TURF gets time and freedom to develop its case against TxDOT's taxpayer funded lobbying

Link to article here.

Toll road opponents given more time
Express-News
10/18/2007

AUSTIN — Activists targeting a Texas Department of Transportation toll-road campaign got some extra time to develop their case from a state judge Thursday.
The state attorney general’s office, representing TxDOT, wanted state District Judge Orlinda Naranjo of Travis County to dismiss the case, which seeks to stop state spending on the Keep Texas Moving campaign and on any toll-road lobbying efforts by the agency.

Terri Hall of Texans Uniting for Reform and Freedom, who brought the case, contends the Keep Texas Moving campaign violates a state prohibition on state officers or employees using their authority for political purposes.

The state says it is acting legally. It also says Hall doesn’t have standing to bring the lawsuit and that work is completed on the campaign’s current phase anyway, so the lawsuit is moot.

Hall’s group says it wants to prevent planned future expenditures.

Naranjo agreed to a 90-day continuance sought by the group, which wants to gather more documents from the state agency and possibly take depositions from officials, said its lawyer, Charles Riley.

TURF gets time and freedom to develop its case against TxDOT’s taxpayer funded lobbying

Link to article here.

Toll road opponents given more time
Express-News
10/18/2007

AUSTIN — Activists targeting a Texas Department of Transportation toll-road campaign got some extra time to develop their case from a state judge Thursday.
The state attorney general’s office, representing TxDOT, wanted state District Judge Orlinda Naranjo of Travis County to dismiss the case, which seeks to stop state spending on the Keep Texas Moving campaign and on any toll-road lobbying efforts by the agency.

Terri Hall of Texans Uniting for Reform and Freedom, who brought the case, contends the Keep Texas Moving campaign violates a state prohibition on state officers or employees using their authority for political purposes.

The state says it is acting legally. It also says Hall doesn’t have standing to bring the lawsuit and that work is completed on the campaign’s current phase anyway, so the lawsuit is moot.

Hall’s group says it wants to prevent planned future expenditures.

Naranjo agreed to a 90-day continuance sought by the group, which wants to gather more documents from the state agency and possibly take depositions from officials, said its lawyer, Charles Riley.

TURF prevails, lawsuit moves forward, allows depositions of TxDOT's top brass

IMMEDIATE RELEASE

TURF prevails as Judge grants continuance, allows discovery
TURF attorneys may depose top TxDOT officials

Austin, TX – Thursday, October 18, 2007 – In Travis County District Court today, Judge Orlinda Naranjo granted Texans Uniting for Reform and Freedom (TURF) a continuance allowing TURF to move to the discovery phase and depose top Transportation Department (TxDOT) officials, including Transportation Commission Chairman Ric Williamson himself. Allowing discovery is vital for TURF to force TxDOT to hand over key documents that they’ve been withholding via Open Records requests. TURF is seeking to immediately halt the illegal advertising campaign and lobbying by TxDOT (read petition here).

The State was attempting to throw us out of court with their favorite “get out of jail free” card (called the plea to the jurisdiction), but TURF’s attorneys, Charlie Riley, David Van Os, and Andrew Hawkins outmaneuvered Attorney General counsel Kristina Silcocks to file a motion for a continuance to allow TURF to move to the discovery phase to gather evidence to show TxDOT’s top brass broke the law with the Keep Texas Moving (KTM) ad campaign and lobbying Congress to buyback interstates.

“This is a great victory for Texas taxpayers!” an elated Terri Hall, TURF’s Founder and Executive Director proclaimed. “This egregious misuse of $9 million of taxpayer money by a rogue government agency is one MAJOR step closer to being stopped.”

The tide seemed to turn when Riley showed the affidavit by TxDOT’s Helen Havelka was false. TURF uncovered this August 13, 2007 memo by Coby Chase (read it here) through an Open Records request showing the Keep Texas Moving campaign was not over and in fact it has multiple phases planned with the next one fashioned to influence the upcoming Trans Texas Corridor TTC-69 NEPA (National Environmental Policy Act) hearings planned for early 2008.

With a clear attempt to mislead the court by causing Judge Naranjo and the public to believe the KTM Campaign was over when in fact it isn’t, the State’s credibility and case went downhill from there.

“I wonder what TxDOT’s top brass is saying tonight as they’re being informed they’ve now been added as defendants and may be deposed under oath about their lobbying and ad campaign activities,” pondered Hall. “My guess is the phones are ringing and the paper shredders may just get fired-up.”

This lawsuit is brought pursuant to § 37, Texas Civil Practice and Remedies Code. TxDOT’s expenditure of public funds for the Keep Texas Moving campaign is illegal, and an injunction prohibiting any further illegal expenditures in this regard.TxDOT has violated § 556.004 of the Texas Government Code by directing the expenditure of public funds for political advocacy in support of toll roads and the Trans Texas Corridor, and have directly lobbied the United States Congress in favor of additional toll road programs as evidenced in its report, Forward Momentum.

On Monday, September 24, Judge Naranjo did not initially grant a temporary restraining order (TRO). TxDOT unearthed a law that says they can advertise toll roads (Sec 228.004 of Transportation Code) and the citizens invoked another that says they can’t (Chapter 556, Texas Government Code). The burden to obtain a TRO is higher than for an injunction.

“TxDOT is waging a one-sided political ad campaign designed to sway public opinion in favor of the policy that puts money in TxDOT’s own coffers. School Boards cannot lobby in favor of their own bond elections, and yet TxDOT cites its own special law to line their own pockets at taxpayers’ expense,” says an incredulous Terri Hall, Founder/Director of TURF.

Hall also notes that TxDOT’s campaign goes beyond mere advertising, “It’s propaganda and in some cases, the ads blatantly lie to the public! In one radio ad, scroll down to radio ad “continuing maintenance”), it claims it’s not signing contracts with non-compete agreements in them and yet last March TxDOT inked a deal with Cintra-Zachry for SH 130 (read about it here) that had a non-compete clause (which either prohibits or financially punishes the State for building competing infrastructure with a toll road).”

On August 22, 2007, TURF filed a formal complaint with Travis County District Attorney Ronnie Earle to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here. The petition seeks immediate injunctive relief in a civil proceeding.

Amended petition

Motion for continuance

Request for production

Supplemental affidavit

Response to plea to the jurisdiction

-30-

TURF prevails, lawsuit moves forward, allows depositions of TxDOT’s top brass

IMMEDIATE RELEASE

TURF prevails as Judge grants continuance, allows discovery
TURF attorneys may depose top TxDOT officials

Austin, TX – Thursday, October 18, 2007 – In Travis County District Court today, Judge Orlinda Naranjo granted Texans Uniting for Reform and Freedom (TURF) a continuance allowing TURF to move to the discovery phase and depose top Transportation Department (TxDOT) officials, including Transportation Commission Chairman Ric Williamson himself. Allowing discovery is vital for TURF to force TxDOT to hand over key documents that they’ve been withholding via Open Records requests. TURF is seeking to immediately halt the illegal advertising campaign and lobbying by TxDOT (read petition here).

The State was attempting to throw us out of court with their favorite “get out of jail free” card (called the plea to the jurisdiction), but TURF’s attorneys, Charlie Riley, David Van Os, and Andrew Hawkins outmaneuvered Attorney General counsel Kristina Silcocks to file a motion for a continuance to allow TURF to move to the discovery phase to gather evidence to show TxDOT’s top brass broke the law with the Keep Texas Moving (KTM) ad campaign and lobbying Congress to buyback interstates.

“This is a great victory for Texas taxpayers!” an elated Terri Hall, TURF’s Founder and Executive Director proclaimed. “This egregious misuse of $9 million of taxpayer money by a rogue government agency is one MAJOR step closer to being stopped.”

The tide seemed to turn when Riley showed the affidavit by TxDOT’s Helen Havelka was false. TURF uncovered this August 13, 2007 memo by Coby Chase (read it here) through an Open Records request showing the Keep Texas Moving campaign was not over and in fact it has multiple phases planned with the next one fashioned to influence the upcoming Trans Texas Corridor TTC-69 NEPA (National Environmental Policy Act) hearings planned for early 2008.

With a clear attempt to mislead the court by causing Judge Naranjo and the public to believe the KTM Campaign was over when in fact it isn’t, the State’s credibility and case went downhill from there.

“I wonder what TxDOT’s top brass is saying tonight as they’re being informed they’ve now been added as defendants and may be deposed under oath about their lobbying and ad campaign activities,” pondered Hall. “My guess is the phones are ringing and the paper shredders may just get fired-up.”

This lawsuit is brought pursuant to § 37, Texas Civil Practice and Remedies Code. TxDOT’s expenditure of public funds for the Keep Texas Moving campaign is illegal, and an injunction prohibiting any further illegal expenditures in this regard.TxDOT has violated § 556.004 of the Texas Government Code by directing the expenditure of public funds for political advocacy in support of toll roads and the Trans Texas Corridor, and have directly lobbied the United States Congress in favor of additional toll road programs as evidenced in its report, Forward Momentum.

On Monday, September 24, Judge Naranjo did not initially grant a temporary restraining order (TRO). TxDOT unearthed a law that says they can advertise toll roads (Sec 228.004 of Transportation Code) and the citizens invoked another that says they can’t (Chapter 556, Texas Government Code). The burden to obtain a TRO is higher than for an injunction.

“TxDOT is waging a one-sided political ad campaign designed to sway public opinion in favor of the policy that puts money in TxDOT’s own coffers. School Boards cannot lobby in favor of their own bond elections, and yet TxDOT cites its own special law to line their own pockets at taxpayers’ expense,” says an incredulous Terri Hall, Founder/Director of TURF.

Hall also notes that TxDOT’s campaign goes beyond mere advertising, “It’s propaganda and in some cases, the ads blatantly lie to the public! In one radio ad, scroll down to radio ad “continuing maintenance”), it claims it’s not signing contracts with non-compete agreements in them and yet last March TxDOT inked a deal with Cintra-Zachry for SH 130 (read about it here) that had a non-compete clause (which either prohibits or financially punishes the State for building competing infrastructure with a toll road).”

On August 22, 2007, TURF filed a formal complaint with Travis County District Attorney Ronnie Earle to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here. The petition seeks immediate injunctive relief in a civil proceeding.

Amended petition

Motion for continuance

Request for production

Supplemental affidavit

Response to plea to the jurisdiction

-30-

Rep. Ken Paxton calls for investigation of TxDOT's ad campaign

September 26, 2007
For Immediate Release

Representative Ken Paxton Issues a Statement Regarding the Use of Public Money for Advertising Government Programs

“The Texas Department of Transportation has recently been called into question for spending taxpayer money promoting the TransTexas Corridor and other projects. While I appreciate the Department’s efforts to share with the public information regarding its initiatives, I believe the Legislature has a responsibility to ensure that state resources are spent efficiently. For this reason, I have requested an interim charge to research the use of public money for advertising government programs, as I believe the government should not spend the money raised from taxpayers to lobby the public.” -State Representative Ken Paxton, District 70.

Rep. Ken Paxton calls for investigation of TxDOT’s ad campaign

September 26, 2007
For Immediate Release

Representative Ken Paxton Issues a Statement Regarding the Use of Public Money for Advertising Government Programs

“The Texas Department of Transportation has recently been called into question for spending taxpayer money promoting the TransTexas Corridor and other projects. While I appreciate the Department’s efforts to share with the public information regarding its initiatives, I believe the Legislature has a responsibility to ensure that state resources are spent efficiently. For this reason, I have requested an interim charge to research the use of public money for advertising government programs, as I believe the government should not spend the money raised from taxpayers to lobby the public.” -State Representative Ken Paxton, District 70.

No restraining order, but case to STOP TxDOT's lobbying moves forward

Link to AP article here.

Also, another article and our press release below…

Judge denies activist’s request to stop toll road campaign
The Associated Press as it appeared in the Star-Telegram
September 25, 2007

Related Content

A judge has refused a toll road opponent’s request to block the Texas Department of Transportation from spending money on a campaign that promotes toll roads and the Trans-Texas Corridor.

Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom argued the “Keep Texas Moving” campaign violates a prohibition on state officials using their authority for political purposes.

On Monday, State District Judge Orlinda Naranjo denied Hall’s request for a temporary restraining order. The judge noted another law cited by state lawyers that allows the department to promote the development and use of toll projects.

“It seems that the Legislature has weighed in and given the department the authority to promote toll roads,” Naranjo said.

Another hearing is expected soon on the state’s motion to dismiss the case. The state contends that it’s legal for the transportation department to promote toll roads and that the agency is responding to calls for public education about its projects.

Hall’s lawsuit also seeks to block transportation officials from lobbying Congress to allow more tolling.

“This is just round one,” Hall said Monday. “This issue is definitely not over.”

Her attorney, Charles Riley, said the facts will show that the agency is using highway funds for a political purpose, and not just for providing information about toll roads.

Gov. Rick Perry and the transportation department have championed toll roads and the proposed Trans-Texas Corridor, a tolled network of superhighways, as solutions to dire transportation needs that have outpaced gas tax revenues.

A department spokesman said he had no comment on Monday’s ruling and referred to earlier statements defending the department’s right to promote toll roads.

______________________________

Link to article here.
Activist loses bid to halt toll-road ads
Peggy Fikac
Express-News, Austin bureau
09/25/2007

AUSTIN — A San Antonio activist lost a court round Monday in her effort to stop state transportation officials from spending public funds to promote toll roads and the Trans-Texas Corridor, but the fight’s not over.

State District Judge Orlinda Naranjo refused to grant a temporary restraining order to immediately stop the spending as sought by Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom.

Another hearing is expected as early as next week on a state motion to dismiss the case, which targets the multimillion-dollar Keep Texas Moving campaign and any attempt by transportation officials to convince Congress to allow more tolling.

“This is just Round One. This issue is definitely not over,” said Hall, contending that transportation officials in promoting the initiatives are violating a ban on using their authority for political purposes and on lobbying.

Naranjo noted that another law cited by the state specifically allows the Texas Department of Transportation to promote the use of toll projects.

___________________________________
IMMEDIATE RELEASE

No restraining order issued
Hearing on injunction still to come

Monday, September 24, 2007 – In Travis County District Court today, Judge Orlinda Naranjo did not grant a temporary restraining order (TRO) to immediately halt the Texas Department of Transportation’s Keep Texas Moving ad campaign. TxDOT unearthed a law that says they can advertise toll roads (Sec 228.004 of Transportation Code) and the citizens invoked another that says they can’t (Chapter 556, Texas Government Code). TURF and its Founder Terri Hall, sought a temporary restraining order against the Texas Department of Transportation (TxDOT) to stop its political advertising and lobbying, but the burden to obtain a TRO is higher than for an injunction.

The defendants counsel in the Attorney General’s office, Kristina Silcocks, presented no evidence and was unprepared to argue potential damages to the State if a TRO was granted. Judge Naranjo seemed incredulous at such a shoddy case, but not incredulous enough to grant the TRO.

“The citizens will fight on. TxDOT is waging a one-sided political ad campaign designed to sway public opinion in favor of the policy that puts money in TxDOT’s own coffers. School Boards cannot lobby in favor of their own bond elections, and yet TxDOT has its own special law that may allow them to get away with such a blatant conflict of interest,” says an incredulous Hall.

Hall also notes that TxDOT’s campaign goes beyond mere advertising, “It’s propaganda and in some cases, the ads blatantly lie to the public! In one radio ad (scroll down to radio ad “continuing maintenance”), it claims it’s not signing contracts with non-compete agreements in them and yet last March TxDOT inked a deal with Cintra-Zachry for SH 130 (read about it here.) that had a non-compete clause (which either prohibits or financially punishes the State for building competing infrastructure with a toll road).”

The next step is a hearing on the State’s plea to the jurisdiction, likely to happen next week. Then if TURF gets past that hurdle, a hearing for the injunction will be set.

TURF will keep the press advised as to the next hearing date.

-30-

No restraining order, but case to STOP TxDOT’s lobbying moves forward

Link to AP article here.

Also, another article and our press release below…

Judge denies activist’s request to stop toll road campaign
The Associated Press as it appeared in the Star-Telegram
September 25, 2007

Related Content

A judge has refused a toll road opponent’s request to block the Texas Department of Transportation from spending money on a campaign that promotes toll roads and the Trans-Texas Corridor.

Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom argued the “Keep Texas Moving” campaign violates a prohibition on state officials using their authority for political purposes.

On Monday, State District Judge Orlinda Naranjo denied Hall’s request for a temporary restraining order. The judge noted another law cited by state lawyers that allows the department to promote the development and use of toll projects.

“It seems that the Legislature has weighed in and given the department the authority to promote toll roads,” Naranjo said.

Another hearing is expected soon on the state’s motion to dismiss the case. The state contends that it’s legal for the transportation department to promote toll roads and that the agency is responding to calls for public education about its projects.

Hall’s lawsuit also seeks to block transportation officials from lobbying Congress to allow more tolling.

“This is just round one,” Hall said Monday. “This issue is definitely not over.”

Her attorney, Charles Riley, said the facts will show that the agency is using highway funds for a political purpose, and not just for providing information about toll roads.

Gov. Rick Perry and the transportation department have championed toll roads and the proposed Trans-Texas Corridor, a tolled network of superhighways, as solutions to dire transportation needs that have outpaced gas tax revenues.

A department spokesman said he had no comment on Monday’s ruling and referred to earlier statements defending the department’s right to promote toll roads.

______________________________

Link to article here.
Activist loses bid to halt toll-road ads
Peggy Fikac
Express-News, Austin bureau
09/25/2007

AUSTIN — A San Antonio activist lost a court round Monday in her effort to stop state transportation officials from spending public funds to promote toll roads and the Trans-Texas Corridor, but the fight’s not over.

State District Judge Orlinda Naranjo refused to grant a temporary restraining order to immediately stop the spending as sought by Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom.

Another hearing is expected as early as next week on a state motion to dismiss the case, which targets the multimillion-dollar Keep Texas Moving campaign and any attempt by transportation officials to convince Congress to allow more tolling.

“This is just Round One. This issue is definitely not over,” said Hall, contending that transportation officials in promoting the initiatives are violating a ban on using their authority for political purposes and on lobbying.

Naranjo noted that another law cited by the state specifically allows the Texas Department of Transportation to promote the use of toll projects.

___________________________________
IMMEDIATE RELEASE

No restraining order issued
Hearing on injunction still to come

Monday, September 24, 2007 – In Travis County District Court today, Judge Orlinda Naranjo did not grant a temporary restraining order (TRO) to immediately halt the Texas Department of Transportation’s Keep Texas Moving ad campaign. TxDOT unearthed a law that says they can advertise toll roads (Sec 228.004 of Transportation Code) and the citizens invoked another that says they can’t (Chapter 556, Texas Government Code). TURF and its Founder Terri Hall, sought a temporary restraining order against the Texas Department of Transportation (TxDOT) to stop its political advertising and lobbying, but the burden to obtain a TRO is higher than for an injunction.

The defendants counsel in the Attorney General’s office, Kristina Silcocks, presented no evidence and was unprepared to argue potential damages to the State if a TRO was granted. Judge Naranjo seemed incredulous at such a shoddy case, but not incredulous enough to grant the TRO.

“The citizens will fight on. TxDOT is waging a one-sided political ad campaign designed to sway public opinion in favor of the policy that puts money in TxDOT’s own coffers. School Boards cannot lobby in favor of their own bond elections, and yet TxDOT has its own special law that may allow them to get away with such a blatant conflict of interest,” says an incredulous Hall.

Hall also notes that TxDOT’s campaign goes beyond mere advertising, “It’s propaganda and in some cases, the ads blatantly lie to the public! In one radio ad (scroll down to radio ad “continuing maintenance”), it claims it’s not signing contracts with non-compete agreements in them and yet last March TxDOT inked a deal with Cintra-Zachry for SH 130 (read about it here.) that had a non-compete clause (which either prohibits or financially punishes the State for building competing infrastructure with a toll road).”

The next step is a hearing on the State’s plea to the jurisdiction, likely to happen next week. Then if TURF gets past that hurdle, a hearing for the injunction will be set.

TURF will keep the press advised as to the next hearing date.

-30-

TURF/SA Toll Party Founder sues to stop TxDOT's ad campaign

Link to article here. Once again, TxDOT just doesn’t get it. Until a court order gets their attention, TxDOT is paid to overlook the LAW while it promotes the MOST EXPENSIVE TAX INCREASE IN TEXAS HISTORY using taxpayers’ money to do it! They think if they keep talking AT us, we’ll eventually embrace unaccountable toll taxes. We’ve already gotten the message and we REJECT it! Get it through your thick heads! WE DO NOT WANT TOLL ROADS!

Toll road foe sues over TxDOT ad campaign
Peggy Fikac
Express-News, Austin Bureau
09/20/2007

AUSTIN — An activist outraged over state transportation officials’ multimillion-dollar campaign to promote toll roads and the Trans-Texas Corridor is taking her fight to court.Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom wants a state court order to halt spending on the “Keep Texas Moving” campaign because, she contends, it violates a state prohibition on state officers or employees using their authority for political purposes.

“Unlike purely educational public relations efforts such as the ‘Don’t Mess with Texas’ campaign, the KTM campaign is a one-sided attempt to advocate one political point of view on a highly controversial matter that is far from politically decided,” Hall said in her court petition.

She also wants to block lobbying attempts by the transportation officials to persuade Congress to allow more tolling, such as a proposal on tolling interstates.

The state is asking that Hall’s claim be denied and her petition dismissed, saying the Texas Department of Transportation is allowed by law to promote toll projects and that its campaign is responsive to a call from the public and elected officials for more information on road initiatives.

“Merely because plaintiff disagrees with the tolling of roads in Texas does not provide her with an avenue for relief,” said the filing by the state attorney general on behalf of Steven Simmons, interim executive director of TxDOT, and Coby Chase, director of the agency’s government and public affairs division.

TxDOT spokesman Chris Lippincott said, “For quite some time now TxDOT has heard calls from elected leaders and the driving public to explain what we are doing to improve mobility in our state and why we are doing it. The ‘Keep Texas Moving’ public involvement campaign is an effort to engage Texans on these issues and seek their participation in solving some of our state’s most serious problems.”

A hearing had been scheduled Thursday, but the state objected to the case being heard by a visiting judge. The hearing was delayed until Monday.

“Selling toll roads like soap is an outrageous use of the taxpayers’ money. Whether or not it constitutes highway robbery under the law is a question best left to the judge,” said Craig McDonald of Texans for Public Justice, which tracks money in politics.

Toll roads and the ambitious proposed transportation network known as the Trans-Texas Corridor have been touted by Gov. Rick Perry and others as necessary in the face of congestion.

But the initiative has drawn widespread criticism over the potential corridor route and the state partnering with private companies to run toll roads.

The campaign includes a range of advertising and elements, such as training for officials who will appear on radio talk shows. It is estimated to cost $7 million to $9 million in state highway funds.

TURF/SA Toll Party Founder sues to stop TxDOT’s ad campaign

Link to article here. Once again, TxDOT just doesn’t get it. Until a court order gets their attention, TxDOT is paid to overlook the LAW while it promotes the MOST EXPENSIVE TAX INCREASE IN TEXAS HISTORY using taxpayers’ money to do it! They think if they keep talking AT us, we’ll eventually embrace unaccountable toll taxes. We’ve already gotten the message and we REJECT it! Get it through your thick heads! WE DO NOT WANT TOLL ROADS!

Toll road foe sues over TxDOT ad campaign
Peggy Fikac
Express-News, Austin Bureau
09/20/2007

AUSTIN — An activist outraged over state transportation officials’ multimillion-dollar campaign to promote toll roads and the Trans-Texas Corridor is taking her fight to court.Terri Hall of the San Antonio Toll Party and Texans Uniting for Reform and Freedom wants a state court order to halt spending on the “Keep Texas Moving” campaign because, she contends, it violates a state prohibition on state officers or employees using their authority for political purposes.

“Unlike purely educational public relations efforts such as the ‘Don’t Mess with Texas’ campaign, the KTM campaign is a one-sided attempt to advocate one political point of view on a highly controversial matter that is far from politically decided,” Hall said in her court petition.

She also wants to block lobbying attempts by the transportation officials to persuade Congress to allow more tolling, such as a proposal on tolling interstates.

The state is asking that Hall’s claim be denied and her petition dismissed, saying the Texas Department of Transportation is allowed by law to promote toll projects and that its campaign is responsive to a call from the public and elected officials for more information on road initiatives.

“Merely because plaintiff disagrees with the tolling of roads in Texas does not provide her with an avenue for relief,” said the filing by the state attorney general on behalf of Steven Simmons, interim executive director of TxDOT, and Coby Chase, director of the agency’s government and public affairs division.

TxDOT spokesman Chris Lippincott said, “For quite some time now TxDOT has heard calls from elected leaders and the driving public to explain what we are doing to improve mobility in our state and why we are doing it. The ‘Keep Texas Moving’ public involvement campaign is an effort to engage Texans on these issues and seek their participation in solving some of our state’s most serious problems.”

A hearing had been scheduled Thursday, but the state objected to the case being heard by a visiting judge. The hearing was delayed until Monday.

“Selling toll roads like soap is an outrageous use of the taxpayers’ money. Whether or not it constitutes highway robbery under the law is a question best left to the judge,” said Craig McDonald of Texans for Public Justice, which tracks money in politics.

Toll roads and the ambitious proposed transportation network known as the Trans-Texas Corridor have been touted by Gov. Rick Perry and others as necessary in the face of congestion.

But the initiative has drawn widespread criticism over the potential corridor route and the state partnering with private companies to run toll roads.

The campaign includes a range of advertising and elements, such as training for officials who will appear on radio talk shows. It is estimated to cost $7 million to $9 million in state highway funds.