TxDOT stop light manipulation…this time Braun Rd. & 1604

Link to WOAI story here.

Well these poor souls can join the club with 281 users stuck with manipulated stop lights by TxDOT. No matter how many people complain and ask for the lights to be timed better, or for the original overpasses promised to be installed, they sit on it, back it up worse and wait for people to scream FOR a toll road.

That’s only until the motorists figure out how awful the toll roads in the hands of private companies are (even worse than what TxDOT cooks up). Read this blog post with an email exchange of a toll road user in Austin who’s NOT happy with how they force people onto the tollways and then have to pay up to a $1.50 PER MILE for movement. No one will get ANY congestion relief from now on unless they pay a toll. Period…That’s how they’ve designed it from now on. Never mind that you pay handsomely in gas taxes for highways already…that’s going to become the politicians play money once they build up these toll road slush funds. Former State Rep. Carter Casteel even said as much during her stint on the House Transportation Committee, “We need a road slush fund.”

Unless WE THE PEOPLE stop them…which we’re GOING TO DO!

Drivers Get Answers on Traffic Headache
By Walker Robinson
WOAI
Feb 21, 2007

Traffic in one area on the northwest side creates a backup of nearly a mile each day, and drivers there told News 4 WOAI they are tired of it. The traffic backs up on Braun Road and Loop 1604, and viewers contacted News 4 WOAI to find what is being done.

Even though there are overpasses at Bandera and Culebra roads, there are several traffic lights between them. It causes a lot of stop-and-go traffic, News 4 WOAI found.

People who live near the intersection at Braun and 1604 said the light there is especially short.

“You get stuck,” one driver said. “It just takes forever if you’re back there. The traffic is backed up behind you.”

“It takes a long time,” another driver said. “I think they need to do something about it.”

There are plans to build an overpass at Braun as part of the 47-mile toll road system, according to Texas Department of Transportation officials.

TXDOT officials are still studying the 1604 toll project, and there is no timetable to begin construction, officials said. So, the light is not moving anytime soon.

Politician revolving door– a big rip-off for taxpayers!

Link to Express-News blog article here.
Link to article about Governor Rick Perry’s revolving door aides who go back and forth between public service and BIG FAT private sector jobs after securing MILLIONS in taxpayer money to enrich their companies here.
It’s clear that the majority of our politicians don’t even pretend to serve the public any longer. The system is so corrupt that now holding political office is more about passing legislation to benefit special interest groups, like road builders, and positioning oneself for a lucrative private sector job in one of those special interest industries than it is about being a honest public servant.

Lest we think the examples below are a fluke, let’s recall that the former Executive Director of the San Antonio MPO, JoAnne Walsh, left her job for a six figure income with road builder Parsons-Brinckerhoff (a contractor in Boston’s Big Dig debacle that caused a woman’s death last year) after allocating $500 million in YOUR gas taxes to build toll roads. Then there was Tom Greibel, former Executive Director of the Bexar County tolling authority, who jumped ship to another high priced private sector job with road builder Pape-Dawson shortly thereafter.

Other side of the fence
By Pat Driscoll
Express-News
February 19, 2007

Officials at the helm of two of the big three tollway systems in Texas said last week they’re headed to the private sector.

North Texas Tollway Authority Director Allan Rutter resigned Wednesday after a closed-door board meeting, the Fort Worth Star Telegram reported. The former Federal Railroad Administration chief and Gov. George Bush’s transportation adviser, will seek his fortune in public-private toll opportunities.

The change came after months of wrangling, and then reaching an agreement, with the Texas Department of Transportation over who will build a host of toll roads in North Texas, according to the Dallas Morning News.

The next day, Harris County Judge Robert Eckels announced he will step down, KHOU reported. Re-elected just three months ago, he has had job talks with law and investment banking firms in Houston and Washington, the Houston Chronicle said.

Last June, Harris County commissioners decided to keep their toll roads instead of selling them or leasing them and collecting a windfall ranging from $5 million to $20 million (see blog). A study said they could do themselves what a private firm would do to boost profits — raise toll rates on a regular basis.

Meanwhile, the Chronicle says a top contender to replace Eckels is transportation consultant Ed Emmett. He was a state representative from 1979 to 1987, served as interstate commerce commissioner under former President Bush and was CEO of the National Industrial Transportation League before starting his own consulting firm.

By the way, the state’s other big toll system is TxDOT’s Central Texas Turnpike in Austin.

Privatization of highways comes under fire in congress

Link to article here. From the Washington Times article he notes below, the best quote is this by U.S. Rep. James Oberstar: “Mr. Oberstar said it is disingenuous to promote privatization of toll roads as a way of keeping taxes down. ‘I spell toll t-a-x,’ he said. ‘Don’t sugarcoat it or say it’s something else.'”

Doubts cast on privatization
By Pat Driscoll
Express-News
February 15, 2007

Two ranking Congressmen on the House transportation committee said they’re skeptical about how well privatizing highways works.

The issue was taken up at a hearing Tuesday (see background) by the House Transportation and Infrastructure Subcommittee on Highways and Transit.

Subcommittee Chairman Peter DeFazio, D-Ore., said in a statement that he’s not against privatization but some deals, such as the Indiana Toll Road and Chicago Skyway, are better for investors in the long run than they are for motorists.

“Unless protections are built into the lease agreements, these deals allow private companies to make decisions to dramatically increase tolls or decrease road maintenance based on what generates the most profit for stockholders, not what’s best for the traveling public,” he said.

In another statement, DeFazio said a U.S. Department of Transportation official admitted that the agency should disclose potential problems such as monopoly pricing and agreements that limit competition from non-toll roads.

And a NW Financial Group witness said government itself could generate up-front cash, a big selling point in privatization deals, while still holding on to future profits for public use.

(See blogs on non-compete agreements and a recent NW Financial Group report.)

Committee Chairman James Oberstar, D-Minn., said government should encourage private sector innovations to speed up complex projects, but he’s not convinced a scattered approach using numerous public-private partnerships by states will produce a coherent highway system, according to a statement.

“Such a national system can only emerge with strong federal leadership, as when the interstate system was being proposed and subsequently launched,” he said.

Also testifying Tuesday was Robert Poole, a longtime researcher and advocate of road privatization for the Reason Foundation. He said in a statement that gas-tax funding has run into serious problems, but the U.S. is lucky to be able to draw the best from privatization models in Europe and Australia.

“We should also be grateful that the global capital markets have discovered the U.S. highway market, just when we need to mobilize hundreds of billions of dollars to rebuild and expand our highway network,” he said.

For more coverage, see this Washington Times story.

Highway contractor PBS&J using settlement money to hide more overbilling!

NOTE: Our San Antonio MPO Transportation Policy Board just awarded a contract to this corrupt company who has already plead guilty to ripping off Texas taxpayers, and now they’re using embezzlement money to cover their overbilling! We protested the MPO taking TxDOT’s recommendation to hire this company considering their history, and it appears our concerns were well-founded. Contact MPO Chair Richard Perez (210-207-7281) and demand the MPO rescind the contract to this company of criminals!

PBS&J Hid Millions in Overcharges
By Sal Costello
Texas Toll Party
Feb. 15, 2007

The Miami Herald reports today, that PBS&J, a major toll road contractor with TxDOT, is using the $36.6 million embezzlement found in 2006, to hide millions in overcharges. Excerpts from today’s news:

“PBS&J has attributed some of the millions in over billing to three former employees who tried to cover up a $36.6 million embezzlement. But in filings with the Securities and Exchange Commission, the firm also admitted to its own over billing, although it won’t say by how much. One big client, the Florida Department of Transportation, estimated that more than half of the approximately $11 million it was overcharged had nothing to do with the embezzlement.”

“Attorneys for Garcia said in a court filing that PBS&J is using the embezzlement to hide its own over billing.”

See the rest of the story here.

Texas Monthly blog on Williamson-Carona clash…"Carona is right; Williamson is wrong"

Link to blog here.

Williamson, Carona to Meet Today Following Spat
By Paul Burka
Texas Monthly
Wednesday, February 14, 2007

By now, just about everybody knows about the confrontation between Senate transportation chairman John Carona and Tx-DOT chairman Ric Williamson in the House Transportation committee. (Their exchange has been posted on YouTube by anti-toll activist Sal Costello.) Carona went to the committee meeting in the hope of getting Williamson to agree to an appointment. Although Williamson stonewalled in the hearing, to his credit, he subsquently called Carona and they will meet at 3:30 this afternoon.

Toll roads aside, the most significant part of the exchange, which I have italicized in my transcription below, is Carona’s challenge of Williamson’s view of an imperial governorship (my description, not Carona’s).

Carona: I’m just trying to get an appointment with this gentleman, and I understand his calendar is booked up through March, and I just wondered if I could ask you, Chairman Williamson, if you and I could meet sometimes this week on important transportation issues.

Williamson: I’ll [pause], You are a clever guy [general hilarity], but I have to be sure I haven’t worn out my welcome.

Carona: Well, it will go a long way to the relationship if I can see you this week, at your convenience, on transportation issues. There are so many issues that we’re facing, and I think you and I recognize that we have a difference of opinion but we might find that we have more in common on these issues that we realize, but we can’t achieve any of that unless we meet. So I would be grateful for the meeting.

Williamson: I’ll look forward to visiting with you about this.

Carona: This week?

Williamson: Yes, sir–

Carona: Thank you–

Williamson: Visiting with you about the appointment.

Carona: Oh, you mean you can’t commit?

Williamson: No, I’ll call you, I’ll call you.

Carona: Okay. Can I expect that sometime this week, an appointment?

Williamson: I will call you.

Carona: This highlights part of the problem right here. You know you mentioned that you have one boss to work for, but you really don’t, you have the people of the state to work for, and you have one hundred and eighty-one members of the Legislature to work for, and it is this kind of lack of commitment and artful dodging for something as basic as an appointment to meet with you that causes the hostility and the friction that exists right now, and I think that’s unfortunate. It is tragic that we have come to a day in Texas politics, at leasts as it exists in transportation policy, that any disagreement with your views, and I presume the views of the commission, would result in your unwillingness to ever meet. I would be equally offended if you were unwilkling to meet with Chairman Krusee, but the fact that you would sit down there and be so arrogant that you would not even commit to a meeting date, when I’m telling you that over the next several days I’ll be available at any time that would work for you, and I’ll tell you, it certainly doesn’t build the kind of relationship any of us want to see.

Williamson: Thank you.

Carona: So are you refusing to make a commitment for a meeting this week?>

Williamson: Frankly, Senator, I’m speechless at this point.
(end of video)

This is the phrase that I found significant, especially considering that the governor and the Legislature appear to be headed for a major standoff over who’s the boss in the Capitol:

Carona: You know you mentioned that you have one boss to work for, but you really don’t, you have the people of the state to work for, and you have one hundred and eighty-one members of the Legislature to work for….

Williamson’s “one boss to work for” comment, referring to the governor, was made during the committee hearing, before Carona began asking questions. The trouble is, Williamson is wrong. The governor is not the boss of the Texas Transportation Commission. The governor appoints the members of the commission, with the advice and consent of the Senate. He designates its chairman. After that, it is the commission that makes the decisions on transportation policy. The governor can support legislation, which he has done, and he can make requests and give suggestions, which he has done, but he has no executive authority over general transportation policy.

This is from the Tx-DOT Web site, concerning FAQs:

Q: What are the commission’s responsibilities? A: The Texas Transportation Commission is responsible for:
* planning and making policies for the location, construction and maintenance of state highways,
* overseeing the design, construction, maintenance and operation of the state highway system,
* developing a statewide transportation plan that contains all modes of transportation, including highways and turnpikes, aviation, mass transportation, railroads, high-speed railroads and water traffic,
* awarding contracts for the improvement of the state highway system,
* encouraging, fostering and assisting in the development of public and mass transportation in the state, and
* adopting rules for the operation of the department.

Nowhere does it say that the Commission is responsible to the governor–because it isn’t. The Legislature, not the governor, has created boards and commissions that run state agencies. These boards and commissions consist of citizens appointed by the governor, and they, along with the Legislature, make transportation policy. Not the governor. The governor may suggest and attempt to persuade, but the commission and its chairman are free to do what they want. There is nothing to prevent Williamson from implementing the governor’s wishes, but there is also nothing to prevent him from refusing to implement them, should he so choose. They are only wishes, not commands. Constitutionally, the governor is not Williamson’s boss. The Legislature is. Carona is right and Williamson is wrong.

It is looking more and more like this session, and the next four years, will be dominated by clashes between the executive and legislative branches over the extent of the powers of the governor.

The fallout at Via from 281 vote at MPO

Link to blog here.

Once again, TxDOT is attempting to wield undue power in order to unseat the two Via Board members who sit on the MPO Board in retaliation for voting WITH THE PEOPLE on the 281 toll project. It’s their way or the highway, or in Via’s case, the highway means NO FUNDING for key mass transit projects.

Let’s play ball
By Pat Driscoll
Express-News
February 14, 2007

Two VIA board members who joined a rebel faction of the Metropolitan Planning Organization board, in a recent failed attempt to derail toll plans for U.S. 281, could soon be removed from the planning board.

The MPO board, which oversees more than $200 million a year in federal and state transportation dollars, is made up of local elected leaders and staff officials from various agencies. VIA Metropolitan Transit’s board fills two of the seats and rotates people in and out from time to time.

Three weeks ago, VIA board members Melissa Castro-Killen and Sidney Ordway joined a doomed 9-6 effort led by County Commissioner Lyle Larson to kill the proposed U.S. 281 tollway.

Days later, claims surfaced that state officials pushing toll projects such as U.S. 281 were pressuring VIA as a result.

On Tuesday, VIA Chairman Eddie Herrera said it might be time to move Castro-Killen and Ordway off the MPO board, where they’ve served about a year.

Herrera wouldn’t say whether it has anything to do with how the two voted on the U.S. 281 project, but he did say he disagreed with their votes.

“At a minimum, I would have expected them to abstain,” he said. “That’s the retrospect, 20-20 hindsight.”

Ordway said that after the controversial vote, Herrera had asked him and Castro-Killen to meet with Hope Andrade of the Texas Transportation Commission.

“I said no, she can come see me,” Ordway said. “And he said, well, would you remove yourself from the MPO board? And I said no, I’m not going to resign. If you want to take me off there, you take me off there.”

Herrera, who became chairman at the first of the year, said a board executive committee that he also chairs might make recommendations to the full board in March on who should be on the MPO board.

“Usually what I like to do is ask for volunteers, he said.

Making a statement

Meanwhile, on Tuesday, VIA board members clarified how they feel about road projects, passing a resolution that says streets are crucial to bus service, funding comes from many sources and the agency supports efforts of all other transportation entities as long as plans don’t conflict with public transit.

The resolution gives VIA representatives on the MPO board better guidance on future votes, Herrera said.

“The votes could be made with that in mind,” he said. “As long as it complies with VIA’s mission.”

But Ordway, who joined Castro-Killen and the rest of the board to unanimously approve the resolution, said it simply reaffirmed the agency’s goals and would not change his vote on U.S. 281. The widening of that highway, he explained, was originally planned as a non-toll freeway.

Besides, Ordway said, two Texas Department of Transportation engineers on the MPO board also could have abstained from voting.

“But TxDOT did not abstain,” he said. “They voted, so we voted.”

Castro-Killen could not be reached for comment.

Pressure goes both ways

Part of VIA’s plans include starting a rapid bus system on Fredericksburg Road by 2012, using light-rail treatments such as dedicated lanes, transit stations and traffic-signal priority. Officials hope to sign an agreement this month with TxDOT, which owns the road and wants to build toll lanes on U.S. 281.

Also, next month the MPO board will vote to provide $28 million for the $95 million rapid bus line, which will be the organization’s most significant allocation ever for transit.

But potential pressure goes both ways, Ordway said. VIA is giving TxDOT some $10 million a year in sales taxes.

“There’s a little leverage on both sides,” he said.

Rep. Garnet Coleman re-introduces bill to put moratorium on tolls

Link to article here.

Toll Moratorium Proposed
Bill in legislature would block all tolling of existing highways for 2 1/2 years
By Jim Forsyth
WOAI Radio
February 14, 2007

If one state lawmaker has his way, there will be a 2 1/2 year moratorium on all new tolls and toll roads in Texas, 1200 WOAI news reported exclusively Thursday.

State Representative Garnet Coleman in Houston has introduced a bill to prohibit any tolls being imposed on new lanes of any existing highways around Texas until September of 2009. That would effectively put the brakes on the movement to build new toll lanes on Highway 281 north of Loop 1604, as well as on new lanes of 1604 itself.

The measure does not mention the controversial Trans Texas Corridor, which would not be included in the moratorium because it is not an ‘existing highway.’

Anti toll groups like the Texas Toll Party said Coleman’s idea is ‘sound and thoughtful.’

“We are very excited about Coleman coming out with a proposal as smart as this moratorium,” Toll Party Founder Sal Costello told 1200 WOAI news.

A similar moratorium on new toll construction was proposed in 2005 and failed, but Costello says public anger over toll roads is growing, and so is sentiment against tolls in the Texas Legislature.

“These tolls, what we’re finding in Central Texas, the new toll roads that were just put up, cost 16 times the national average,” he said.

Costello said what bothers Texans more than the idea of paying tolls is the fact that the toll roads are being pushed through over the obvious wishes of a vast majority of Texans. He says even though turnout at dozens of public hearings around the state has been overwhelmingly anti toll, the ‘pro toll forces,’ often with backing from large corporations which stand to gain financially from toll construction, appear to be determined to construct toll roads over all opposition.

He says a 2 1/2 year cooling off program would put more ‘sense’ into the debate.

Ft. Worth Weekly: Did someone replace Perry with a body double?

Link to article here.

This article correctly quotes what we’ve said before: we’re going to make Rick Perry useless to the national Republican Party and erase all hopes of running as a Vice Presidential Candidate in 2008. Perry’s State of the State priorities (like privatizing the state lottery to benefit the company that recently hired his son, Griffin Perry) and Executive Order mandating all 11-12 yr old girls be vaccinated against a sexually transmitted disease demonstrate how far adrift Perry is from the Texans he’s charged with serving.

Off the Top of His Head
Is the governor auditioning for a new part?
By DAVE McNEELY
Ft. Worth Weekly
Feb. 14, 2007

Who was that guy standing on the dais in the Texas House of Representatives on Feb. 6, addressing a joint session of the Texas Legislature? The one with the Big Hair, delivering what was billed as the governor’s biennial “State of the State” speech?

Many in the audience, including dozens of legislators of both major political parties, couldn’t help wondering whether someone had replaced Republican Gov. Rick Perry with a body double, complete with the correct helmet of well-coiffed hair, but with somebody else’s audiotape playing.

Money for cancer research? More money for education? A mandatory vaccination for sixth-grade girls for a sexually transmitted disease that can cause cervical cancer?

Austin American-Statesman columnist W. Gardner Selby a couple of days later wondered in print if Perry or a look-alike might have been channeling Chris Bell, the Democratic runner-up to Perry in November. Bell, after all, had pledged to work for the mandatory vaccination for human papilloma virus, or HPV, last September.

If others were confused, the heavy-set guy in the southwest corner of the House chamber wasn’t. Dave Carney may have been clapping the loudest. He’s the chief political consultant to Gov. GoodHair (as the late, great columnist Molly Ivins usually referred to Perry) and the guy suspected of putting dreams of the vice presidency in Perry’s head.

That’s the job that several legislators thought Perry seemed to be auditioning for last week.

Some Democrats said parts of Perry’s speech, like paying health insurance costs for two million uninsured Texans who earn less than 200 percent of the federal poverty level, and spending $80 million to expand the state’s pre-kindergarten program, sounded more like they were written for a Democrat than a Republican. Perhaps the governor was trying to appear a bit more moderate — though not too moderate.

For instance, he also bragged in the speech, indirectly, about helping cut the legs out from under plaintiffs’ attorneys who sue insurance companies, doctors, and businesses on behalf of injured consumers, by saying he’d helped make the climate better for doctors and other healthcare providers.

On the other side of the aisle, some Republican legislators were still reeling from Perry’s surprise executive order Feb. 2, four days before his speech, to require the HPV vaccinations. Although Perry repeated his support for the vaccinations in his speech, noting that parents of girls can choose to keep their daughters from being inoculated, it didn’t allay criticism from many in his own party. Republicans are steamed that Perry didn’t include them in discussions before taking the action unilaterally, especially since bills have been introduced in both houses of the legislature to do the same thing.

Several attorneys have questioned the constitutionality of his actions. And folks all over the political waterfront have pointed out that the HPV vaccine is manufactured by pharmaceutical giant Merck — whose lobbyists in Texas include Perry’s friend and former chief of staff Mike Toomey. Merck’s political action committee has donated $6,000 to Perry’s political treasury.

The Democrats whose jaws were already unhinged dropped their molars even farther when Perry said he wanted to spend more state money on health insurance, to leverage three federal dollars for each two state dollars spent. Same with his strong call to spend earmarked state tax and fee money for the purpose for which it was collected — like the sporting goods tax for state parks.

Was this the same governor whose insistence on tax cuts in 2003, when the state was already facing a budget shortfall, forced legislators to shift money from pocket to pocket, in order to make the money cover as many bases as possible? Was he now blaming them for bookkeeping sleight of hand?

And it’s Texas Democrats, not Republicans, in general, who have long advocated spending more state dollars on health insurance to bring more federal dollars to Texas and who have resisted the practice of spending money collected for one purpose for other things.

Then there was Perry’s call for more money for public and higher education. Most Democrats and some Republicans think the governor’s tightfistedness in 2003 was what put schools in a hole in the first place. It’s now as if the blocks he caused to be taken down four years ago, in areas like the Children’s Health Insurance Program (CHIP), parks, higher education, and other areas, he’s now calling to have put back.

How would he fund all these programs? In part, by yet another proposal — bold or hare-brained, depending on your point of view — to sell the state’s lottery to a private company for $14 billion to $20 billion and invest the money. Problem is, other state leaders, including House Speaker Tom Craddick, question whether that route would produce even as much money for the state treasury each year as the lottery itself does now.

In short, the governor in the past week has managed to start new brushfires that are turning up the heat he’s been taking for months now over everything from schools to the massive toll roads he has pushed to the coal-fired plants that he supports, even though business leaders, a mayors’ coalition, and environmentalists from around the planet have been cautioning that the plants could seriously affect global warming and air pollution.

Perry seems undaunted by all the opposition. Maybe it’s because, in addition to having visions of Air Force 2 dancing in his head, he wants, belatedly, to leave behind some legacy other than a tax cut four years ago that wounded many key state services. After all, if he finishes out what will probably be his last term, he will have been one of the longest-serving governors in Texas history.

If he plans on leaving before the end of the term for higher office, however, all the new ideas he’s been popping out might hurt rather than help him. A majority of the Texas Senate — including members from both parties — has gone on record opposing his vaccination fiat. One state senator from his own party is asking that he be investigated for overstepping his powers. Some legislators are working this session to back the state off from both the coal plant fast-track and the Trans-Texas Corridor. And, as one leading toll road opponent — a Republican — said recently, people concerned about that issue alone have been working since November “to make sure he is useless to the national party.”

Legislators were trying to track the new math of Perry’s proposals — sell the lottery, invest the proceeds, spend them on various proposals here, create a new fund there — and, by the way, cut property taxes again by another $2.5 billion. A lot of them didn’t like where it appeared to lead.

“Down here I’ve learned to follow the money,” said State Sen. Eliot Shapleigh, an El Paso Democrat. “If the priority is health, education, jobs, and children, then why is a tax cut in 2010-2011 the top priority? We can’t cover one million children with CHIP if state leaders want to give almost $3 billion in tax cuts to Texans who make over $100,000. What matters more — tax cuts for the wealthy or CHIP for children?”

What it adds up to, some suggested, is a roller-coaster that has kept the state’s budget in continuous upheaval for the last four years.

Take another Perry proposal from his speech, this one for $40 million for a Texas Technology Grant Program. It was Perry, after all, who decreed in 2003 that the Telecommunications Infrastructure Fund, fed by telephone surcharges passed on to customers, was no longer needed. That program was designed to help schools, libraries, and hospitals across the state with technology development.

In 2003, Perry did support keeping some of that money for technology for students. But legislators, in trying to balance the budget, redirected the fund’s $200 million-plus in annual income to other purposes — and have continued that habit since then.

Equally befuddling to some was the governor’s proposal that Texas follow two other states in investigating the sale of their lotteries. He proposed using the presumed $14 billion selling price — and later said the price might reach $20 billion — to set up permanent funds to provide help with health insurance for the uninsured, to provide a cancer research trust, and to increase the permanent endowment fund for public schools.

Perry predicted such funds would produce annual investment earnings of $750 million for education, $270 million for cancer research, and $243 million to help with insurance policies for the working poor.

But several legislators, including Craddick and Lt. Gov. David Dewhurst, the senate’s presiding officer, said that proposal in fact wouldn’t provide as much as the $1 billion-plus that the lottery brings in every year for public education.

“We’ll look at it, but the people voted to have the lottery used on public education,” Dewhurst told reporters.

Rep. Elliott Naishtat added that the state’s track record with privatization has been spotty, especially the bad results from farming out to privately run call centers the process of signing up Texans for social services programs.

“Many questions concerning another privatization remain to be answered,” the Austin Democrat said.

Some see Perry’s call to sell the lottery as a way for him to find easy funding now, without new taxes, for programs for which he can take credit — even though Texas would forgo profits from the lottery for the next 40 years.

That sounds similar to another program the governor’s been pushing that has property owners and others in an uproar all across the middle of Texas — the area where the massive Trans-Texas Corridor is planned.

Perry just waved at toll roads in his state-of-the-state speech. “Our state is building roads faster than any state in the nation,” was all he said, without mentioning how they are being financed or that they have tens of thousands of Texas thoroughly hacked. A whole list of grassroots groups opposed to the Trans-Texas Corridor have sprung up, opposing the taking of nearly a million acres of land for toll roads that would, in effect, be leased long-term to a foreign corporation that would build the roads and then get to keep all profits from them for decades. The project also includes charging tolls to drive on highways that are now free — and could prevent any projects to improve many other state roads in the same area as the TTC.

Some other state officials are working to slow down the relentless push by Rick and Ric, the Toll Road Warriors. The second Ric — no K for him — is Ric Williamson of Weatherford, the governor’s buddy from their days as freshmen House members from adjoining districts in 1985. Williamson currently chairs the Texas Department of Transportation Commission, considered the driving force behind the toll road effort, and has managed to anger enough legislators with what they say is his arrogance that they wish he was gone. Sen. John Carona, a Dallas Republican and chairman of the Senate Committee on Transportation and Home Security, recently called for Perry not to reappoint Williamson.

Critics of the TTC and other Perry initiatives say their math shows that, were it not for Perry’s anti-tax stance, Texas could have funded its highway needs — and other responsibilities — without resorting to extraordinary tactics like making free highways into toll roads and leasing new highways to foreign corporations. Those folks say the no-tax hype, pushed by people like Grover Norquist, the Jack Abramoff buddy whose group solicits pledges from politicians to vote against all tax increases, has crimped the state’s ability to raise funds to meet its needs.

One such area is the state gasoline tax, which hasn’t been raised for 16 years. In 2001, a nickel increase on the tax was proposed by Rep. Clyde Alexander, an Athens Democrat, who has since retired, and Republican Rep. Kip Averitt of Waco, who is now a state senator.

A nickel increase that year, they said, would have brought revenue in inflation-adjusted dollars up to not quite what the current 20 cents per gallon produced in 1991, the last time the gas tax was increased. The nickel hike in 2001 would have produced an additional $650 million a year: $487.5 million for transportation, and 60 percent of that for highways. Schools would have gotten $162.5 million.

But in 2001, the governor threatened to veto any new tax, which killed the idea from the start. So the state got toll roads instead. Since then, the Trans-Texas Corridor has brought together some unlikely and vehement allies, from conservative ranchers to those on either end of the political spectrum who oppose the hugely expanded use of eminent domain in recent years — a coalition, in fact, not unlike that opposed to Perry’s HPV initiative.

After six years in office, Perry is used to making Democrats mad. But when he surprised state lawmakers with his executive order that 11- and 12-year-old schoolgirls be inoculated against a disease transmitted solely by sexual conduct, the firestorm of criticism from his own party — and support from some outside his party — may have surprised even him.

State Sen. Jane Nelson of Lewisville, the Republican who chairs the Senate Health and Human Services Committee, said she was “absolutely stunned.” She and Republican State Rep. Jim Keffer of Eastland have asked Attorney General Greg Abbott for an opinion on whether Perry has the power to issue such an executive order.

“The public has a right to testify on this issue, and the legislature has a constitutional duty to be involved in this decision,” Nelson said. Other critics said the vaccine has not been tested enough and that it could make the state look like it’s endorsing young girls having sex.

Perry ordered that Gardasil, a vaccine produced by Merck, be administered to the young girls to help cut down on the incidence of cervical cancer associated with HPV. He reiterated his support for the order in his speech four days later, with his wife Anita, a nurse, beside him at the podium.

Democrats and some Republicans, including Cathie Adams, president of the conservative Texas Eagle Forum, are suspicious that Perry issued the order as much to benefit Toomey and Merck as for public health reasons. The huge pharmaceutical company, trying to recover from losses associated with Vioxx, reportedly has called on its lobbyists around the country to try to get the drug mandated in every state.

“I understand the concern some of my great and dear friends have about requiring this vaccine, which is why parents can opt out if they so choose,” Perry said in his speech. “But I refuse to look a young woman in the eye 10 years from now who suffers from this form of cancer and tell her we could have stopped it, but we didn’t. … Others may focus on the cause of this cancer. I will stay focused on the cure.”

His words didn’t stop 26 of the 31 members of the Senate, including some supporters of the vaccinations, from signing a letter to Perry calling on him to rescind his action. And 31 House members, mostly Republicans, echoed that action.

Bills have been introduced by Republicans in both the House and Senate to overturn the order. And bills had been introduced before Perry’s executive order by two Democrats, Rep. Jessica Farrar of Houston and Sen. Leticia Van de Putte of San Antonio, calling for the same action Perry ordered — though only after legislative debate on the topic.

Both women applauded Perry’s action as “a bold step toward eradicating cervical cancer and saving lives.” State Rep. Donna Howard, an Austin Democrat and a nurse, also endorsed the move.

Van de Putte pointed out that those who have sex outside marriage aren’t the only women who would be helped by the vaccine. Married women could still get HPV from their husbands. “It’s not about having sex or not having sex,” she said. “It prevents cancer.”

In fact, about the only praise Perry got from legislators came from Democrats, some but not all healthcare groups — and the Democrat who challenged Perry last fall and lost, former U.S. Rep. Chris Bell of Houston.

“While I continue to be very disappointed in the overall direction he is taking our state, in this particular instance Rick Perry has done the right thing,” Bell said in a statement. “This is about protecting women’s health, not about politics.” He pointed out that the FDA has approved the vaccine and predicts it could have prevented about 70 percent of cervical cancers that killed almost 400 women in Texas last year. “This is why the Center for Disease Control and the American Cancer Society recommend that all young women age 11-12 get vaccinated, and it’s why I called for this same action during the campaign,” he said.

Much of the argument turns not on the question of whether the vaccine is beneficial, but whether, particularly with the legislature in session, the issue should have gone through the legislative process, including public hearings.

Two veteran attorneys — Buck Wood, who represented 250 poor school districts in the suit seeking more state money for schools, and Scott McCown, a former state district judge who now heads the Center for Public Policy Priorities — said Perry’s move defies the Texas Constitution.

“The governor has exceeded his authority for two different reasons,” McCown said. “One, the governor is asserting that if there is authority anywhere in the executive branch, he can order those executives to do anything he wants. For example, he could order the Texas A&M board of regents to make everyone join the corps, or to disband the corps. That’s what he’s arguing.”

However, he said, the current Texas Constitution specifically parcels out authority on various matters to other offices, “so the governor couldn’t tell those executives what to do.”

Second, McCown said, “he can’t order something to be done that violates the law. We have a process for making rules. It’s just as wrong for the governor to say ‘I’m not following the rule-making process; I’m just making a rule,’ as it would be for a judge to say, ‘I’m not holding a trial; I’m just finding you guilty.’ Because we have a whole process for making rules that includes public testimony, legislative input, and so on, and he’s just skipping all that.”

Rules, the former judge said, are intended to implement existing law, not expand it. That’s one reason, he said, that “the legislature requires a state agency to go through a careful process of evaluating its legal authority before adopting a rule.”

Republican Sen. Glenn Hegar of Katy has said he would withhold support for Perry’s re-appointment of Albert Hawkins as commissioner of health and human services until Hawkins explains how he would deal with the governor’s inoculation order.

Hegar also is concerned that the vaccine should not be used on pregnant women. “Does that mean the commissioner intends to require a pregnancy test for each of these young children before they receive the Gardasil HPV vaccine, or does he intend to put these children at undue risk instead?” he asked in a statement.

The battle over the HPV vaccine may be just beginning. But the fight against another Perry fiat has reached the courthouse as well as the legislature, and it’s being watched closely by folks all over the world.

Groups across the state are massing against the new coal-fired power plants that Perry has put on the fast track for approval. As with HPV, Perry last April issued an executive order that cut down on the time for public debate on the proposed plants — 19 in all. Critics in Texas and across the country believe that the plants will add dangerously to the state’s production of carbon dioxide, a key component in global warming. Texas already produces more carbon dioxide than any other state and most countries. TXU and other utilities have said the air-pollution effect of the plants will be neutral.

Perry said in his recent speech that “power outages are just a few years away” if Texas doesn’t act to build more power plants — and that the new plants will reduce emissions. Environmentalists disagree vehemently.

Whether for that reason or others, a bipartisan Clean Air Caucus has sprung up this year in the Legislature, with 39 of 150 House members, Republicans and Democrats, signed up thus far. Its purpose is to protect public health and the business climate, meet federal clean-air standards, encourage renewable resources, and closely analyze the permitting process for large emission generators — presumably, including the coal plants being pushed by TXU and other utilities. State Rep. Lon Burnam of Fort Worth has filed a bill to create a task force to study global warming in Texas.

Burnam is also one of a bipartisan group of co-sponsors of House Concurrent Resolution 34, authored by Rep. Charles “Doc” Anderson of Waco, that urges the Texas Commission on Environmental Quality to place a 180-day moratorium on the coal-fired plants.

Proposals like the coal-plant push and the HPV vaccine order have helped create Republican-Democrat coalitions that the governor probably wasn’t talking about when he made a plea for bipartisanship toward the end of his state-of-the-state speech. He asked that listeners put aside past disputes to “choose the high road of unity rather than the easy course of cynicism.”

That’s a tall order for the considerable number of Democrats who remember that in 2003, in addition to the stingy spending that threw hundreds of thousands of kids off CHIP and shorted the schools, it was Perry who called three special sessions on congressional redistricting, designed to punish well-seasoned Democratic members of Congress. They remember that it has been Perry, with lots of campaign contributions from multimillionaire school voucher supporter James Leininger of San Antonio, who has been advocating that state school money be spent on private school vouchers, despite the fact that most of the Democratic legislators and a sizable number of Republicans oppose vouchers for fear they’ll drain resources and good students from public schools. And it’s even tougher when many of them suspect that many of the current gargantuan controversies they and the rest of Texas are wrestling with — HPV, the toll roads, the coal plants, school funding, and the rest — are at least partly window dressing for a vice-presidential bid.

Despite the flurry of speculation, Perry spokesman Robert Black said the governor has no eyes on the VP prize. “He’s not interested,” Black said. “I don’t know how he can say that any better. He’s said he doesn’t like Washington. There’s a lot more talk about that outside the governor’s office than inside it.” As for all the governor’s recent initiatives, Black said they’re not unusual. “This state-of-the-state wasn’t any more or less ambitious than previous ones — just maybe different.”

In January 2006, Perry was asked, and declined to say, whether he would serve his full four-year term if re-elected. The following month, he made a trip to Washington, D.C., ostensibly to seek more federal aid to Texas, but also to see and be seen by national power brokers.

As if he didn’t have enough on his plate in Texas, Perry lately has started sounding interested in political problems around the globe. After all, one feather often needed for a national-ticket headdress is some familiarity with foreign affairs. In his inaugural speech in January, Perry mentioned Israel, Iraq, the Middle East, the Sudan, Asia, Africa, Europe, and Latin America — and, of course, Mexico. Then in the speech this month, the governor decided to join others in “protesting the ethnic genocide occurring in Darfur by calling on the state of Texas to divest of companies doing business in Sudan.”

Don’t be too surprised if Perry visits some or all of those places over the next several months. Just sightseeing, of course.

Even with Perry kissing issues like vaccines and tax cuts and power plants like so many babies held out to him on the campaign trail, ponder his chances in 2008:

He was re-elected in November with just 39 percent of the vote, in a state the Republicans think they’ll carry anyway, at a time when Americans seem to have had their fill of politicians from Texas.

And if Republicans thought they did need a Texan on the presidential ticket, might not U.S. Sen. Kay Bailey Hutchison, with 13 years experience in national issues, stand a better chance for a post-primary selection as a VP candidate?

Somewhere around June of 2008, if he’s still holding down the job, Perry will break the record for most consecutive years as Texas governor, which now stands at eight years. (Four of his predecessors have served six years — though the total service of the fourth, one George W. Bush, was short a month of that becau Dave McNeely covered Texas politics for the Austin American-Statesman for 26 years. He continues to write a weekly newspaper column and is co-writing a book on the late Lt. Gov. Bob Bullock with former Dallas Times-Herald writer Jim Henderson. You can contact him at dmcneely@austin.rr.com.se he resigned in December 2000 to accept the presidency, leaving the governor’s mansion open for Perry.) In late December 2008, he’d set a new record for total years served.

Perry could get to follow Bush’s path to Washington. Or he may get to break those records and serve a full 10 years in the governor’s office — whether he wants to or not.

Dave McNeely covered Texas politics for the Austin American-Statesman for 26 years. He continues to write a weekly newspaper column and is co-writing a book on the late Lt. Gov. Bob Bullock with former Dallas Times-Herald writer Jim Henderson. You can contact him at dmcneely@austin.rr.com.

Williamson's arrogance appalling during in an unexpected appearance by Carona in HOUSE Transportation Committee Meeting

Link to video of exchange here. Link to Express-News blog here. Link to Statesman blog here.

This event was also reported in the Quorum Report and Texas Eagle Forum email alert. It’s safe to say, the Transportation Commissioner isn’t winning any respect or friends with his behavior. Carona is correct…the Legislature and hence the PEOPLE of Texas are his boss, not Governor Perry!

Talk about disrespect to the Senator charged with oversight over TxDOT and their legislative agenda…Willamson can’t show any greater disrespect to Senator Carona than he did quite publicly today in the House Transportation Committee meeting. Krusee is made to look like the hero “above the fray” in the Statesman piece, but Ben Wear ought to portray him for what he is, a first class boot licker! If this doesn’t demonstrate the total abject elitist snobbery over at TxDOT and at the Governor’s office, I dont’ know what would. Williamson thinks he answers to no one but the toll lobby and his conflict-of-interest laden, corrupt dictator of a Governor, Rick Perry. Read today’s article in the Dallas Morning News and nuf said. Sound and Fury
By Ben Wear
Austin American Statesman
February 13, 2007

Perhaps it signified nothing, other than to confirm that state Sen. John Carona and Texas Transportation Commission chairman Ric Williamson won’t be on each other’s Christmas card list this year.

But it was certainly an unusually frank and open discussion, as they say in diplomatic circles, that the two transportation leaders had today.

Williamson was the star witness before the House Transportation Committee this morning, invited there by the committee chairman, state Rep. Mike Krusee, to make his case about the state’s transportation funding shortfall and the Perry administration’s toll-centric approach to addressing it. Then Carona, a Dallas Republican who chairs the Senate Transportation and Homeland Security Committee, showed up.

Following legislative protocol, Krusee, R-Williamson County, invited his opposite number from the Senate side to sit in with the committee. Carona has called for Williamson’s ouster from the commission, by the way, and has filed a number of bills averse to Perry’s and Williamson’s transportation policy.

Granted the floor, Carona said that he’d tried to get on Williamson’s calendar and had been told it was full into March. So, he asked Williamson, will you commit here and now to meet with me this week? “You are a clever guy,” Williamson said, trying to keep the moment light. “I look forward to meeting with you.” Yes, but will you meet this week, Carona pressed? Williamson was non-committal. They went around the track a couple more times in this way, then Carona dropped the pretense of collegiality. Williamson was “arrogant,” he said, and engaging in “artful dodging.” A final time, he asked for a meeting this week.

Williamson paused. “Frankly Senator,” he said finally, “I’m speechless.”

Carona left shortly thereafter and the hearing continued. Krusee and state Rep. Fred Hill, R-Richardson, later offered words of apology to Williamson for the episode, and Krusee quickly called Carona to set up a meeting. A meeting between Krusee and Carona, that is.

“I think we’re all better off when we’re discussing policy, and not personalities,” Krusee said after the meeting. He said that would be his message for Carona.

This session is shaping up as a rough one for the Texas Department of Transportation. Several senators last week gave agency officials a good grilling in the Senate Finance Committee, and Carona has sponsored a number of bills averse to the Perry/Williamson way of doing things. If nothing changes, this may be a session marked by the House passing its transportation bills, the Senate passing its own, and then all of the legislation ending up in a crumpled heap in the Rotunda.