Representative David Leibowitz (San Antonio/Helotes) and Representative Wayne Smith (the author of the bill) had the following exchange on the floor and had it entered into the House Journal as Legislative Intent.

LEIBOWITZ’ QUESTION:

1. As the bill left the House, certain managed lane projects were exempted from the moratorium but we added an amendment to ensure that the CDA toll project for Highway 281 and Loop 1604 in Bexar County was included in the moratorium, correct?

SMITH’S ANSWER: YES

LEIBOWITZ’ QUESTION:

2. And it’s my understanding that in the Senate, the moratorium only extends to Highway 281 but not Loop 1604. Is that correct.

SMITH’S ANSWER: YES

LEIBOWITZ’ QUESTION:

3. The CDA for 281 also includes Loop 1604. Does the moratorium put the 281/1604 project on hold or just the 281 portion of the project.

SMITH’S ANSWER: It is my belief…the intent is that since 281 and 1604 were developed together as a joint project, the entire 281/1604 comprehensive development agreement would be subject to the moratorium, and if Loop 1604 wanted to be developed as a toll project, a new Request for Qualification (RFQ or bid) would need to be started on Loop 1604 as a standalone project.

_______________________

Translation, there is NOT enough time to put out a new RFQ for 1604 before the moratorium becomes law, and once the moratorium becomes law, no new RFQs will be permitted under the CDA moratorium. Therefore, WE WON! God bless David Leibowitz and God bless Texas!

IMMEDIATE RELEASE

Austin, TX, May 2, 2007 – House Bill 1892 passed the House with a vote of 139-1. House Transportation Committee Chairman Mike Krusee was the ONLY representative voting against! This bill halts the Trans Texas Corridor and the sale of our public highways to the highest bidder. Though some managed lane projects were exempted from the moratorium, Representative David Leibowitz (D – San Antonio) is being hailed as a hero for making sure BOTH 281 & 1604 in San Antonio are IN the private toll moratorium. Senator Jeff Wentworth (R – San Antonio) left that in doubt in the Senate amendment by only explicitly placing 281 in the moratorium. But Leibowitz made it clear and got ON THE RECORD that since the current San Antonio CDA is for BOTH 281 and 1604, that the intent of this legislation is that both highways are IN the moratorium! Now there can be NO legal limbo from TxDOT trying to say otherwise.

“I’ve never been more proud of the PEOPLE of Texas than I am today. It’s their hard work, the phone calls, emails, attendance at public hearings, that made all the difference. We made it so that our representatives couldn’t ignore this issue and we prevailed, convincingly!” said an elated Terri Hall, Founder/Director of TURF.

“It’s also important to note that we NEVER intended to capitulate or give up on ensuring both 281 AND 1604 were a part of the moratorium. We were not going to give TxDOT, this Governor, or the highway lobby ANY ground in San Antonio, and Representative Leibowitz and our delegation agreed. He made sure both our roads are part of the moratorium, no questions asked and we applaud him for his leadership!” notes Hall. “However, those in North Texas, whose politicians exempted their projects, ought to be hopping mad that their highways are being hawked to the highest bidder, a foreign company from Spain, Cintra, for the next 50 years! These officials are going to regret it.”

Now HB 1892 goes to the Governor and he has until May 14 to sign it into law, veto, or allow it to become law without his signature.

No More Krusee Control

By Eileen Welsome
Texas Observer

May 2nd, 2007 at 6:42 pm

A couple of years back, state Rep. Mike Krusee was cruising. Together with Pretty Ricky and Ric Williamson, the imperial chair who presides over the Texas Transportation Commission, Krusee managed to push through the blueprint for the most far reaching, privately operated, toll-road network in the country. This afternoon, Krusee saw his plan — and possibly his political career — dashed as the state House of Representatives voted 139 to 1 to approve a measure which slams the brakes on TxDot’s toll-road-building binge.

Arms folded across his chest, his jaw working, Krusee listened to the floor debate, then returned to his desk to cast the only dissenting vote against House Bill 1892. Tom Craddick, the Speaker of the House, seemed not to notice as the voting board behind him lit up in a sea of green lights, with only one little red dot representing Krusee’s vote.

The bill, which has already been approved by the Senate and was sent back to the House for concurrence, forbids the Transportation Department from entering into contracts for two years with its multinational pals from Spain, Sweden, or other parts of the globe. Several projects in the Dallas-Fort Worth area — SH 121, SH 161, and Loop 9 — have been exempted from the measure. But the moratorium does put back on the shelf two much-maligned toll projects in San Antonio — U.S. 281 and a portion of SH 1604, a loop road that goes around the city.

Another important but less widely known section of the bill would give local governments, such as county commissions, far greater input on the development of future toll-road projects. In an interview with the Observer a couple of days before the vote, Krusee warned the bill could have dire financial consequences for the state, with federal agencies withholding billions for infractions. But the bill’s sponsor, Wayne Smith, said on the House floor today that he had received assurances from federal officials that that just wasn’t so.

Houston’s Garnet Coleman, who for two years has been working to rein in TxDot, was delighted with the bill’s passage. “I can tell you this is a happy day,” said Coleman, as he prepared to fire up a cigarette in an adjoining room.

“Most of the members of the Legislature believe there is something fishy about the franchising or selling of our highways. That’s the reason we’re moving forward with the moratorium.”

Coleman went on to say that the vote is a clear repudiation of Gov. Perry and TxDot. “This is an agency that’s run amok.”

Pretty Ricky, who has already signaled his unhappiness with this legislation, has ten days to veto the bill. That still gives the Lege ample time to override the veto. Coleman said there still could still be a “glitch” in the process, but he’s hopeful that’s not going to happen. “We’re going to move forward with a highway system that’s responsible to the public — not one that’s milking the public.”

HB 1892, CDA Moratorium goes to Governor’s desk!
The 10 day period for him to veto begins!

HB 1892 passed the House 139-1, with Mike Krusee the ONLY representative voting against! Representative David Leibowitz, OUR HERO, made sure our CDA for 281 AND 1604 was IN the moratorium! Senator Wentworth sold us out on the Senate amendment only explicitly placing 281 in the moratorium, but Leibowitz made it right on behalf of our House delegation and got ON THE RECORD that since the current San Antonio CDA is for BOTH 281 and 1604, that the intent of this legislation is that both highways are IN the moratorium! Now there can be NO legal limbo from TxDOT trying to say otherwise. My own State Representative, Nathan Macias, sits on Krusee’s Transportation Committee and worked tirelessly with the 5 committee members on our side and with Leibowitz and others in our delegation to make this happen and to get BOTH our roads IN the moratorium!

We did it folks! We did it!

HURRAHHHHHHH! Please thank your reps and these senators, and keep them poised to override this Governor in 10 DAYS (not counting Sunday)! Note even Edmund Kuempel, a total pro-TTC Perry defender, voted for it along with Ruth McClendon-Jones who had previously voted against the final version of HB 1892.

San Antonio Reps below:
Frank Corte – STREP123@aol.com
Ruth McClendon-Jones – ruth.mcclendon@house.state.tx.us
Jose Menendez – jose.menendez@house.state.tx.us
Robert Puente – robert.puente@house.state.tx.us
Mike Villarreal – michael.villarreal@house.state.tx.us
Edmund Kuempel – edmund.kuempel@house.state.tx.us
Joe Farias – joe.farias@house.state.tx.us
David Leibowitz – david.leibowitz@house.state.tx.us
Nathan Macias – nathan.macias@house.state.tx.us
Joe Straus – joe.straus@house.state.tx.us
Joaquin Castro – joaquin.castro@house.state.tx.us
Trey Martinez-Fischer – trey.martinezfischer@house.state.tx.us

San Antonio Senators to thank:
judith.zaffirini@senate.state.tx.us
leticia.vandeputte@senate.state.tx.us
carlos.uresti@senate.state.tx.us

D.C. Mayor Marion Barry actually wants to punish/tax people for going to work like Mayor Bloomberg. He proposes a “commuter” or “worker” tax in lieu of tolls (if those don’t fly)…it’s all the same to him. Government wants your money…it matters not how they get it or the rationale needed to forcibly do so.

Barry urges worker tolls

By Tarron Lively
THE WASHINGTON TIMES
Published May 2, 2007