Perry may remove Andrade, put "political hack" on commission

Link to article here.

We couldn’t agree with Senator John Carona more…we don’t need a political hack like Deirdre Delisi as Transportation Commissioner! We’d all be happy to see Interim Chair Hope Andrade get the boot, too. All she wants for San Antonio is higher transportation taxes, market-based tolls among them.

Perry’s decision could shake up highway board
Many are seeking Williamson’s spot; governor also may bump chairwoman
By PEGGY FIKAC
Houston Chronicle, Austin Bureau
Feb. 8, 2008
AUSTIN — Gov. Rick Perry’s former chief of staff, a big campaign donor and people active in North Texas transportation are among contenders for a spot on the powerful commission that oversees state highways.

There’s one vacancy on the five-member Texas Transportation Commission, left by the death of chairman Ric Williamson, but a Perry spokesman left open the possibility Friday that he could cause a bigger shake-up by deciding to replace Hope Andrade, of San Antonio.

The interim chairwoman, Andrade is the only commissioner from South Texas. Her term expired last year.

Andrade said the GOP governor has neither indicated he’ll replace her nor assured her that she’ll stay. Other commissioners are Ned Holmes, of Houston, Ted Houghton Jr., of El Paso and Fred Underwood, of Lubbock.

“I will do whatever the governor asks me to do,” said Andrade, who was appointed by Perry in late 2003. “Whether it’s one month, three months or one year, I’m going to do the best job I can to bring us all together to work on finding long-term solutions to our transportation funding challenges.”

Perry spokesman Robert Black said replacing Andrade is “within the governor’s purview” but “no decision has been made yet.”

Matter of geography?

Sen. Jeff Wentworth, R-San Antonio, said, “We hope to keep Hope Andrade on the commission. … She has been a hardworking, conscientious and able advocate for the needs, transportation-wise, of our part of the state. I think she deserves more time as a member.”Perry’s office made it clear that his former chief of staff, Deirdre Delisi, of Austin, is in the running despite reported concerns by Sen. John Carona, R-Dallas, chairman of the Senate Transportation and Homeland Security Committee.

Like other officials from the Dallas-Fort Worth area, Carona is pushing for an appointee who would give that region the geographic representation it lost with the death of Williamson, who was from Weatherford.

Among those being considered is former TXU chief executive and chairman Erle Nye, of Dallas, who has donated $203,000 to Perry since 2000 and would have to give up his seat on the Texas A&M University System Board of Regents to serve on the transportation panel. Black said contributions have no effect on appointments.

Looking for a post

Other applicants include former Fort Worth City Councilman Bill Meadows, a member of the North Texas Tollway Authority; former Duncanville City Councilman Grady Smithey Jr., a Perry appointee to a panel studying private participation in toll projects and secretary of the Dallas Regional Mobility Coalition; former Denton County Commissioner Sandy Jacobs; Benny Fogleman, in insurance sales in Livingston; Alan Wade Tompkins, vice president and general counsel for Unity Hunt Inc. in Dallas; and Southlake Mayor Andrew Wambsganss.Lawmakers have said it’s important that the appointment take into account the need to smooth relations between the Legislature and the commission. The fiery Williamson tangled with lawmakers in pushing Perry’s transportation vision, including private investment in toll roads, an avenue the Legislature sought to curtail.

Carona said in a speech that he was opposed to Delisi being appointed, the Fort Worth Star-Telegram reported.

“We don’t need political hacks in that position,” Carona said, according to the newspaper report. “We need people who understand the business. We need people who understand transportation. We don’t need someone who’s unpopular with the Legislature.”

Black said, “I’m really not going to dignify that, other than to say I think Deirdre Delisi, over her tenure in state government, has proven herself to be an exceptional leader and incredibly talented individual.”

Delisi, 35, was Perry’s gubernatorial campaign manager in 2002 and worked in George W. Bush’s first presidential campaign.

CA activists kill toll project through popular beach/surf town

Link to article here.

How refreshing to see a board that actually votes to represent the will of the people.

California commission nixes toll road near famous surf break, though backers vow to appeal
By GILLIAN FLACCUS
Associated Press
February 7, 2008

DEL MAR, Calif. – Surfers and environmentalists threw a roadblock in front of a proposed toll road through one of the world’s best surf breaks — but backers say they will fight on.

The California Coastal Commission voted 8-2 late Wednesday against the project, which critics said would wipe out about a dozen endangered or threatened coastal species, decimate an ancient Indian burial ground and block sediment that creates world-class waves at San Onofre State Beach.

The panel’s vote means that commissioners found the project doesn’t meet with the legal requirements of the federal Coastal Zone Management Act and California’s Coastal Act.

But toll road officials said they will file an appeal next week with the U.S. Secretary of Commerce to keep the $875 million project alive.

“It’s not over yet,” said Lance MacLean, chairman of the Foothill Eastern Transportation Corridor Agency. “We still believe firmly that our project as proposed provides the best traffic relief in the most environmentally sound way.”

An estimated 3,000 people — surfers, environmentalists, commuters, union activists and tribal members — showed up for the marathon commission hearing, some with surfboards in tow.

Opponents hoisted signs that read “Protect Our Parks” and “Highway from Hell.” They erupted in raucous cheering and dancing as the vote was tallied.

“When I look at this project, I can’t believe it,” Commissioner Sara Wan said before the vote. “This looks like something from the 1950s, not from now, when we know how endangered our planet is.

“I guess if you throw enough spaghetti at the wall, you hope that some of it will stick or at least prevent the majority of folks from understanding the issues.”

Supporters said the turnpike was necessary to relieve crushing rush hour traffic on Interstate 5, where 125,000 cars pass each day between Orange County and San Diego. An alternative — widening the I-5 — would destroy more than 1,200 homes and businesses.

They also argued the road would increase access to the pristine beach for low-income and minority families and provide an alternate escape route in case of a wildfire.

“The area is in gridlock most of the time,” said Tom Margro, the toll road agency’s chief executive officer. “The fact that Southern California needs an alternative to the I-5 in this area has been known for decades.”

But speakers at the hearing questioned the wisdom of intruding on the state’s fifth-most popular state park and its famous surf break for the benefit of commuters. The break, Trestles, attracted 400,000 surfers last year and contributes up to $13 million to the local economy, the commission staff said.

Castillo: State forces toll roads as it plays budget shell game

Link to article here.

Motorists forced to face toll roads as state plays budget shell game
By Jaime Castillo
San Antonio Express-News
02/06/2008

It’s amazing what pushes the outrage needle these days.Web hits mushroom and national debate ensues when a blowhard like Al Sharpton accuses another blowhard like Don Imus of making dumb statements.

If Britney so much as leaves her compound, the world stands still.

But here in Texas, it’s a mere annoyance that the Legislature and state transportation officials are making bigger fools out of us than we previously thought.

Gridlocked Texas drivers have known for some time that they are being held hostage, caught between a vice of gutless state budgeting and Gov. Rick Perry’s love affair with toll roads.

We’ve been asked to swallow tolled highways as the only way out of a situation in which construction costs are rising as fast or faster than a booming general population.

And we’ve been told to do this while state lawmakers poke us in the eye with one hand and use the other to continue to drain highway dollars for things that have nothing to do with building roads.

In the current two-year state budget, another $1.57 billion will be diverted from road building to allow the supposedly fiscally conservative state leadership to balance the books in other areas.

And now we come to find out, the situation is even worse.

During a Senate hearing Tuesday, it was revealed that the Texas Department of Transportation made a $1.1 billion accounting error when it erroneously tallied some bond proceeds twice.

The news came a day after a story by Peggy Fikac in the Express-News showing that more than $3 billion in dedicated fees and taxes will go unspent for their specified purposes, which include trauma care and clean-air efforts.

The reason?

State lawmakers are using the money to shore up the budget in other areas.

As one economist put it: “We’re basically borrowing from ourselves. It’s like using the rent money to pay the food bill.”

A governor’s spokesman pointed the finger at the Legislature, saying lawmakers need “to square up with Texans” and make the budgeting process more “transparent.”

Rep. Warren Chisum, the Republican chairman of the budget-writing House Appropriations Committee, dismissed the whole matter as nothing more than “a bookkeeping deal.”

In this void of accountability, the state is continuing a long tradition of watching revenue from things like the state lottery go to places other than where officials told us it was going to go.

A major subplot of this year’s state legislative elections is the future of unpopular House Speaker Tom Craddick.

If a coalition of moderates and Democrats succeed in toppling him, they should remain mindful of the fate of the current Democratic Congress.

After being handed a majority in the U.S. House by frustrated voters, the new leadership shamefully plunged ahead and continued the pork-barrel system of funding local projects through things called budget earmarks.

Today, the approval ratings of Congress are worse than those of war-torn President Bush.

We Texans now know that our state’s budgetary shell game involves highways, state parks, trauma care and clean-air efforts.

What we don’t know is if Texas lawmakers — from either political party — will ever understand why this is wrong.

San Antonio real estate hard hit in areas slated for toll roads

Link to article here.

This is one time where I wish a prediction weren’t right. From the beginning, we’ve been concerned that toll roads will diminish home values, and as this article attests, that’s precisely what’s happening right now in north central Bexar County. Stone Oak and even the Hill Country further north is fast becoming a ghost town. In certain areas, there are nearly as many homes with “for sale” signs as there are homes without.

Traffic…Toll Roads Threat Keeps Some From Buying Beyond Loop 410
What do toll roads and real estate have in common? Nothing? Something? Plenty
By Larry Nolan Stewart
Real Estate News
February 6, 2008

As if things were not tough enough, selling your home in some areas around San Antonio can be complicated by the growing unpopularity of driving north on U. S. Highway 281 or west on IH-10. There are many who claim that over development and under planning have created a traffic mess that turns many buyers in other directions. By the time house hunters navigate to Stone Oak and points beyond, for a simple house hunt they envision their investment of many hours of time and dollars on fuel just to go to and from work in the city. Time conscious real estate professionals are not wild about the drive either. As a drive to the Texas Hill Country turns into a drive into the “paved over” Texas Hill Country the song of the hills grows weak to some buyers.

The trip to Boerne is about the same. When you get there you reach a nice small town that is being turned into little San Antonio. The traffic jams are a revenue builder for law enforcement as frustrated drivers finally get a stretch of open road and put the hammer down! The rearview mirror turns red and the blood pressure goes up when a host of DPS, county sheriffs and others lay in wait for the hapless motorists to finally see an end to stop and go traffic.

This is not to say don’t go. My comments are simply a reflection of what I see and hear. Buyers are discovering China Grove and Lavernia to the east and Wilson County down around Floresville. There is life in the other than north directions. Inside Loop 410 is looking better to many.

Buyers seeking the country life would do well to assess the situation and make certain that the trade off is one they can be happy with.

TexDot and many local politicians have been dictating toll roads as “THE” solution rather than “A” solution. Activists like Terri Hall the San Antonio Toll Party, R. G. Griffing, a.k.a. “Dr. Dan the Scandal Man” at his San Antonio Lightning on line newspaper, and our local talk radio hosts have created so much media attention to TexDot and Governor Perry’s toll road agenda, a few Texas Senators have made scathing critical comments to and about TexDot. We should remember that we did not hear much from the senators when the toll roads fight was young. Could it be that their wrath is real or is it a case of checking to see which way the wind is blowing after the above local champions for honesty did the senators jobs for them? Don’t fall into unconditional love with the lawmakers over this sudden swing against TexDot. They still need constant watching. Let them know that you expect changes.

TxDOT's own $1 billion error caused statewide frenzy & sparked an audit

Link to article here.
Getting an “earful” is putting it mildly…TxDOT had a public flogging. However, actions speak louder than words. Will these senators have the spine to take on this Governor in May of 2009 as the next legislative session winds down and he dishes more threats and ultimatums? Will these same legislators GUT the Texas Department of Transportation and enact REAL reforms, or was yesterday’s hearing all hot air? What will likely determine that is the grassroots revolt now underway. The Lege is either with us, or they’re with the lobbyists and the Governor. There is no in between.

TxDOT gets earful at Senate hearing
02/05/2008
By Patrick Driscoll
Express-News

AUSTIN — There was plenty of blame to go around but little trust Tuesday as Texas senators probed Texas Department of Transportation finances, promises and actions — scrutiny that could last another year.Lawmakers, trying to figure out why the department this year suddenly faces funding shortfalls, didn’t like what they heard at a joint hearing of the Senate finance and transportation committees.

Sen. Tommy Williams, R-The Woodlands, after listening to state auditors and budget officials describe the agency’s bookkeeping, jumped the gate before TxDOT even got a word out.

“It doesn’t matter what they come up and tell us, if they have poor internal controls,” he told his colleagues. “I don’t have a lot of confidence with what’s coming out of that shop over there.”

More than half a dozen senators took turns slinging similar barbs. The sharpest accusation, verbalized by a few, was that TxDOT may have created a funding crisis after the Legislature last spring put a leash on private financing of toll roads and tasked another committee to study the merits.

“There are many, many people, myself included, who believe this is a ploy to pressure us to go back to toll roads,” said Sen. Judith Zaffirini, D-Laredo.

Last July, after state lawmakers went home, the agency took another look at its finances. There were federal cutbacks, more state diversions, inflation and some expected drying up of private toll investments to deal with.

Bottom line: TxDOT was headed into the red — $3.6 billion by 2015. The agency said it would have to slice out $1.1 billion in projects this fiscal year, on top of $900 million pushed back months before because projections had been too optimistic. That left just $3.1 billion for construction, way down from $5 billion in 2006, dubbed the “go-go year.”

But what wasn’t widely known, until Tuesday, was that the $1.1 billion was an accounting error. That money was never there to begin with — some bean counters or planners had tallied some bond proceeds twice.

“Let me state right off that we should have done a better job of anticipating this state of affairs,” TxDOT Director Amadeo Saenz said in a written statement to senators.

Senators were aghast.

“You’ve got to be kidding,” said Sen. Kip Averitt, R-Waco.

Zaffirini said TxDOT officials should have pointed the finger at themselves months ago instead of blaming lawmakers for their woes. She said a Dec. 5 talking-points paper, just handed to her, never mentions the agency’s own goofs.

Saenz, pointing to a Dec. 10 talking-points paper in front of him, said it does mention the inflated projections.

They literally were on different pages.

Meanwhile, Saenz recently reorganized staff so that planners, schedulers and bill payers will all report to the finance director.

“We have a system and that system needs to be improved,” he told the senators. “We’re working on that.”

Finance Committee Chairman Steve Ogden, R-Bryan, said something definitely needs to change. While holding a TxDOT balance sheet, he said he knows how to do a cash-flow statement and what he was looking at wasn’t that.

“I mean, this is screwed up,” he said. “This is bad.”

The other big questions of the day had to do with why TxDOT won’t use $2.9 billion in available bonds, or include another $5 billion approved by voters in November in financial projections.

Transportation officials said it’s because they don’t know if legislators will pay debt service on the $2.9 billion. Otherwise, some road maintenance would have to be deferred.

And as far as the $5 billion, which would be paid back with an infusion of general funds rather that relying on existing flows of gas taxes and other driver fees, the Legislature still has to make that appropriation, which could happen next year.

“We want to make sure that we do not leave this agency in debt,” said Hope Andrade, chairwoman of the Texas Transportation Commission, which oversees TxDOT. “As long as we can work together on how we can pay the debt, we will be open to any option.”

Trust us, senators replied. But, they added, with construction inflation outstripping interest rates, it’s best to put the $2.9 billion in bonds into action.

“We expect you to issue that debt,” Transportation Committee Chairman John Carona, R-Dallas, said
_____________________________
Link to article here.

TxDOT
$1 billion error caused cash crunch
Agency officials say they double-counted bond revenue; legislators remain skeptical about legitimacy of fiscal ‘crisis’
By Ben Wear
Austin American Statesman

But lawmakers, always skeptical, were often openly hostile during a lengthy Senate committee hearing that amounted to a thorough wood-shedding of TxDOT. They let department officials know that they remain suspicious about the legitimacy of the fiscal crisis.

Texas Transportation Commission members, said state Sen. Kirk Watson, D-Austin, “have an agenda. And that’s to privatize the second-largest (highway) system in the world. And you are hell-bent-for-leather to do that.”

State Sen. Tommy Williams, R-The Woodlands, pushed for a third party to look at TxDOT’s books.

“It’s important to me that we get the state auditor’s office in there as quickly as possible,” said Williams, who carried legislation last year that substantially curtailed TxDOT’s authority to agree to long-term leases with private companies to build and run tollways.

TxDOT’s executive director, Amadeo Saenz, said he would welcome an audit.

Saenz, TxDOT Chief Financial Officer James Bass and three transportation commissioners spent three hours answering questions in an unusual, out-of-session joint meeting of the Senate Finance and the Senate Transportation and Homeland Security committees.

TxDOT officials first announced a money shortage in November, ascribing it to a number of factors: inflation, reduced federal transportation grants, increased road maintenance needs and, most tellingly to legislators, the loss of revenue from those private toll road leases. Until Tuesday, top TxDOT officials had said nothing publicly about having made a serious bureaucratic error.

According to Saenz and Bass, the $1.1 billion that was counted twice was money borrowed through selling bonds. As a consequence, top agency officials told TxDOT’s various divisions and districts that they had $4.2 billion to spend this fiscal year.

“As soon as I heard that number,” Bass said, “I knew it was an overestimate.”

Soon after, with so-called “lettings” for 2008 trimmed to $3.1 billion, TxDOT officials announced huge cuts in spending on right of way and project design, as well as a freeze on the start of many road projects that were ready to go. That sudden halt to projects got legislators’ attention — and their goat. The Legislature and voters last year gave the agency authorization to borrow an additional $8 billion — though $5 billion of that will require further legislative action in 2009 — and so legislators don’t like that crucial road projects are suddenly up on blocks.

It didn’t take long after the freeze announcement for the idea to take hold that TxDOT was manufacturing a crisis to coerce legislators into backing away from the limits on private toll road contracts.

Tuesday’s alternative explanation may have been only partially helpful to the agency.

“So, what you’re saying is, it’s not a political effort on your part,” Watson said. “It’s a lack of competence.”

Saenz said he has brought the planning function, along with project procurement, under Bass’ control to avoid the sort of left hand-right hand problem that caused the error.

How state and federal money goes into and out of TxDOT has long been a puzzle, one made only more complex by the addition of toll road financing and a growing practice of delegating road building to local agencies. Lawmakers, gazing at balance sheets gray with numbers and listening to Bass’ clarifications of them, said the opaque nature of how TxDOT presents its finances makes it hard to trust the numbers.

“This is screwed up,” said state Sen. Steve Ogden, R-Bryan, chairman of the Finance Committee, brandishing a revenue-and-expense table. “This is really bad. I heard your explanation. But based on the data, it doesn’t match.”

TxDOT gins-up shortfalls to get legislators' attention…it worked!

Link to article here.

Perry, Dewhurst at odds over TxDOT funding status
02/04/2008
By Patrick Driscoll
and Peggy Fikac
Express-News

On the eve of a legislative hearing on whether the Texas Department of Transportation is going broke or crying wolf, the state’s top two leaders squared off on opposite sides.Lt. Gov. David Dewhurst said TxDOT has some explaining to do about massive construction cutbacks, which some claim are a ruse to pressure state lawmakers into backing off last year’s restrictions on private-sector financing of toll roads.

Dewhurst called the Senate finance and transportation committees into a hearing today, set for 9 a.m. in Room E1.036 of the Capitol Extension, to find out why TxDOT says it’ll be $3.6 billion in the hole by 2015 when it can sell $9 billion in bonds.

“I am concerned the forecasting sheet used to produce that number does not show the complete financial picture,” he said in a letter Friday to Hope Andrade, chairwoman of the Texas Transportation Commission, which oversees TxDOT.

But Gov. Rick Perry, who appoints the commission and is devoted to tolling and private investments as the best way to pay for new highway lanes, believes state lawmakers have dropped the funding ball.

“The governor wants a long-term solution” and has put forth ideas, Perry spokesman Robert Black said. “It’s time for the Legislature to step up and do the same.”

Today’s hearing on TxDOT is just the latest round of the scrutiny, which intensified a year ago and continues to get hotter as toll critics burn the ears of officials.

Also Monday, Assistant District Attorney Beverly Mathews of the Travis County District Attorney’s office said the office is investigating a complaint that TxDOT illegally lobbied and promoted toll roads.

“We have opened an investigation,” Mathews said, declining to give details.

Terri Hall of Texans Uniting for Reform and Freedom, which filed a civil lawsuit on the issue last year, said it’s about time.

“A big fat yippee,” she said. “People are so fed up with TxDOT, which is so out of control.”

TxDOT officials say they did nothing wrong.

Perry and TxDOT’s widespread push to use toll roads to make up for frozen gas taxes being swallowed by inflation hit a rough patch last year. Many lawmakers who previously passed enabling toll bills had since become skittish over public outcries.

Last year’s Senate Bill 792 reined in toll and privatization plans and called for a committee to study private financing. TxDOT also is going through a sunset review.

Before the 2007 legislative session ended, the agency began warning of a looming financial crisis. Officials blamed federal cutbacks, diversions of state road funds, inflation and the Legislature’s toll restrictions.

By November, TxDOT said it will have to slash spending for engineering and land purchases and stop any new construction after Feb. 1.

The agency has delayed $135 million worth of projects in the San Antonio region, including $64 million in Bexar County. Other areas saw similar cuts, such as an estimated $276 million in four counties in and around Houston.

Dewhurst said TxDOT should have told legislators about such problems last year. He also pointed out that lawmakers passed $3 billion in highway fund bonds, got voter approval for $5 billion in general obligation bonds, and that $1.3 billion in Texas Mobility Fund bonds still may be available.

“At the committee hearing,” he wrote to Andrade, “I hope to see that TxDOT has provided a cash forecast sheet that includes all the financial tools.”

Black said the $5 billion figure is fiction because the Legislature hasn’t authorized debt service, which could happen in 2009. And TxDOT did count the $1.3 billion in its projections.

But Perry advised the agency not to issue the $3 billion.

“Because it’s a Band-Aid,” Black said. “It is yet another short-term fix that will only put us into debt further because it is building something today we’ll have to pay for tomorrow.”

Evidence shows TxDOT lobbied; TxDOT calls it “outreach”…you decide!

Link to article here. TxDOT’s spin doctors are spinning alright, and Mr. Wear seems to be buying it. The statute says a state agency cannot hire a registered lobbyist, it doesn’t matter how TxDOT defines that lobbyist’s activities, or if they are federal lobbyists or not (there’s a federal law forbidding it as well), just “taking notes” or otherwise, it’s abundantly clear what a registered lobbyist does….LOBBY! That’s why the statute forbids them from hiring one. They did. They broke the law. No amount of spin can change it.

Getting There: Ben Wear
Is TxDOT illegally lobbying? No, it’s ‘outreach’
Anti-toll groups say agency flouting state prohibition on agencies paying to influence lawmakers.
Austin American Statesman
Monday, February 4, 2008
But the question is: Did TxDOT break the law by lobbying? The answer, despite toll opponents’ certitude, is not so clear.

The hubbub began Jan. 22, when Texas Transportation Commissioner Ted Houghton took the mike at a public hearing in Hempstead (about TxDOT’s proposed super-tollway, TTC-69, from Brownsville to Texarkana) to answer a question. The moment, inevitably, is now on YouTube.

Yes, Houghton said, “we hire lobbyists up there (in Washington) to represent the interests of the State of Texas.”

Aha, Comal County tollway opponent Terri Hall said in a news release titled “Smoking gun,” Houghton “admits TxDOT violated the law!” Houghton, of course, confessed to no such thing.

Hall was depending on state law that bars state agencies from spending money to “employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 to register as a lobbyist.”

If you read Chapter 305 of the state Government Code, it basically refers to lobbying the Legislature and the executive branch of Texas government. The four lobbyists named by TxDOT in response to a lawsuit filed by Hall’s Texans Uniting for Reform and Freedom — including former Land Commissioner Garry Mauro — work their magic in Washington, not Austin. None are registered lobbyists in Texas.

Now, TxDOT did pay the Rodman Group at least $65,000 to have Gary Bushell, a registered Texas lobbyist last year, spend much of the first half of 2007 talking to local elected officials along the Interstate 35 and Interstate 69 corridors. This was right when the Legislature was considering banning private toll road contracts of the type TxDOT wants to use to build TTC-69. A bunch of TTC-69 local folks came to Austin about that time, asking that their road be exempt. They got what they and TxDOT wanted.

Was Bushell lobbying for TxDOT? No, he was doing “outreach,” spokesman Chris Lippincott and Bushell say, taking notes about the local folks’ concerns and answering questions. If he had, Lippincott said, “we would have fired his (behind) on the spot.”

Lobbying or not, TxDOT has certainly been an active political player the past few years. The late Transportation Commission Chairman Ric Williamson at times last year seemed to be a 182nd legislator. He and Houghton, usually accompanied by TxDOT’s entire senior executive team, were all over the Capitol last spring. TxDOT’s efforts to overturn that session’s adverse results (from its point of view) have taken a variety of forms since.

Williamson is gone now, and TxDOT faces a battery of legislative committees looking to tame it, starting with two hearings Tuesday. Lobbying charges may soon be the least of TxDOT’s problems.

Evidence shows TxDOT lobbied; TxDOT calls it "outreach"…you decide!

Link to article here. TxDOT’s spin doctors are spinning alright, and Mr. Wear seems to be buying it. The statute says a state agency cannot hire a registered lobbyist, it doesn’t matter how TxDOT defines that lobbyist’s activities, or if they are federal lobbyists or not (there’s a federal law forbidding it as well), just “taking notes” or otherwise, it’s abundantly clear what a registered lobbyist does….LOBBY! That’s why the statute forbids them from hiring one. They did. They broke the law. No amount of spin can change it.

Getting There: Ben Wear
Is TxDOT illegally lobbying? No, it’s ‘outreach’
Anti-toll groups say agency flouting state prohibition on agencies paying to influence lawmakers.
Austin American Statesman
Monday, February 4, 2008
But the question is: Did TxDOT break the law by lobbying? The answer, despite toll opponents’ certitude, is not so clear.

The hubbub began Jan. 22, when Texas Transportation Commissioner Ted Houghton took the mike at a public hearing in Hempstead (about TxDOT’s proposed super-tollway, TTC-69, from Brownsville to Texarkana) to answer a question. The moment, inevitably, is now on YouTube.

Yes, Houghton said, “we hire lobbyists up there (in Washington) to represent the interests of the State of Texas.”

Aha, Comal County tollway opponent Terri Hall said in a news release titled “Smoking gun,” Houghton “admits TxDOT violated the law!” Houghton, of course, confessed to no such thing.

Hall was depending on state law that bars state agencies from spending money to “employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 to register as a lobbyist.”

If you read Chapter 305 of the state Government Code, it basically refers to lobbying the Legislature and the executive branch of Texas government. The four lobbyists named by TxDOT in response to a lawsuit filed by Hall’s Texans Uniting for Reform and Freedom — including former Land Commissioner Garry Mauro — work their magic in Washington, not Austin. None are registered lobbyists in Texas.

Now, TxDOT did pay the Rodman Group at least $65,000 to have Gary Bushell, a registered Texas lobbyist last year, spend much of the first half of 2007 talking to local elected officials along the Interstate 35 and Interstate 69 corridors. This was right when the Legislature was considering banning private toll road contracts of the type TxDOT wants to use to build TTC-69. A bunch of TTC-69 local folks came to Austin about that time, asking that their road be exempt. They got what they and TxDOT wanted.

Was Bushell lobbying for TxDOT? No, he was doing “outreach,” spokesman Chris Lippincott and Bushell say, taking notes about the local folks’ concerns and answering questions. If he had, Lippincott said, “we would have fired his (behind) on the spot.”

Lobbying or not, TxDOT has certainly been an active political player the past few years. The late Transportation Commission Chairman Ric Williamson at times last year seemed to be a 182nd legislator. He and Houghton, usually accompanied by TxDOT’s entire senior executive team, were all over the Capitol last spring. TxDOT’s efforts to overturn that session’s adverse results (from its point of view) have taken a variety of forms since.

Williamson is gone now, and TxDOT faces a battery of legislative committees looking to tame it, starting with two hearings Tuesday. Lobbying charges may soon be the least of TxDOT’s problems.

TxDOT mistake makes Dominion project cost triple

Link to story here.

State Error: Bridge Cost Triples
By Brian Collister
WOAI-TV
2/05/08

When the ritzy subdivision, the Dominion, was annexed several years back, the City of San Antonio promised to build a highway overpass on I-10 so emergency vehicles could cross the highway.

But you won’t believe what it is costing you.

Let us explain it to you this way: You know how you take you car to a mechanic and they give you an estimate for what it will cost to fix the problem, but later they call and tell you they found a lot more wrong and the bill has skyrocketed?

Well, it is happening to you again but with your tax dollars. This time, thanks to the folks who are building the Dominion bridge.

News 4 Trouble Shooter Brian Collister uncovered the staggering numbers.

Construction on the Dominion overpass is already half way done.

The new fire station the city promised when it annexed the area is already finished after being moved from its temporary location just 1 mile away.

It sits just a few feet away where fire trucks will soon be able to dart under the highway when the call comes out for an emergency in the Dominion.The station and bridge were the city’s way of smoothing over fear from angry Dominion homeowners who fought the city’s land grab in 1998.

“The times that they are quoting to us, response times for fire and EMS are just not adequate,” said Billie Kite-Howlett back in 1998, a homeowner in the Dominion at the time. “We’re very, very concerned about that.”

To help it win the annexation battle and swallow up the subdivision packed with multi-million dollar homes, the city got a quick estimate from TxDoT right before the city council was set to vote. Engineers said they could do the project for $6.5 million.

But today, that cost has ballooned to $20 million!

Pretty pricey, even for taxpayers around the Dominion who told the News 4 Trouble Shooters on-camera the price seems like an incredible amount of money.

TxDoT admits it did not do much homework at all when it came up with the initial price tag.

During an interview with News 4 Trouble Shooter Brian Collister, TxDoT engineer Clay Smith explained, “It’s not until you get into the detail design that you realize what it’s going to cost you.”

“But isn’t that TxDoT’s job to say here is how much this is going to cost, we looked at it?” asked Collister.

“Correct, and that’s what you do with your estimate. You give them the best engineering estimate you have at the time,” replied Smith.

“But this one was way off,” countered Collister.

“Yeah, well, like I said, you had a lot of factors,” added Smith.

The biggest factor? TxDoT says its engineers did not realize the project is in the 100 year flood plain.

Which is pretty weird, since anyone who was here during the flood of ’98 saw what happened to Rudy’s BBQ, which is just up the road from the bridge site.

When asked why TxDoT did not look at a flood map before it provided its estimate, Smith answered, “It just, ah, we developed the equipment real quick. We didn’t have the money in there to accommodate was actually going to need in there.”

So now the overpass project that was supposed to cost $6 million is costing $20 million.

“It costs what it costs,” said Smith.

But TxDoT would have known what it really cost from the start if they simply had done some digging like we did.

For starters, the city, which asked for the bridge, knew about the flood plain.

Records obtained by News 4 from 1983 show the Dominion wanted a city permit to build another exit to the subdivision in the same area, but it was denied because it is in the 100-year flood plain.

So when did TxDoT figure it out?

An environmental study we uncovered, done in 2001, notes the flood plain, but still says it will only cost $6 million. It wasn’t until later that engineers realized that because of the problem they would have to build a much larger and more expensive bridge that includes concrete side walls.

Bexar County Commissioner Lyle Larson sits on the Metropolitan Planning Organization, which is responsible for handing out the money for roads.

“Anybody (who) saw the ’98 floods when Macaroni Grill and Rudy’s, all of those were washed out. There should have been some intuitive understanding that that area is prone to flooding,” says Larson. “You’re right, I don’t know why they would not have included the flood plain element in their bids, but maybe they were just rushed at that point.”

Larson says the skyrocketing cost has meant other highway projects are being delayed.

And that also means you will pay more when those projects finally get started because of rising costs of construction materials and labor.

“All of the escalation that we’ve seen on this project, you can see the projects in 98, 99, 2000, that we thought we’d start in 2003, 2004. You’re going to see a significant increase on those, as well,” says Larson.


Because of what happened with the TxDoT project and others that have gone over-budget, the MPO now requires the agency to give better estimates and provide updates more frequently during a project to stop it from happening again.

We called the Dominion Homeowners Association to see what it thinks of the cost of the overpass. We got no response.

Leon Valley council opts for rapid buses versus toll road

Link to article here.

Leon Valley council supports rapid buses
By Amanda Reimherr Buckert
Express-News< 02/05/2008 The Leon Valley City Council approved a resolution Tuesday supporting an idea to help speed up traffic on congested Bandera Road — and it doesn't include toll roads. Proposed by Mayor Chris Riley, the resolution backs a concept to have VIA Metropolitan Transit's second rapid bus line along Bandera. "The Fredericksburg Road corridor will be VIA's first corridor for bus rapid transit, or BRT, and will be operational in 2012," said Priscilla Ingle, the vice president of public affairs for VIA. The Texas Department of Transportation has allocated no money to improve Bandera Road, so the Alamo Regional Mobility Authority was charged with finding long-term solutions. A total of 21 options are being considered, but the only one that can fund any improvements is tolling. Rapid buses have been discussed at several council meetings, and Riley said she plans to send the resolution to VIA, the mobility authority and the Metropolitan Planning Organization. "I ride the bus all the time, and I believe in mass transportation," Riley said. "I think it is the way of the future for both convenience and to protect the environment." Riley has already met with representatives from VIA. And in Eugene, Ore., she met with Graham Carey, an expert on BRT and a project engineer with Lane Transit District. "It has been incredibly successful in (Eugene). We opened in January of last year, and within six months, we exceeded our 20-year projection for ridership," Carey said. "Many people talk about light rail when talking about mass transportation, but we like to call this 'like rail' because we apply all the light rail components into this concept." Carey said the vehicles run on concrete strips that resemble a track and have multiple doors like a train, but light rail can be 10 times more expensive than a rapid bus system. Riley said she rode the system in Eugene with Carey and was hooked. "I was so impressed. BRT will change people's perceptions about the bus. It truly feels like light rail and runs regularly like a train from stations, so you don't need a bus schedule," she said. However, any substantial improvements to Bandera Road are years away. "There is an environmental impact study being conducted on Bandera that is still four to five years away from being completed, and no long-term improvements can be done until then," said Leroy Alloway, spokesman for the mobility authority. "This is a good, long-term vision on the city's part, but don't expect immediate implementation." A rapid bus line would require a dedicated lane to keep travel speeds and times, officials said. VIA's Ingle said her agency is looking at the space along roadways, and other factors, before determinations of future routes are made. "We are going to be putting together a long-range plan to identify other corridors for future BRT routes," she said. "That process will be a 12-18-month process, and then the goal is to determine other corridors that will be suitable and then prioritizing them." Leon Valley recently approved its El Verde 2020 plan, which has an objective for the city to become carbon neutral by the year 2020. "One of the goals of that plan is to increase mass transit. It seems our community is not in favor of a toll road, so we need to be for something," Mayor Riley said. "I think this is an excellent alternative to a toll road."