Broken promise: Leaders promised to remove tolls in Harris County once roads paid for

The most important point to note is that the campaign literature for the initial toll roads in Houston did promise they’d eventually be free to everyone once the debt was paid off. That never happened. Unless the legislature passes our toll cessation bill, it never will. Call your state lawmakers NOW to insist toll comes down at (512) 463-4630.

No end in sight for HCTRA tolls, because there never was an end

By , Houston Chronicle, Updated: Aug 17, 2024

Almost since Harris County started collecting tolls, there has been a belief that someone somewhere promised the tolls would go away once the roads were paid for.

Well, the roads have long been paid for, at least those first roads, but the tolls are likely never going away. That’s in part because no one ever promised — really promised — they ever would.

For years there has been talk of what was said at the meetings or on flyers that have rarely, if ever, been shown. While some hold onto the legend as fact, county and toll officials have long called them misunderstandings, if not outright fabrications. There is no record that anyone with the campaign or the county said they were going to retire those bonds and end tolling when voters went to the polls.

That does not mean someone did not say it. Maybe they did. Maybe they were or were not with the campaign or the county. There is no record of everything everyone said at a community meeting and no record of any unofficial mailers that said it. The claim just is not in any ads printed at the time of the election. It is not in the coverage of either of Houston’s two competing daily newspapers prior to the election. It is not in the campaign materials.

What a review of the campaign materials and the coverage of it in 1983 will largely get you is a trip down memory lane of when the United States was debating Israel’s right to conduct retaliatory strikes and plans for the Houston-Dallas bullet train.

Campaign materials, however, do allude to an end of tolls. In 1983 flyers, supporters of the campaign noted that Dallas ended tolls on one of its roads once the bonds were paid and that state law at the time required the lifting of tolls if no bonds were outstanding.

Toll roads will be free to everyone after they’re paid for,” one flyer said.

What voters approved is to borrow money and collect tolls “so long as any of the bonds are outstanding” for the creation and operation of the county’s roads. Specifically, that was for building the Hardy Toll Road, which state officials were considering, as well as building what became the Sam Houston Tollway so the state could build Beltway 8, the free lanes that act as its frontage road.

Many took that to mean that once the first bonds were paid off, tolls would be lifted.

Former County Judge Jon Lindsay, who championed the creation of the Harris County Toll Road Authority, said officials at the time never would have pledged to end the tolls after 20 or 30 years.

At the time of the vote, the broader debate was whether tolls would ever cover the costs of building and operating the roads. Part of the ballot proposition, designed by Lindsay and others, was to structure the bonds so they were backed by county tax revenues. If tolling fell short, it was county taxpayers left holding the bag.

While Lindsay was confident the tolls would cover it, critics of the plan said it could hamstring the county budget for decades.

Instead, the toll roads became the county’s biggest piggy bank, even as the toll road authority borrowed more. In the ensuing 40 years since creating HCTRA, officials have always been paying off something by borrowing more money to build more lanes or add interchanges and paying it all off with more tolls. It is a perpetual project, along with general operations, which dwarfs the initial borrowing. As of last Sept. 30, the agency had $2.79 billion in outstanding debt. Meanwhile, toll road users in fiscal 2023 paid $896.3 million to drive the lanes — meaning that at this point HCTRA raises enough money by tolls in a year to pay off the original 40-year debt.

Toll rates, meanwhile, have not changed in years and actually decreased for those with an HCTRA-issued tag.

Not only does that money pay for operations of the toll roads, it lands in the county’s general road coffers for other projects and helps with the county’s multimillion-dollar plan for better bike and pedestrian access.

Just as in 1983, Lindsay said most drivers do not fully understand the financing end of the toll roads, even if they think it is as simple as borrowing money to pay for construction. Elements of it often elude him, he said, though he was the face of the plan.

“There were people smarter than me behind it, lawyers and the finance,” said Lindsay, 88 and now long retired after terms in county and state government. “I’m just an engineer.”

“I wasn’t going to be around when that happened,” said Lindsay, who served as the county’s head from 1974 to 1994. “How could I tie the hands of someone else?”

Like Houston traffic, the belief that someone promised to lift the tolls never goes away, even as millions of trips take place on the Hardy, Westpark and Sam Houston each month.

“We do get the question,” said HCTRA Executive Director Roberto Treviño.

Toll officials just do not spend a lot of time answering it, as they cannot prove something did not happen or was not said. That the thinking persists among some, Treviño said, “doesn’t come into the decision-making process.”

Instead, Treviño and others said, they talk about the present.

“What we have to be focused on is mobility in the region,” said Tracy Jackson, the agency’s deputy communications director.

Mobility, meanwhile, means HCTRA has hundreds of millions of dollars in new projects in the pipeline, from a planned extension of the Hardy Toll Road to downtown Houston to removal of the original toll plazas along the Sam Houston Tollway.

Since those first users shelled out nickels and dimes from their driver-side window, tolling has become all electronic in the Houston area. Toll booths are now a relic, even if paying to use the road is not.

Getting rid of them, however, will be costly and complicated. Treviño said the plan is intertwined with other projects to make the intersections around the toll roads safer for drivers, cyclists and pedestrians.

“All inclusive, it is going to be more than $1 billion over the next several years,” he said.

Of that, Jackson said in an email that $525 million would be used to retrofit toll lanes, removes plazas and install the new gantries holding the electronic payment systems. Design of the new tolling points is expected to finish in a few months, officials said.

The change is not as simple as tearing out the booths, Treviño said. Traffic no longer needs to fan out to six or seven toll booths, but can instead remain in three or four lanes as equipment above the road tracks tolls. Those bloated areas around toll plazas are now less safe as drivers race through.

At large toll plazas such as the one along the Sam Houston Tollway south of Buffalo Bayou near Westchase, the work will mean a lot of leftover space, which Treviño said officials are also thinking about how they can reuse.

“Right now we don’t have one set plan for each of these areas,” he said, noting the need for park space in some neighborhoods near the toll roads, or wider intersections with more space for bike lanes or crosswalks. In some spaces, perhaps trees or other features could as a buffer from the noise and lights along the tollway.

Harris County Toll Road Authority will spend $525 million over the next few years redesigning and rebuilding tolling points along its roads. The aim is removing the outdated toll plazas and additional lanes and install the electronic equipment above the lanes.

What’s unlikely is a commercial option. Tollways in the northeastern U.S. and Oklahoma often have gas stations or restaurants built in some key areas, such as on overpass exits or quick off-ramps from the highway. Treviño said HCTRA is not considering commercial leases for the extra space.

Where warranted, however, entrances or exits could be added to relieve demand at key crossings, he said.

“The goal is making them an amenity for the county, not just the toll road users,” Treviño said, adding that anything that makes the toll roads operate better means better traffic in the surrounding area.

“There are going to be challenges,” he said. “I think we have no alternative with the traffic you are seeing out there.”

Incoming House members ask Abbott’s Commission to declare end date on SH 288 tolls

Chairman J. Bruce Bugg, Jr.
Texas Department of Transportation
125 East 11TH Street
Austin, Texas 78701-2483

August 20, 2024

Commissioner Bugg:

As Republican nominees for the Texas House, we are extremely concerned by the action the Texas Transportation Commission took recently to spend over $1.7 billion ($1,700,000,000) of public money to seize control of a toll road (State Highway 288) with absolutely no commitment to end the tolls.

The Republican Party of Texas’s 2024 Platform states, “We call on the Texas Legislature to abolish existing toll roads.”

We recognize that in many instances the state cannot abolish existing toll roads without the use of public money, but your decision to do so without a clear commitment to end the tolls is the worst of all worlds for taxpayers and amounts to nothing less than double taxation.

Furthermore, it is our understanding that the state may secure purchase of this existing, fully operational road by issuing nearly $2 billion in new debt, which will assuredly be repaid by the tolls you are refusing to remove. The key diUerence is that at the end of the current agreement with the private operator, the tolls come oU. With this new arrangement, no such end date exists. Again, the worst of all worlds.

Regardless, the Department’s stated position to maintain the tolls on this road even after this large expenditure of public resources sets an alarming precedent. Upon oUicially taking the oUice of State Representative, we are committed to passing legislation that protects the interests of taxpayers from similar abuses. The actions by TxDOT are out-of-step with the Republican Party of Texas’s Platform and we are committed to changing that as soon as practicable.

Sincerely,

Shelley Luther
Republican Nominee, HD 62

Mike Olcott
Republican Nominee, HD 60

Trey Wharton
Republican Nominee, HD 12

Wes Virdell
Republican Nominee, HD 53

Katrina Pierson
Republican Nominee, HD 33

David Lowe
Republican Nominee, HD 91

AJ Louderback
Republican Nominee, HD 30

Andy Hopper
Republican Nominee, HD 64

Helen Kerwin
Republican Nominee, HD 58

Brent money
Republican Nominee, HD 2

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.