HB 2861 Record Vote

Those who voted to hand 19 TX roads to private, foreign toll operators are:
Yeas 51 — Allen; Alonzo; Alvarado; Are´valo; Blanco; Burkett; Button; Coleman; Collier; Cortez; Elkins; Farrar; Flynn; Geren; Giddings; Gooden; Guerra; Gutierrez; Hernandez; Howard; Huberty; Israel; Johnson, E.; King, K.; King, P.; Koop; Longoria; Lucio; Martinez; Moody; Morrison; Murphy; Neave; Oliveira; Ortega; Perez; Phillips; Raymond; Rodriguez, E.; Rodriguez, J.; Rose; Sheffield; Shine; Smithee; Thompson, E.; Thompson, S.; Turner; Uresti; Villalba; Walle; Workman.

 

Taxpayer champions who voted against are:
Nays 82 — Anderson, C.; Anderson, R.; Bailes; Bell; Biedermann; Bohac; Bonnen, D.; Bonnen, G.; Burns; Burrows; Cain; Canales; Capriglione; Clardy; Cosper; Craddick; Cyrier; Dale; Darby; Dean; Deshotel; Dukes; Dutton; Faircloth; Fallon; Frank; Frullo; Goldman; Gonzales; Gonza´lez; Hefner; Herrero; Holland; Hunter; Isaac; Kacal; Keough; King, T.; Klick; Krause; Lambert; Landgraf; Lang; Larson; Laubenberg; Leach; Lozano; Metcalf; Meyer; Miller; Mun˜oz; Murr; Neva´rez; Oliverson; Parker; Paul; Phelan; Pickett; Price; Raney; Reynolds; Rinaldi; Roberts; Romero; Schaefer; Schofield; Schubert; Shaheen; Simmons; Springer; Stephenson; Stickland; Stucky; Swanson; Thierry; Tinderholt; VanDeaver; White; Wilson; Wray; Zedler; Zerwas.

Absent, Excused — Anchia; Paddie; Wu.
Absent, Excused, Committee Meeting — Ashby; Davis, S.; Davis, Y.; Sanford.
Absent Unexcused — Bernal; Cook; Gervin-Hawkins; Guillen; Hinojosa; Johnson, J.; Kuempel; Minjarez; Vo.

Source: House Journal Recorded Vote

See press release: VICTORY: Grassroots KILL private toll bill, secure Abbott’s vision for toll-free future

VICTORY: Grassroots KILL private toll bill…

IMMEDIATE RELEASE
CONTACT: Terri Hall, (210) 275-0640

 

Defeat of private toll road bill affirms Abbott’s pledge to voters 
Promise to fix roads without new tolls or debt gets bipartisan support

(Austin, TX – Friday, May 5, 2017) Texas taxpayers can breathe a sigh of relief tonight as a bipartisan effort to defeat expansion of private toll roads in Texas went down in flames by a vote of 79-51 in the Texas House. Taxpayer champions Rep. Jeff Leach (R – Plano), Rep. Jonathan Stickland (R – Bedford), and Rep. Joe Pickett (D – El Paso) led the floor fight, noting 90% of Democrats and 95% of Republicans oppose new toll roads in Texas, and both party platforms oppose privatized toll roads in particular. Governor Greg Abbott promised to fix Texas roads without new tolls or debt, and the Texas House delivered on that promise today by killing Rep. Larry Phillips HB 2861.

Pickett and Stickland made impassioned speeches opposing the bill. Leach emphasized both party platforms oppose this type of toll project and that the voters just gave the Texas Department of Transportation (TxDOT) $5 billion a year in new funding by passing Proposition 1 and Proposition 7.

He asked the bill’s author, “Why do we need this bill now?”

Then Leach directly asked Pickett whether or not the House needed to pass HB 2861 to get the projects done, and he answered with a firm, ‘No.’

Stickland bluntly argued the reason why he’s now serving in the House is because his predecessor Todd Smith voted to turn 183 and 121 into toll roads that devastated his community. He intimated that voters took out their vengeance by electing a new representative.

“My constituents hate it,” asserted Stickland, referring to the privatized toll roads that run through Ft. Worth that are locked into 50 year contracts operated by Spain-based Cintra.

Pickett sounded the alarm about the need to draw a line in the sand, “If we don’t stop it now, it’s never going to stop.”

He warned that passage of HB 2861 would dig the debt-toll road sinkhole even deeper and told his colleagues that Prop 1 and Prop 7 expire, and they’re going to have to address the debt problem very soon. He also shared frustration that neither he nor the public has any idea where all this toll revenue is going. It lacks transparency and gets eaten up by the toll road bureaucracies, or in this case, the private entities the public cannot hold accountable.

“This is so people can make money,” contended Pickett.

Terri Hall, Founder and Director of Texans Uniting for Reform and Reform (TURF) and Texans for Toll-free Highways hailed the defeat of HB 2861, “A bipartisan coalition swept the Rick Perry-era of toll roads aside, and today we officially started the Abbott era that firmly opposes new toll roads, especially privatized toll roads that give an exclusive right to a single company to extract the highest possible toll from the traveling public for a half century at a time.”

JoAnn Fleming, Executive Director of Grassroots America – We the People agrees, “A broad coalition of groups across Texas made it clear that they would not tolerate the expansion of private toll roads and the corporate welfare they represent to continue to spread like a cancer across the Lone Star State. We applaud the work of our champions in the House and thank the Governor for his leadership in firmly setting a new course away from debt and toll roads and moving forward with a new fiscally responsible, sustainable future.”

Roads in HB 2861:
– I-35 in Austin, Dallas, and San Antonio
– I-45 in Houston
– Hwy 290 (Hempstead Tollway) Houston
– I-30 in Ft. Worth
– I-635 E in Dallas
– Loop 1604 in San Antonio
– 290 W in Austin (from MoPac to Oak Hill)
– South MoPac in Austin
– South Padre Island Second Access Causeway
– International Bridge Corridor Project
– Hidalgo County Loop project
– FM 1925 in Cameron & Hidalgo Counties
– Hwy 83 Hidalgo County
– Hwy 68 in Hidalgo County
– Outer Pkwy in Cameron County
– Loop 49 in Tyler (two projects)

Hall concludes, “Special interests continue to push these ‘innovative’ financing schemes despite the public opposition because private toll contracts and design-build procurements drive up the cost to build, putting more money into the pockets of road builders at great expense to Texas taxpayers. Our elected representatives just said, ‘No more.’ You’re not going to gouge our citizens just to get to work.”

See article: HB 2861 Record Vote

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Secret agreement handed private toll firm control of public roads

How sad that this happened just days before we celebrate Texas Indepenence Day, March 2.

City hands control over public roads to private firm
By Terri Hall
March 1, 2017

In a stunning betrayal of open government, the Cibolo City Council voted 6-0 to approve a 50 year development agreement with Texas Turnpike Corporation (TTC) granting it the exclusive right to build, operate and maintain what’s been dubbed the Cibolo Parkway — a tollway linking I-35 to I-10 through mostly rural farmland northeast of San Antonio. The agreement was negotiated behind closed doors and was kept secret from the public until it was approved last night.

Even worse, the city council gave TTC the rights to develop a project the taxpayers have already paid for, the expansion of FM 1103, the city’s primary connection to I-35. By doing so, they’ve granted a private corporation a virtual monopoly over the existing non-toll competitor to its private toll road. TTC can intentionally slow down the free option to force more cars onto its for-profit toll road by manipulating speed limits, access points, and stop lights. It’s a developer’s dream and a commuter’s worst nightmare.

The city tried to reassure residents there is no non-compete clause, prohibiting or penalizing the city from building any competing free roads. The agreement may still bind the Texas Department of Transportation (TxDOT) and the county from expanding free roads. But who knows since no member of the public could see it before the council voted on it? So while the city touts it’s protected taxpayers from a non-compete provision, it handed TTC control of the adjacent competing free lanes of FM 1103, achieving a form of a non-compete out the gate.

The agreement offers no way out for the city, except an eventual buy out opportunity after the road gets built. But those buy out agreements are just as thorny as these complex development contracts. Most private toll road developers require the public entity to pay them for any future loss in toll revenue, often making it more expensive to buy them out than the original cost to build it.

One has to wonder how any elected official could green light approval of a project before a toll feasibility study has been performed, the environmental review complete, or final route selected. It’s worse than putting the cart before the horse, it’s putting special interests above the public interest. The company insisted on having an irrevocable agreement in place with the city before it invested $10-$12 million for the feasibility study. Nice work if you can get it, but what about the taxpayer?

No formal public hearings were hosted by TxDOT to notify residents of the proposed project, so unless you happen to look at the city council agenda every two weeks, a resident had no way of knowing what just happened, much less have the ability to stop it since the majority of it was done behind closed doors with a private entity.

Throwing landowners under the bus
Cibolo has become a bedroom community of San Antonio, but before homes stacked the landscape, Cibolo’s roots were decidedly agricultural with farming and ranching dating back to Texas’ days as a republic. The mayor and council weren’t afraid to show their intentions when public discussion about this possible private toll road began to surface last year. Their primary interest is in economic development, which is code for flipping farmland into a commercial tax base. The city acted so desperate for new economic development, it signaled to TTC that it would sell out its current residents for the promise of a higher tax base from its new ones.

The southern boundary of the city that was most recently annexed occurred over the objection of many landowners. Now their worst fears have been realized as a private developer who cozied up to the mayor and council got himself an iron clad contract to mow them over and change their way of life. Roads are disruptive to the native landscape and often split farms in half. Many will not be able to continue farming or even have the ability to access the other side of their property without an overpass (built at the developer’s expense, which isn’t going to happen in most cases). That’s the city’s intent – to drive out the farmers and welcome in big box stores generating lots of sales tax for it to spend. New residents, more traffic, and, they hope, more riders for the toll road.

Eminent domain for private gain
The city has agreed to use eminent domain to take land from its residents and confer it to a private entity for private gain, not for a legitimate public use. While the road is open to the public (so is a mall or restaurant) if they pay a toll, this arrangement is for a private toll road whose corporation will use the city’s police force to become its private toll collector and speed enforcer.

John Crew Public WerksWhile the politicians argued eminent domain would only be used as a last resort, that’s the club TTC’s CEO John Crew needs to get landowners to sign over their land in negotiated settlements. We’ve seen it used prolifically — sign on the dotted line for the amount we’re offering or we’ll take it with eminent domain and pay you even less.

Numbers don’t add up
In town of just 25,000 residents, it’s hard to conceive of how any toll road could be profitable. The city must be banking on literally hundreds of thousands of new residents to make the numbers work. Cities with populations over a million and lots of urban congestion have toll roads that can’t pay for themselves. It just doesn’t add up that this little city will provide enough users to pay back $125 million plus interest, plus profit over 50 years. No elected official has any control over the eventual toll rates that will be charged. So there is no cap or limit. While the consultants tried to say the free market would keep rates in check, roads by their very nature are a monopoly. Just ask the residents in Ft. Worth and Dallas who are paying a private Spanish firm in excess of $20/day in tolls to get to work if they think that’s market rate or reasonable.

But numbers and data don’t matter. The city council seems to think they’re getting something for nothing — even if the toll road goes bankrupt, they get it back at a fire sale price. But the private company knows how to make money even when a toll road goes bankrupt. They put in very little of their own money and borrow the rest. The developer makes their money on the front end so that when it goes south, it’s the bond holders who are at risk, not the developer. If the road goes into bankruptcy, the road will remain operational, but control then gets handed to the bond investors in bankruptcy court where a bunch of the debt gets written down and off the books and the investors hire another operator, starting the process all over again. Control does not revert back to the public or the city. Only if the city exercises its buy out option would the residents get it back under public control.

Taxpayer money in play
The city manager and its lawyers bragged the city had no financial risk in the deal, yet, ironically, the city had to hire extra legal and engineering consultants to review the agreement, which is, of course, at taxpayer expense. There’s more to come since next up is negotiating the formal operating agreement. Policing of this private toll road will also be done by city police. While the developer is supposedly responsible for paying to hire the extra personnel, who is responsible for those public employees’ pensions, benefits, etc.? I’d bet money it’s the taxpayers. Who will collect the tolls and what enforcement does the private company have access to? If it’s anything like the SH 130 tollway, TxDOT does the toll collection and state law allows a user’s vehicle registration to be blocked for failure to play tolls, even when it’s for a private toll road.

The city, like TxDOT, loves to claim the road and right of way is still technically owned by the city and hence the public, but that’s only so the private toll company can use the public’s policing and enforcement powers for its for-profit toll enterprises. For tax purposes, these corporations show ownership and depreciate it like an asset.

Then there’s the tax money it would take to buy out the private developer at some point in the future. No matter how you slice it, Cibolo residents just got sold out by their elected officials. They’ve lost control of FM 1103, the ability to determine the toll rates, the route, the exits, the overpasses, the toll collection procedures, and a whole bunch more. Taxpayers will be paying for extra consultants and legal haggling for the foreseeable future. Accountability at the ballot box will now be your only recourse. Sadly, there are no remaining pain-free options.

Tolls aren’t necessary, do what the public voted for

Link to Op/Ed here.

Use Prop 1, Prop 7 funds to fix Loop 1604 without tolls
By Terri Hall
Founder, Texans for Toll-free Highways
February 28, 2017
San Antonio Express-News

Much in the same way taxpayers got the message about tolls being inevitable on US 281 and I-10, the Express-News editorial told our community, ‘Tolls are necessary, deal with it.’ Taxpayers don’t appreciate being told what to do, especially when it comes to the long arm of government reaching into our wallets. Contrary to the narrative, tolls are no longer a ‘user fee’ where only those who use the toll lanes pay for them. When $326 million in our gas taxes will be used to subsidize the construction of toll lanes inside Loop 1604, everyone will pay for them. But only the select few who can fork over up to $23 a day in tolls will be able to use them.

That’s right. The plan calls for dynamic tolling where the toll rate changes in real time and can reach the maximum during peak hours, which is $.50/mile. So if you need to drive all 23 miles during rush hour, you’re looking at $23/day in new toll taxes to use lanes your gas taxes helped pay to build. That’s double taxation and warrants a taxpayer revolt. Tolls, once imposed, tend to never disappear. If it’s one thing a government bureaucrat won’t give up, it’s an unaccountable revenue stream in the hands of unelected boards. They can always find a use for your money.

Local elected officials are banking on voters having a short memory. They want you to forget about passage of Prop 1 and Prop 7 that together with the end to most gas tax diversions will boost the highway fund nearly $5 billion more per year. A recent report states that an additional $80 billion in new road funds will be available in the next 10 years. Yet the Express-News says there’s still not enough money, and you miserly taxpayers should agree to a gas tax hike, tolls, and anything else they can dream up to steal your money, like the Alamo Regional Mobility Authority’s agenda to secure another hike in your vehicle registration fee. This is AFTER the $10 fee hike Bexar county elected officials got passed in 2013.

Let’s not forget Governor Greg Abbott’s campaign promise to fix our roads without raising taxes, fees, tolls, or debt. He unveiled his Texas Clear Lanes Initiative last year promising Prop 1 and Prop 7 funds would go to the most congested roads across the state. Yet the Alamo Area Metropolitan Planning Organization (AAMPO) chose to spend our community’s new funds on lower priority projects so that they can profit off of the congestion on the north side and impose tolls. In fact, Loop 1604 on the south and east side of town will get Loop 1604 expanded without tolls, while north side commuters are told ‘tolls are necessary, deal with it.’

Taxpayers should not stand for a targeted, discriminatory toll tax to be imposed on the north side against their will. The AAMPO votes on it March 27. Make your voices heard.

Keep Free Lanes Free Act filed by Taylor, Sanford

FOR IMMEDIATE RELEASE:

SENATOR VAN TAYLOR AND REPRESENTATIVE SCOTT SANFORD FILE LEGISLATION TO STOP PROLIFERATION OF TOLL ROADS

AUSTIN, TX – State Senator Van Taylor and State Representative Scott Sanford filed the Keep Free Lanes Free Act. Filed as S.B. 891 and H.B. 1311 respectively, these bills would prohibit the conversion of any free lanes into tolled or managed lanes.

Senator Taylor stated, “The people of Senate District 8 have spoken loud and clear that they are fed up with the excessive tolling that engulfs our communities. Tolls are just a tax by another name. The people’s tax dollars funded ‘free’ lanes to begin with and converting those lanes into tolls is simply government trying to orchestrate double tax.”

Representative Sanford added, “Tolls are extracting an additional tax on our families and businesses.  Collin County is surrounded by tolls, making us a gated community with one large transportation bill.”

Collin County represents the most heavily tolled county in Texas. In the 2016-2017 biennium, Texans pay an estimated $7,055,828,000 in gas tax. Divided by the estimated 27,862,596 Texans, every man, woman, and child accounts for about $126 per year in gas tax. Collin County residents pay an additional $288 million, or approximately $265 per man, woman, and child in tolls each year.

Senator Taylor continued, “The state should not force Collin County residents to front the infrastructure bill for the state and pay over triple the transportation tax compared to many other Texans. Over the course of a work life, the average commuter who uses a toll road twice a day in North Texas will pay over $100,000 in tolls. Collin County families could spend that money on buying a home, putting their children through college, or saving for retirement — not subsidizing the transportation needs for the rest of state.”

Over the past two sessions, the Texas Legislature approved historic transportation funding including: $1.3 billion by ending diversions from the Highway fund, $3.4 billion to date from Proposition 1 that passed in 2013, and an estimated minimum of $2.5 billion a year starting in 2018 from Proposition 7 which passed in 2015. Importantly, the Legislature accomplished this by prioritizing funding and not increasing taxes.

In 2014, the Collin County legislative delegation consisting of Senator Taylor and Representatives Jodie Laubenberg, Scott Sanford, Jeff Leach, Matt Shaheen and former Representative Scott Turner successfully blocked efforts to covert free lanes on US 75 into tolled lanes.

A seventh generation Texan, local small businessman, and decorated Marine Officer, Van Taylor serves the majority of Collin County and a portion of Dallas County in the Texas Senate where he is widely recognized as a conservative leader. Taylor serves as Vice-Chairman of the Sunset Advisory Commission and is also member of the Natural Resources and Economic Development, Education, Health and Human Services, Intergovernmental Affairs, and Nominations Committees. Van and his wife, Anne, married after his return from Iraq and are the proud parents of three young girls. Van and his family reside in Plano near the land his great-grandfather farmed during the Great Depression.

Representative Sanford is a life-long Texan, and a Baylor Bear for about half of that time. He earned BBA and MTax degrees, and maintains a CPA license in the State of Texas. His career path includes positions at Ernst & Young, and ownership in two franchise endeavors. Scott has served Cottonwood Creek Baptist Church in Allen, TX (formerly First Baptist Church in Fairview) since 1997 and is currently the Executive Pastor. He married Shelly Parks in 1987. They live in McKinney, the heart of the 70th House District. Their son, Ryan, graduated from McKinney Boyd High School. He is a sophomore at Baylor. Lauren, their daughter, is a junior at McKinney Christian Academy. Scott enjoys fishing, but likes catching even better. He is a water and snow skiing enthusiast, but not at the same time. In Austin he serves on the House of Representatives Urban Affairs Committee and the Human Services Committee.

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Huffines files bills to prevent double tax toll roads, hold toll agencies accountable

FOR IMMEDIATE RELEASE                                                       Contact: Brent Connett
January 27, 2017
SEN. HUFFINES FILES TRANSPORTATION REFORM & 
ACCOUNTABILITY BILLS
Senator Huffines pursues transparency, truth in taxation, and keeping Texans moving forward

AUSTIN — Senator Don Huffines (R-Dallas) today filed a package of bills to end toll roads and bring more accountability to the transportation dollars (taxpayers’ money) that are allocated by the state to Regional Mobility Authorities:

Senate Joint Resolution 35 and Senate Bill 639 – Ending Toll Expenditures out of the State Highway Fund
Senator Huffines stated, “Texans are tired of tolls. In 2013, the Legislature and voters worked together to pass Prop 1 – a much-needed surplus in transportation funding – with the condition that none of it be spent on toll roads. Then, in 2015, legislators and voters teamed up again to get even more transportation funding with Prop 7, and these funds are also restricted from toll usage. It’s time to finish the job by entirely closing the state’s major road funding account to toll roads. Texans are tired of the ever-creeping expansion of toll roads in our state. My district has been almost entirely swallowed by toll roads. It’s time for the state to end its dependency on tolls – that’s why I filed SJR 35 and SB 639, which will protect the state’s primary transportation infrastructure fund from being used on toll roads.”

Senate Bill 637 – Bringing Transparency to Regional Mobility Authorities
Senator Huffines stated, “The idea underpinning the creation of Regional Mobility Authorities (RMAs) – to deliver transportation projects at a local level was sound in theory, but has been deeply flawed in execution. To date, TxDOT has pledged loans and grants totaling $3 billion of taxpayers’ money to the nine RMAs throughout the state with very little to show for it. It’s time for Texas to hold RMAs accountable for the tax dollars they’re spending. The leading transportation researchers in the world, Texas A&M Transportation Institute, have noticed that ‘RMA reporting requirements are minimal and may not capture detailed financial and operating data.’ At this juncture, the state’s funding of RMAs is tantamount to pouring money down a well. SB 637 would require state audits of any RMA that receives state money, a measure I believe will shine a little light on exactly where our taxes are going and how they’re being used or misused.”

Senate Bill 638 – Prohibiting the Government from Lobbying Government
Senator Huffines stated, “Our laws are clear when it comes to all state agencies like TxDOT and legislative lobbying – it’s illegal. Regional Mobility Authorities, however, enjoy a loophole that allows RMAs to use tax dollars on legislative lobbying instead of on roads. We must stop cutting a taxpayer check to RMAs with one hand while shaking their lobbyists’ hands with the other. Road dollars must be spent to keep Texans moving forward.”

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Senator Don Huffines represents the North half of Dallas County in the Texas Senate. First elected in 2014 and now serving in his second legislative session, he serves as Vice Chairman of the Senate Veteran Affairs & Border Security Committee, and as a member of the Senate Committees on Natural Resources & Economic Development, Education, Intergovernmental Relations, and Administration. Senator Huffines is an advocate for free markets, fewer regulations, and believes in limited government, personal responsibility, and that individuals have the God-given right to pursue their own path.

DOUBLE TAX: Alamo board votes to use gas taxes to put tolls on Loop 1604

On January 23, the Alamo Area Metropolitan Planning Organization (AAMPO) board, comprised of local officials, voted to grant $326 million in YOUR federal gas taxes to plop toll lanes down the middle of Loop 1604. TxDOT can’t toll anything without the MPO’s blessing, which the MPO just granted.

The toll rates are dynamic and change in real time ranging from 18 cents a mile up to 50 cents per mile – you pay the max during peak hours! The toll lanes would stretch 22.8 miles from Bandera Rd. on the west side to I-35 on the east side (see Express-News article on it here). The excuse is there isn’t enough money to fix all our roads without tolls, despite voters giving TxDOT $5 billion more PER YEAR in NEW funds to prevent tolling.

TxDOT made sure they used up all the new funds on low priority projects instead of fixing the most congested corridors FIRST, as Gov. Greg Abbott directed them to do. Governor Abbott also campaigned saying NO MORE TOLLS! The local MPO board doesn’t care about your state government trying to restrain taxes. They want a network of toll lanes on ALL San Antonio freeways (as its managed lane report revealed at this meeting) so buses and REGISTERED carpoolers get a fast ride while making solo drivers PAY MORE to get anywhere.

What does HOV require?

HOV means High Occupancy Vehicle lanes. Yesterday, the Alamo Regional Mobility Authority (or ARMA, the unelected toll authority) admitted only carpools pre-approved by their government agency get a free ride in these HOV-transit-toll managed lanes. So only government-approved co-workers going to a specific daily business destination get approval for a free ride, not you and your family hopping in the HOV lanes on the way to soccer practice.

ACTION ITEM

This isn’t going to STOP unless we make it STOP, despite promises from Abbott or any other politician.

Contact your elected officials and tell them STOP using our gas taxes to build toll roads. If a road is expanded with tax money, it should stay a FREEway!

1) Contact San Antonio city councilmembers here.
2) Contact Bexar County Commissioners here.
3) Find out who your U.S. senators, U.S. congressman and state representative and state senator are here.

(NOTE: The federal officials have allowed these local MPOs to spend federal gas taxes on toll roads and use incentives to keep tolls coming, so do your STATE officials. )

WHO ARE THE CULPRITS?

The only two courageous ‘nay’ votes were Selma Councilman Kevin Hadas and New Braunfels Councilman Ron Reaves.

Elected officials who voted to spend your gas taxes on toll roads were (it was a voice vote but here’s the best list we have):

Kevin Wolff, Bexar County Commissioner
Ron Nirenberg, San Antonio City Council
Shirley Gonzales, San Antonio City Council
Roberto Trevino, San Antonio City Council
Kevin Webb, Comal County Commissioner
Kyle Kutscher, Guadalupe County Judge
Don Keil, Seguin Mayor
Chris Riley, Leon Valley Mayor
Ron Cisneros, Boerne City Council

No shows
Tommy Calvert, Bexar County Commissioner
Chico Rodriguez, Bexar County Commissioner
Ray Lopez, San Antonio City Council

The rest of the 23 member board is comprised of unelected bureaucrats who always vote to increase your taxes through tolls.

Boerne Councilman Ron Cisneros (who’s trying to get a promotion and is running for Kendall County Commissioner) actually attacked MPO Board members trying to stick up for the taxpayer and reject double taxation. Kudos to Selma Councilman Kevin Hadas for calling tolls what they are – a new tax that grow government bureaucracy.

Cisneros said he didn’t mind paying tolls. Well, what about everyone else who can’t afford it, or those who don’t want any form of double taxation or who simply don’t want another unaccountable tax or bureaucrats trying to social engineer people out of their cars and onto buses? He represents taxpayers, not himself, on this board.

Note to Trump: Key states tossed pro-toll incumbents

Link to article here.

Trump take heed: Toll roads a factor in Florida, North Carolina, and Texas election
By Terri Hall
November 9, 2016
Selous Foundation for Public Policy Research

With the historic election of Donald Trump to the American Presidency, it signals a total repudiation of the political establishment by the working class. You could call it the election of the American worker. But analysts would be remiss if they failed to overlook how toll roads played a part in several races in key states.

One of the most notable races is for governor in North Carolina — must-win state for Trump that went red. Yet, Republican Governor Pat McCrory is in a nail biter photo finish to retain his seat in a state that went Republican last night. The very real threat by Democrat Roy Cooper who claimed victory Wednesday morning, though most still believe the race too close to call, is in part due to McCrory losing support among his base thanks to his approval of the controversial public private partnership (P3) toll project on Interstate-77 in Charlotte.

Citizens lost their battle in the courts and the legislature to stop the state from handing the public’s vital interstate over to the control of a private, foreign corporation in a 50-year deal.

Then, the focus turned to Governor McCrory to cancel the contract. Cooper, the current Attorney General, said in the Charlotte Business Journal in August that McCrory would have “to admit now that he cut a bad deal for North Carolina. He should stop stalling and cancel this contract that never should have been signed to begin with.” McCrory didn’t budge to his own peril.

In Florida, another must-win state that went red for Trump, former House Transportation Committee Chairman, Congressman John Mica lost his seat to newcomer Stephanie Murphy. While some blame his defeat on redistricting bringing in more minority voters to his suburban district, Mica lost touch with his base due in part to his longstanding support for toll roads, particularly P3s. Mica brought tolls to I-4 using congestion pricing, forcing drivers to pay a premium to drive during peak hours. The hidden tax hurts suburbanites harder than urban dwellers since they experience longer commutes and pay more in tolls. He failed to stop the toll bloodletting when taxpayers revolted. So the untold story in this race is about the rise of the middle class worker struggling to make ends meet amidst stagnant wages, staggering health premiums, and ever growing taxes.

In Texas, a state without which no Republican can win the White House, Dallas State Representative Kenneth Sheets also became tone deaf to his conservative base on toll roads. The Dallas-Ft.Worth metroplex is ground zero for toll managed lane projects and soon will boast the largest managed lane network in the country. Taxpayers are none too happy. Though Sheets didn’t go all-in for tolling, he cozied up to the establishment, played footsy with too many controversial bills, scored poorly on legislative report cards, and lost his base. As a result, Sheets lost his seat to Democrat Victoria Neave, who said tolls are a hidden tax and should not advance without local support.

Now back to Mr. Trump. Days before the election, Trump announced his plan to rebuild our crumbling infrastructure without raising taxes by harnessing the private sector. Voters in these key states know that’s code for P3s and toll roads. They’re not fooled into thinking tolls are not a tax. Their pocketbooks have already been sufficiently raided enough to know the dangers of handing the sovereignty over our public roads to private for-profit companies who are given a blank check to charge punitive tolls during congested periods.

Trump’s anti-free trade message resonated because it hurt the American worker. Tolls likewise, hurt the American working class — and hard. Considering these three must-win states for a Republican president just tossed incumbents over toll projects, voters trust Mr. Trump will read the tea leaves and advance a transportation vision and policy that’s pro-freedom, pro-taxpayer, and pro-worker. Voters need to watch closely who he appoints as Transportation Secretary.

Former governors like Rick Perry made road privatization and tolls the centerpiece of his transportation policy for 14 years, and he’s vying for a position in the new Trump administration. Perry would be a disastrous choice considering Texans just elected a new Governor Greg Abbott who campaigned against toll roads and has made a marked departure from privatization. Americans expect Trump to surround himself with like-minded advisers who will set a course consistent with his campaign message. Millions will be watching and waiting.

BOMBSHELL: Senators find out tolls charged on roads that are paid for

Sparks fly as senators discover numerous toll roads with no debt on them, prompts call to remove tolls
By Terri Hall
September 15, 2016

It’s not often that the very sleepy subject of transportation offers a fiery discussion, but yesterday’s Senate Transportation Committee meeting did not disappoint. In a rare olive branch extended to grassroots anti-toll advocacy groups, Texans Uniting for Reform and Freedom and Texans for Toll-free Highways, Chairman Senator Robert Nichols invited them to address the committee about one of its interim studies – a study on the elimination of toll roads.

Just the title evokes strong emotions on both sides of the issue, and those emotions were in plain view Wednesday. Texas Department of Transportation (TxDOT) Executive Director James Bass laid out the numbers of how much it would cost to retire tolls on roads built with state funds. Let me say that again, toll roads that were built with state money. That means gasoline taxes and other state funds were used to build the road, but Texas drivers are being charged again, through tolls, to use it — a double tax scheme.

An early pay-off would cost $24.2 billion, while the existing debt as of January 1, 2016, was $21.6 billion. That’s what building roads with debt begets. It costs far more than paying cash, anywhere from 40% more to 100% more. TxDOT now spends over $1 billion a year in payments to cover its debt. If the toll bonds stay on course to the final pay-off dates, the cost mushrooms to $39.9 billion.

The use of public funds to, in essence, bail out toll projects that cannot pay for themselves with the toll revenues only, was the subject of much consternation by the conservatives on the committee. Senator Lois Kolkhorst has twice authored the bill to make tolls come off the road when the debt is repaid. She was quick to jump in and grill Bass on the Loop 375 Border West Highway toll project in El Paso.

Bass called it a unique financial arrangement, and Kolkhorst, visibly irritated, responded, ’Well, explain that ‘unique’ arrangement.”

First, the entire project is paid for state funds. Not one penny of debt is owed, yet drivers will be be charged tolls to use it (it’s currently under construction). The project is jointly owned by the state and the Camino Real Regional Mobility Authority (or RMA), even though the RMA put no funds into the project. In fact, the state gave them $500 million in Texas Mobility Funds which granted the RMA ownership in proportion to that dollar amount, and the state paid the $130 million balance of the $630 million project with gasoline taxes. So the state gave away over 80% ownership to an unelected toll authority who will reap over 80% of the toll revenues for a 100% paid for highway.

It’s no wonder the senators suffered from shock.

“So we paid the RMA for their ownership. That’s a pretty good deal,” Kolkhorst quipped sarcastically.

“Let me get this straight. The state of Texas put money into a project and then gave half of the ownership to an RMA where they will forever in perpetuity get half of the revenue?”

Bass corrected her and said it was actually more than half the ownership and revenue.

“So this is what I don’t understand and this is the problem. The road is paid for. Now we’re going to create a toll road for the people of El Paso, and I’m just going to say this okay, because all of that is tax money, and that’s worse than I’ve ever seen…this is not right,” Kolkhorst expressed with frustration.

“At what point do you say, we shouldn’t toll this because it’s paid for? At what point do we say there’s no debt on this road, it’s paid for, and, by the way, you get to pay for it again, AND to add insult to injury, the people that paid for it never get the money back? Does that make sense to anybody in this room? This is what frustrates lawmakers like me when we try to give TxDOT money… It’s more expensive to build a toll road, so we paid more for it than we would have it had been non-tolled,…so enough!”

Senator Bob Hall echoed her frustration and pursued it further, “There are numerous toll roads that have no debt on them, and they’re still being tolled.”

Camino Columbia in Laredo, Cesar Chavez in El Paso, SH 130 (the state-operated northern 49 miles from Georgetown to Mustang Ridge) and SH 45 in the Austin area, the Katy Freeway managed toll lanes and the entire Metro High Occupancy Toll (HOT) lanes in Houston, parts of the Grand Parkway around Houston (segments 1-2A), the DFW connector, and the I-30 managed toll lanes (in fact most all of the managed toll lanes) in Dallas all have no debt and should have the tolls come down immediately. Every one of those lanes was built with state and federal funds, no debt is owed, and yet officials charge tolls simply to profit off of congestion and as a means to manipulate people and traffic.

Hall keyed in on Bass’ statement that several of the toll managed lane projects in Dallas-Ft. Worth had no debt and charged tolls to ‘control traffic through pricing.’ That’s a staggering admission for a highway department run by a conservative governor who prides himself on lowering taxes and taking on government overreach.

Hall insisted TxDOT drop such a punitive approach that seeks to control people, punish and discriminate against the poor, and use something that’s cheaper to implement and doesn’t cost the driver anything, like today’s technologically advanced ramp metering.

Senator Don Huffines chimed in with similar sentiments concluding tolls “are segmenting society between those who can afford tolls and those who can’t and it’s bad policy.”

Public testimony brought in the taxpayers’ perspective and gave a glimpse into the rage over tolls being charged on roads that are paid for. The GOP platform has a plank to remove tolls when the debt is repaid as well as a plank opposing the use of any public funds to build, subsidize or otherwise bail out toll projects. The Democratic platform also opposes toll roads. That’s the tip of the iceberg, though. A group of outraged citizens are preparing a class action lawsuit over the abusive toll collection practices that are are imposing fines and fees that financially ruin people and that allows unelected toll authorities to impound vehicles and block vehicle registration.

Many Texans are paying upwards of $300 a month in tolls just to get to work. Since the privatized toll projects opened, one has gone bankrupt, SH 130 (segments 5 & 6), and two in the Dallas-Ft. Worth metroplex use dynamic or ‘congestion pricing’ (where the toll is based on the level of congestion) to soak the traveling public, charging up to $50 a day in tolls.

Perhaps the most surprising concessions of the day came from Nichols’ himself. Known as the most ardent opponent of removing tolls in order to keep paying for road maintenance, Nichols actually advocated removing tolls from the Camino Columbia toll road. Tolls are generating ten times the cost of maintaining it.

Taking tolls off Camino Columbia would “to me, be a no brainer…you could pull the tolls down tomorrow if you wanted to,” suggested Nichols.

Nichols also asked TxDOT to study the effectiveness of HOV lanes. HOV lanes have come under fire as many of them now have a toll element for single occupant vehicles known as High Occupancy Toll (HOT) lanes, which are highly underutilized and actually make congestion worse on the surrounding general purpose lanes. He suggested the Department look at pre-HOV traffic data and post-HOV traffic data to actually see whether or not HOV lanes have successfully changed behavior and encouraged more carpooling or simply captured those who were already carpooling.

If it hasn’t actually successfully changed behavior, “I have a real problem with it,” expressed Nichols. “Police have more important things to do than count heads in an HOV lane.”

The research is virtually unanimous already. According to Jack Mallinckrodt’s study The Best Evidence of HOV Lane Effectiveness, he determined, “In all the known complete transportation modeling studies that have quantitatively evaluated (overall congestion and/or polluting emissions), optimal performance occurs in the natural, unrestricted Mixed-Flow operational mode. In all these cases, any attempt to preferentially restrict the natural free distribution of traffic, whether by HOV or HOT (High Occupancy Toll) operation, made overall congestion and emissions worse… And the findings are essentially unanimous in saying that under typical conditions, maximum transportation benefit…is afforded by unrestricted, mixed-flow, rather than HOV operation.”

HOV/HOT lanes may very well be on the ropes in Texas. House Transportation Committee Chair Joe Pickett shares Nichols’ distaste for HOV lanes calling them ineffective and a waste of capacity in a growing state. Pickett also argues they make congestion worse, which studies confirm, like the one recently conducted by Inrix that concluded congestion on the general purpose lanes got worse after the HOT lanes opened.

This is good news for congestion weary, toll weary commuters who are tired of being the guinea pigs of urban planners, who delight in imposing road scarcity to manipulate people out of their cars and into a bus or carpool. Conservatives clearly got the message that tolls play into the hands of social engineers who want to control the populace, and that tolls are abusive and double taxing Texans, which threatens the sustainability of the Texas economic miracle.