN

San Antonio, TX, September 27, 2005 – TexasTollParty.com is set to launch a PR blitz of its own to counter survey distribution by TxDOT asking people what they’re willing to pay for tolls.

WHO: Grassroots citizens through the Texas Toll Party.com
WHAT: Flier distribution blitz during rush hour traffic on 281
WHEN: Wednesday, September 28 @ 8:00 AM!
WHERE: US 281 at Evans Rd.
WHY: To give motorists the facts about TxDOT’s toll plan.

“What most folks don’t know is that they don’t need to pay tolls at all!” says Terri Hall, Director of the San Antonio Texas Toll Party.

“TxDOT has a FUNDED plan for the major improvements to US 281 north of Loop 1604, and it should already be under construction. But TxDOT threw that plan in the trashbin in order make us pay a toll to drive on a freeway we’ve already paid for and for improvements we’ve already paid for. We know and trust the taxpayers to get informed on this subject, and that once people are aware of the facts, they’ll help us work to fight this outrageous misuse of taxpayer money,” Hall remarks.

TxDOT has been failing to tell the public this key information and framing the debate as tolls or we get no improvements. When they’re taking EVERY freeway main lane on US 281 and leaving only frontage road as the free lanes, they ARE forcing people to pay a toll as well as converting an existing highway that’s already paid for into a tollway at a cost of nearly $2,000 a year for the average family (more if the toll rates are $.44-1.00 a mile like it was revealed in an independent review up in Austin).

The State’s gas tax revenue has increased steadily for the last 20 years. The Texas Department of Transportation (TxDOT) is big business. In fiscal year 2004, it took in $6.1 billion in taxes and fees. If it were a private corporation, it would rank 304th in the Fortune 500, ahead of companies like Southwest Airlines ($5.9B), Monsanto ($4.9B), and Starbucks ($4.1B). Unlike a private corporation which depends on attracting customers, TxDOT is a governmental monopoly without competition. “Last I checked, we pay gas tax and continue to pay gas tax every day. TxDOT takes in $6.1 billion a year.

If we can’t get our needed improvements with that kind of money when our federal interstate and our major state highway infrastructure is already built, then it’s our government who has a spending problem, rather than it being a problem of us being taxed too little,” Hall believes. “These guys are masters at making it appear as though the well has run dry, but the facts speak otherwise.” Many of these toll projects are already funded improvements; hence, there’s no need to toll them. Also, San Antonio sends away $100 million more EVERY YEAR in gas taxes than we receive back. That’s the exact dollar figure TxDOT says we’re in the negative every year.

“It’s not rocket science. Our legislators need to be getting the money we’re already taxed back in San Antonio before they suffocate us with a lifetime of tolls,” Hall declares, “especially when it costs more to build and maintain toll roads than to build them as free roads. This is whole thing smacks of fiscal mismanagement. Why on earth would we spend more to build toll roads only a few can use versus build them as free roads at less cost that EVERYONE can use?”

Tolls are a sloppy tax where most of the money goes into collecting the tolls, and in this case when using a public-private agreement (known as CDA agreement), goes to line the pockets of a private corporation for up to 50 years.

Contact: Terri Hall, Director of San Antonio Branch of the Texas Toll Party
EMAIL: terrih@gvtc.com
WEB: http://www.TexasTollParty.com

Remember Who Voted to Toll You!

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With upcoming elections, let’s remember who the bad guys are. TxDOT is just following orders. It’s the Governor, Legislature, County Commissioners (who petitioned to start the RMA tolling authority), and MPO who brought us toll proliferation WITHOUT A VOTE OF THE PEOPLE. So to make it perfectly clear who the good guys and bad guys are, here’s the list:

Bad Guys
It starts at the top…

  • Governor Rick Perry

ALL STATE SENATORS and ALL but 19 STATE REPRESENTATIVES voted for massive toll tax increases (SB 792)!

Read more about this vote for the highest possible tolls by your State Representatives here.

The few GOOD GUYS in the TEXAS HOUSE who voted AGAINST SB 792 in the 80th Legislature are:

Nathan Macias (lead the charge)
David Leibowitz
Lon Burnam
Joaquin Castro
Garnet Coleman
Joe Farias
Jessica Farrar
Stephen Frost
Ana Hernandez
Jodie Laubenberg
Trey Martinez Fischer
Ruth McClendon
Sid Miller
Ken Paxton
Robert Puente
Joe Straus
Senfronia Thompson
Marc Veasey
Mike Villarreal
Notably absent from this list is San Antonio Representative Frank Corte whose district is under a FULL toll assault on both Hwy 281 and Loop 1604!

The San Antonio Metropolitan Planning Organization (MPO)

On December 3, 2007, the MPO voted to approve the toll rates for the conversion of a FREEway into a tollway (on US 281) and to use an additional $112 million in ($325 million total) Texas Mobility Funds to toll 281 & 1604 (when they could use those funds to keep them FREEways)! Read more about it here.

MPO members who voted to increase your taxes on driving
Sheila McNeil,
Councilwoman, Dist. 2, called northsiders “those people” who can afford the tolls while taking thousands in campaign contributions from pro-toll interests like Zachry and Red McCombs
Diane Cibrian,
Councilwoman, Dist. 8, campaigned on lowering taxes but just voted FOR the largest tax increase in TX history! Today is the first day we enlist Jacob Dell to take her seat! Better yet, a RECALL!
Jack Leonhardt,
Windcrest Mayor, said he received 5,000 emails FOR and only a few hundred against (we confirmed that over 1,200 emails AGAINST were sent using our email alias)…so he lied!
Chico Rodriguez,
Bexar County Commissioner who has an opponent in the primary in March
William Weeper,
Claimed he received more emails in favor of tolls and was compelled to “do what the people want” and vote FOR a TAX INCREASE!
Joe Aceves,
county employee who did what pro-toll Judge Wolff told him to do even though 2 of the 3 commissioners on the MPO voted AGAINST and the county has twice passed a resolution AGAINST tolling existing freeways (which are smoke & mirrors and worthless apparently)
Two TxDOT votes (David Casteel & Clay Smith, one of the TxDOT employees seen walking into the Oct. 19 Valero meeting where the highway lobby strategized on how to win approval of the toll roads at today’s mtg)
Two Via Votes (Ruby Perez, who’s also chummy with Sheila McNeil, and Hank Brummet, who previously voted WITH us when he was on the MPO years ago…guess that proposed Park & Ride at Marshall Rd. was enough to co-opt them into voting FOR more highways against their own stated mission of mass transit)
Two City employees (one, Mark Webb, is the boss of a Via Board member Ruby Perez, and Jelynne Burley is the other)

The few heroic GOOD GUYS
Commissioner Tommy Adkisson (wait till you see his impassioned speech when we get it on YouTube, a true advocate of mass transit and simple solutions like contraflow lanes, etc.)
Commissioner Lyle Larson (noted the Legislature is just as guilty for raiding gas taxes)
Rep. David Leibowitz (he’s a fabulous litigator and got the RMA to admit to a non-compete and to tolling existing roads)
Senator Carlos Uresti (poked holes in the RMA’s numbers, logic, determined their plan doesn’t achieve congestion relief AT ALL for those who cannot afford tolls)

Tolling Authority Failed to Do the RIGHT Thing

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Below you’ll see my comments to the RMA today. We had several other eloquent speakers who stated the facts and gave it their all to appeal to what’s good, and true, and right in these appointees. However, once again, the people called to serve the public interest failed to step-up and do the right thing. The Alamo Regional Mobility Authority (ARMA), with the willing acquiescence of the Governor, Legislature, and most of local government as well, made it clear they will NOT stand in the way of TxDOT converting an existing highway into a tollway.

In fact, their General Counsel, David Cassidy, actually interpreted the statute HB 2702 as saying as long as the improvements have as many non-toll lanes as exist today, it’s not considered a conversion. His emphasis was number of lanes not the nature or function of those lanes. In other words, never mind that the non-toll lane will now be a frontage road instead of a highway, TxDOT can tear up an existing highway, lay new asphault down, slap a toll on a paid for “free”way, and get away with it. If they can do it on US 281, they can do it on ANY existing highway. Just like Governor-appointed Chair of the Transportation Commission, Ric Williamson, said in October of 2004, “In your lifetime, most EXISTING roads will have tolls.”

TxDOT’s own study conducted by UT Austin states that an overwhelming consensus of Texans, over 70%, are against the tolling of existing roads (even higher in San Antonio), and a majority don’t like them in general either.

Yet TxDOT marches on with impunity! The MPO could have reigned them in, the RMA could have reigned them in, the Bexar County Commissioners, the City Council, the Legislature, and yes, the Governor can reign them in….but onward they march. The reason? As stated below, the reason is courageous leaders are hard to find. We have a few, and Bexar County Commissioner Tommy Adkisson is one of them. Be sure to call (210) 335-2614 or write him an email tadkisson@bexar.org to thank him for his continuing efforts to defend the people from a corporate oligarchy! We need to be just as good at thanking and supporting the good guys as we are at admonsishing the bad guys!

Also, the Alamo RMA is desperate for more permanent funding. You’ll be glad to know that they’re asking for $1 million to “review” the private bids for the next year. Though the Board is volunteer, their consultants and analysts will get paid a hefty sum of taxpayer money from the Toll Equity Fund to “review” and give their opinions on the details of the contract the public will pay for but not be allowed to see! Then, they slipped in a little noticed statement that they NEED a public information person. Note below that an advertising and marketing firm was in attendance. Expect them to spend some of that $1 million on waging a public information campaign to combat our media efforts. Talk this up on talk radio, folks….the war is about to begin!

Bob Thompson, Commissioner Lyle Larson’s appointee, actually had the audacity to try to defend the RMA by saying they had considered every other alternative plan and financing. Hah! What about TxDOT’s own already funded plan for the critical stretch of US 281 that’s less invasive, cheaper, and more efficient? Contact Commissioner Larson lylelarson@bexar.org if you take issue with Mr. Thompson’s assessment.

In case you’re wondering what I wondered, the contract to build 281 has already been let and awarded to Cintra-Zachry, but is under a traditional contract in TxDOT’s control for now in order to slap tolls on there without delay. BUT TxDOT plans to hand over that cash cow stretch of 281 to Cintra-Zachry once the final “procurement process” is completed (in other words, once the terms of the final private bid “CDA” contract is signed, it’ll privatize our public roadways handing control over to a private company for up to 50 years).

Here’s some of the names of special interests who attended the RMA meeting today:
Estrada Hinojosa (Financial services)
Parsons Brinkerhoff (Engineering firm)
RJ Rivera Associates (Engineering & Transportation Consulting firm)
Taylor West (Advertising Firm)
Citigroup (Financial services)
HNTB (Engineering firm)
AG Edwards (Lisa Vanderbeek)

TOLL PARTY RMA MEETING STATEMENT

Thank you, Mr. Chairman, for allowing me to speak before you today.

Mr. Chairman, and Members of the Board, I am here representing the Texas Toll Party and the grassroots citizens opposed to this toll plan.

At the last meeting, Mr. Diaz promised he would not approve a contract converting an existing highway into a tollway. I believe other Board members chimed in to agree. Well, here we are, at a crossroads for this Board, for Bexar County, and even our country. The Bexar County Commissioners have not once but twice resolved that NO EXISTING roads be tolled. Clearly, there is a legal question here that must be resolved.

Your legal counsel and whoever represents the Transportation Commission will try to argue the semantics and state their plans for 281 and Loop 1604 do not violate the law. But the people you represent know TxDOT is taking the existing 4-6 lanes of “free”way that exists today and are converting it to a tollway on US 281. On Loop 1604, they’re taking existing right of way purchased with our hard earned tax dollars and are converting it into toll lanes. No matter how the pavement is re-arranged, the PEOPLE know this violates the law.

We label roads by their function for a reason. Frontage road is not equivalent to a highway. TxDOT will say that when they’re done bulldozing a perfectly good highway that the non-toll frontage lanes are equivalent to what we drive on today citing average speed in rush hour. But what we have today is unacceptable congestion caused by traffic lights in the middle of a highway. Our solution is overpasses at the lights (TxDOT knows it because their own already funded plan will solve it). Their new solution is to make that congestion permanent by changing what we drive on today to frontage roads with permanent traffic lights and reduced speed limits. Frontage roads serve a different function than highways. I can and do drive 60 MPH between those traffic signals on US 281 today. If you allow TxDOT to toll existing roads based on average speeds during rush hour, then almost every freeway in the country would qualify. Today, we have 4-6 lanes of non-toll FREEWAY main lanes, when they’re done, we’ll have NOT ONE non-toll main lane as we have today!

Can you seriously sit there and expect the PEOPLE to allow you to trample on the rule of law? Frankly, the PEOPLE have grown tired of the bending and twisting of the plain meaning of words to manipulate the law for self-interest, or in this case, corporate interest. We’ve seen it all before with the likes of Enron and WorldCom, and even in the White House, “like it all depends on what the definition of is, is.”

Those who stand against the public interest, who threaten to permanently open the floodgate to threaten our freedom of mobility, our way of life in Texas and around this country, must be stopped, and this momentous decision lies at your feet. The tolling of existing, paid for, freeways has NEVER, I repeat, NEVER been done in the history of our country. The voters by LAW are supposed to have a vote on this enormous decision to turn our highways from an efficient means of travel everyone can drive on into tollways only the few can afford and that largely sit idle outside of rush hour. TxDOT’s own study conducted by UT Austin states that there is OVERWHELMING consensus, over 70% of the people, against tolling existing roads. So why are they marching ahead with impunity? Because courageous civic leaders willing to stand up to outside interests are hard to come by, leaving the voters no choice but to take their plight into court to settle what is a clear violation of the law and a usurpation of the public interest. The people have spoken, and TxDOT is fully aware of the opposition to this, but they continue to trample our rights and sell us out by handing over our public highways to the lowest bidder.

Why add new capacity we can’t all use? Studies show highways with tolls only create permanent, unbearable congestion on surrounding lanes and surface streets. This doesn’t bring us congestion relief, which is the purpose of adding new capacity. Can THE VOTERS levy a tax on TxDOT for a congestion index since they’re so bent on charging us a toll to drive on freeways we’ve already paid for?

TxDOT’s own original plan was funded through March of 2005 and this solution can be implemented in less time, using less money, with less construction time, and less development over the aquifer. Federal court precedent through NEPA, requires that you and TxDOT consider EVERY alternative. But clearly this alternative option is not being considered. It’s toll it or do nothing by TxDOT’s own admission. This is unacceptable and unlawful and the taxpayers WILL NOT allow this flagrant disregard of the law nor this malfeasance to stand.

Clearly there are multiple problems with converting US 281 into a tollway. It violates the conversion statute, fails to consider and implement a funded, viable, less invasive, more cost effective and efficient alternative plan, smacks of fiscal irresponsibility, double taxes the public for roadways already paid for, poses environmental and health risks, lacks efficiency (which is the goal of highway travel), is based on implausible assumptions, and its overall economic damage to the region has not been properly studied, accepted, or justified to the public or Bexar and Comal Counties whose property values and tax revenues stand to be adversely affected by a toll corridor.

You have fought for and rightly earned VETO power over these projects. Taxpayers have plenty of objections to this toll plan. You recall all too clearly what it feels like to have no say and no voice in a process that’s been corrupted by outside interests instead of following the rule of law and serving the public interest. You cannot let this stand. The voters have risen and we’re asking you to help us take back what is ours. This is about doing what’s right or doing what’s wrong. May we appeal to you, today, to do what is right by the people?

We’re asking you to call for an independent review of this toll plan and not to approve this contract until one is completed and these questions are settled in a way the taxpayers trust is objective and sound.

Posted in RMA

Bulverde City Council Opposes 281 Toll

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CALLS FOR IMMEDIATE INDEPENDENT REVIEW

Last night, the Bulverde City Council unanimously passed a resolution to oppose the toll plans for US 281 and called for an immediate independent review! SCORRRRREEEEE! A huge thank you to Councilwoman Cindy Cross and Mayor Sarah Stevick who attended our very first meeting in Bulverde and have been a tremendous source of support for our cause ever since. Sixty-five percent of the citizens of Bulverde commute into Bexar County every day for work. Please thank the entire Council for their courage to defend the citizens of Bulverde from unnecessary double taxation and for calling for the review.

Mayor Sarah Stevick – sstevick@bulverdecity.com
Councilwoman Cindy Cross – ccross@bulverdecity.com
Councilwoman Robin Urbanovsky – rurbanovsky@bulverdecity.com
Councilman Sorbera – msorbera@bulverdecity.com

Or to contact them by phone: (830) 438-3612

TxDOT’s vision of Congestion Relief

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4 Lane Toll Road in Median of 8 Lane Freeway
Notice the congestion on the non-toll lanes. Does this look like congestion relief to you? TxDOT is planning to make our free lanes frontage roads with permanent stop lights and 30-45 MPH speed limits to boot! Tolling our roads isn’t about congestion relief, it’s about a new revenue stream for the state. It begs the question: Did the lottery end our public education woes? It’s pretty clear tolls won’t fix our congestion problems either.


Click for larger view
Typical Afternoon Peak on the Public turned Private then back to Public SR 91 Toll Road in Orange County, CA
$9.50 to drive 10 miles!
Source: Edward C. Sullivan, California Polytechnic State University, San Luis Obispo, CA

To see sample toll rates in CA…
www.91expresslanes.com.

Public Outcry Picks Up a Notch!

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There was great attendance at tonight’s TxDOT public hearing at Specht Elementary. For those who withstood the lengthy and very bureaucratic-speak remarks by TxDOT’s Julie Brown, they got their 3 minutes of comments. Questions will have to wait, however, because the public hearing process doesn’t allow for an exchange of ideas, the elites can’t bring themselves to answer the questions of us low-brow peasants. Rather, they pack the answers into their “environmental report,” heavy on government-speak.

Well, something woke-up the TV media tonight because all 3 of the big networks were there. TxDOT had their handful of “plants” as I call them, employees or spouses of employees or people who work for firms who TxDOT hires that marched over to the cameras to gleefully pontificate how glad they’ll be to pay tolls (leaving out the part that they’re consultants hired by TxDOT). I still have yet to meet an “Average Joe,” especially a single wage earner, who is so gleeful to pay infinite toll taxes on roads we’ve already paid for.

We passed out hundreds of fliers and we were bombarded by people exiting saying: “Thank you for what you’re doing” and “How do I sign-up?” Once again, the PEOPLE could steer clear of the TxDOT double-speak and misrepresentations to see where this train wreck is headed. Folks immediately made the connection that this was brought to us by our Legislature and the Governor and they’re out for blood!

Interestingly, our city councilmen whose new favorite pasttime is to dream up good excuses for their votes to stab their own constituents in the back, were “beaus of the ball,” so to speak, at last night’s Transportation Forum dinner with keynote, Governor-appointed Transportation Commission Chair Ric Williamson. Art Hall was MC, and Richard Perez clearly earned his seat of honor at the table with Williamson. Perez is the corporate insiders new poster boy for public official sell-outs. I’m sure he can feel good about that when he’s alone and looks at himself in the mirror. Who’s staring back at you, Mr Perez?

We got a great shot in the arm tonight and our grassroots efforts are headed to the next level. We have to organize and work together to defeat these select corporate interests vying to take over control of our public roadways. Unfortunately, the “establishment” elected leaders have all been entrenched and tainted for so long that it’s time to gear-up for the elections, too. It’s past time to CLEAN HOUSE!

TEXAS TOLL PARTY RALLY RATTLES A FEW SABERS!

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high·way·men – Men who hold up and rob travelers on a road

From all over the state, citizens opposed to TxDOT’s freeway tolls united under the banner of the Texas Toll Party for a rally outside what they dubbed “a good ol’ boy convention–a bona fide highwaymen kumbaya lovefest” at the annual Transportation Leadership Forum hosted by SAMCo (San Antonio Mobility Coalition).

It’s a perfect occasion for a grassroots protest. This convention symbolizes everything that’s wrong with our political system today. It’s been hijacked by corporate insiders who yield more influence over our government than the governed. Just look at the sponsor list: Zachry Construction who stands to profit from this toll plan, Loeffler Tuggey, LLP (Tim Tuggey sits on the Via Board and the two Via votes on the MPO were no-shows for the review vote), engineering firms, banks, you name it, all the highway interests are represented in this forum except the most important one: the public interest.

We had a small but fierce group of allies on hand to work the crowd: Bob Martin, President of the Homeowners Taxpayer Association, attorney and candidate for Attorney General David Van Os, Texas’ number one tax watchdog C.A. Stubbs, and Bexar County Commissioner Tommy Adkisson.

“I’m sick and tired of self-dealing, insider cliques stealing self-government from the people for their private enrichment. That’s the only thing this toll wreck plan represents,” says David Van Os, whose campaign is built on being the people’s advocate, not another arm of corporate cronyism.

Grassroots allies like Commissioner Tommy Adkisson renewed the call for an unbiased third party to scrutinize TxDOT’s toll plans, “Recognizing the need to act, an independent review of TXDOT’s Bexar County toll plans sensibly asks basic questions every thinking resident would want to have answered before it’s too late.”

C.A. Stubbs, agrees a thorough review is in order, “It is time to draw a line in the sand to stop the TxDOT Toll Road Campaign in its tracks, until a comprehensive Independent Review has been completed. Thereafter, open and compelling evidence must be presented in a revised plan that would be acceptable to all parties concerned.”

Comptroller and gubernatorial candidate Carole Keeton Strayhorn sent her support to the grassroots and she expressed her interest in investigating TxDOT’s financial dealings. But the Governor has stripped the performance review capabilities from the Comptroller and handed them over to the Legislative Budget Board (LBB). Texas Toll Party.com, with the Comptroller’s support, is calling for the LBB to get the ball rolling. We also call on State Auditor John Keel to investigate TxDOT’s misuse of funds, particularly on US 281 when TxDOT trashed their own viable and fully FUNDED improvement plan to turn around and charge a toll forever to drive on a road already paid for with taxpayer money! From top to bottom this toll scheme violates the principles of open government. Texans deserve genuine accountability and full disclosure.

There’s clearly a disconnect between the grassroots and the political elites of both parties. When the Governor sends out his Transportation Commission Chairman Ric Williamson saying things like, “In your lifetime most existing roads will have tolls,” it’s no wonder there’s wholesale, widespread opposition to Perry’s statewide toll mandate. When something as fundamental as our freedom of mobility is at stake, the taxpayers have a right to vote on their own self-determination. Not only are we being denied a vote, our limited public assets, like freeways, are being sold to private interests to control for profit. This is a dangerous trend that goes beyond tolls, it’s time to take our government back!

In the News…

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