Sneaky SH 130 Expansion Defies Abbott/Patrick Pledge

Article posted in Empower Texans Scorecard here.

Sneaky SH 130 Expansion Defies Abbott/Patrick Pledge
New toll lanes deceptively approved for SH 130
By JoAnn Fleming, Executive Director, Grassroots America – We the People PAC and
Terri Hall, Founder/Director, Texans for Toll-Free Highways PAC
May 2, 2018
Empower Texans Scorecard

Here we go again! Another toll road expansion gets to hopscotch ahead of the state’s major congestion priorities such as I-35 in Austin, Dallas, and San Antonio. The Texas Transportation Commission just approved spending $36.7 million in toll revenues to add another toll lane to the state operated section of SH 130 from SH 45N to Hwy 290 (the southern 41 miles is operated by a private corporation that emerged the winner in bankruptcy court despite the promise it would return to the public if it went bankrupt).  More broken bureaucratic promises – shocking, right?

Buried in the commission agenda was a nebulous, generalized agenda item 3(a): ‘The construction of highways and other transportation facilities’ (see attached itemized list). After searching through 21 pages of projects, the Commission expects the public to discern what’s going on when it gives no project description and merely lists how much money the Commission is approving for each project. The word ‘toll’ is nowhere to be found, unlike past Commission agendas that clearly delineate toll projects under separate agenda items and have a specific minute order with detailed information about the project and the origin of the funds.

Toll bureaucracies irked at cap on toll fines

Link to article here.

Lawmakers clash with toll bureaucracies over cap on toll fines
By Terri Hall
March 11, 2018
Selous Foundation for Public Policy Research

It’s a great day for Texas drivers as a new law takes effect capping the toll fines and fees on some Texas tollways to $48 a year. Texas Attorney General Ken Paxton issued an opinion just as the law took effect that said the new law applies to all toll entities, but only under a limited section of the Transportation Code — Chapter 228. This has put toll agencies, like the Texas Department of Transportation (TxDOT), on a collision course with lawmakers over the interpretation of how broadly the law impacts certain toll projects.

Paxton did assert the new law applies to “an entity operating a toll lane pursuant to Section 228.007(b), Transportation Code,” which brings in every type of toll entity. However, most toll projects are not governed by agreements with TxDOT under Chapter 228, so toll bureaucracies argue the new law, passed as part of SB 312 last year, only applies to a handful of toll projects.

Trump plan to lift ban on tolling existing interstates draws scorn

Link to article here.

Trump plan to lift ban on tolling existing interstates met with stiff opposition
By Terri Hall
February 13, 2018
Selous Foundation for Public Policy Research

The lowly taxpayer just can’t seem to cut a break. Weeks after the euphoria of passing the largest tax cut in a generation, President Donald Trump released his infrastructure proposal pushing toll roads and public private partnerships (P3s), which spells disaster for those middle class workers’ pocketbooks. The most contentious proposal being lifting the ban on tolling existing interstates.

Former U.S. Senator Kay Bailey Hutchison (R-TX) was instrumental in protecting taxpayers from double taxation by defending the ban on tolling existing interstates during her tenure, even imposing a special provision to protect Texas. Now Trump wants to provide states “flexibility to toll existing interstates.” This means the lanes you drive today toll-free could now have tolls slapped on them simply to generate revenue for big government as a new tax in the hands of unelected toll agencies or to line the pockets of private toll operators — completely out of reach of the voters.

Cost of driving down, but tolls, taxes erase any gains for taxpayers

Cost of car ownership down, but tolls, taxes continue to rise
By Terri Hall
January 31, 2018

Americans should be celebrating the lower cost of driving between 2016 and 2017, but the tolls and taxes being imposed by government threaten to erase any gains motorists might have enjoyed. According to a recent report by the U.S. Department of Transportation, Transportation Economic Trends of 2017, the number of miles traveled by Americans went up 7.9% since 2014 (17.3% since 2000) with a slight 2.2% drop in the overall cost of private transportation (including a .5% drop in the cost of buying a new or used vehicle and an 11.5% decrease in fuel costs). However, taxes on vehicles increased 2.1%, parking fees and tolls (imposed by government) rose 2.8%, and car maintenance and repair went up 1.7%. With car insurance spiking 6.2% and housing costs soaring 6%, these cost increases effectively erase any cost savings motorists experienced.

Several developments compound the frustration of motorists who can’t seem to cut a break. Many cities across America tilt left, politically, and they’ve declared war on cars and use gasoline taxes collected from motorists in order to erect impediments to driving through a variety of traffic calming and social engineering gimmicks.

Chance at LBJ E fix without tolls scuttled by Transportation Commission delay

Unexpected delay by Commission puts non-toll fix to LBJ E in Dallas on hold
By JoAnn Fleming and Terri Hall
January 25, 2018

A showdown was expected at today’s Texas Transportation Commission meeting over Interstate-635 E as elected officials seeking to make good on their campaign promises to end tolls were butting heads with transportation interests seeking to lobby for more tolls. Thanks to the tireless work of Senator Bob Hall who had brought the various factions together, all the players from across the spectrum had agreed to advance a non-toll expansion of Interstate-635 E (from US-75 to Interstate 30) without tolls, sidelining tolled express lanes in accordance with the policy of Governor Greg Abbott and Lt. Governor Dan Patrick, who recently pulled the plug on future toll roads in response to grassroots pressure. The non-toll plan is what appeared on today’s agenda.

However, to everyone’s surprise, Chairman Bruce Bugg announced that he would delay action on the project. He referred to a $1 billion funding gap between the old toll plan and the newly brokered non-toll version, but Transportation Director of the Regional Transportation Council Michael Morris very articulately begged to differ.

Morris laid out several scenarios of how the non-toll freeway expansion was fully funded and how it could move forward today without further delay. Even the Texas Department of Transportation (TxDOT) Deputy Executive Director Marc Williams testified the non-toll project was, in fact, ‘fiscally constrained,’ which means fully funded.

Tolls hit $44 one way in D.C., how long before we see same in Texas?

Link to article here.

Out of control: Commuters clobbered with $44 one way in tolls
By Terri Hall
December 22, 2017

Tolls hit $44 one way to go 10 miles on Interstate 66 in Virginia. Rub your eyes and read that again. Tolls have become the new ‘drug’ of choice for politicians and bureaucrats. It’s become a legalized form of highway robbery. While elected officials try to navigate the mess they’ve made by unleashing unelected transportation bureaucrats with the unfettered power to enter into secret contracts with foreign corporations behind closed doors and giving them carte blanche access to commuters wallets with virtually no limit, it’s no wonder toll rates have reached unsustainable levels in a few short years after state lawmakers embarked on the grand toll experiment.

With little checks and balances, commuters are now locked into congestion misery or face financial hardship the likes of which have never been seen in America simply to get to work. For many, working will no longer pay the cost of getting there. It’s not just I-66, but also interstates 95, 395, and 495. Express toll lanes, often referred to as ‘managed’ lanes, are the new normal in many metropolitan areas, especially in states that jumped on board early due to the influence of Bob Poole and the Reason Foundation — like Florida, Texas, and Virginia.

Abbott, Patrick: 'No more tolls'

Abbott, Patrick tame rogue highway department, scrap toll projects
By Terri Hall
November 17, 2017

It’s not very often that the lowly taxpayer gets a win this big, but it finally came. After 12 years of wrangling over toll roads, Governor Greg Abbott and Lt. Governor Dan Patrick came to the rescue issuing a final decree ending toll roads in Texas. The Texas Department of Transportation (TxDOT) ignited a taxpayer revolt when it proposed 15 new toll projects as part of the update to its ten year plan — the Unified Transportation Plan (UTP). Not only did TxDOT try to railroad a litany of toll projects, it adopted a plan to use Prop 1 and Prop 7 funds that are constitutionally protected from going to toll projects to finance the US 183 toll project in Austin.

Abbott campaigned on the promise of fixing Texas roads without raising taxes, fees, debt or tolls. He reiterated his position in his first State of the State address in 2015 as well as when he announced his Texas Clear Lanes initiative that was to focus funding on the state’s most congested roads.

Should voters promote pro-toll Burkett to senator?

Burkett wants highest possible toll taxes for constituents
By Terri Hall
November 9, 2017

With Cindy Burkett throwing her hat in the ring in an attempt to unseat grassroots conservative stalwart Senator Bob Hall, the voters of Texas Senate District 2 need to know about her record. Burkett was quick to support selling off Interstate 635 E to the highest bidder using a controversial toll contract known in Texas as a comprehensive development agreement (or CDA) that gives control of our public roads to private toll companies.

Interstate 635 toll lanes from I-35E to the Dallas North Tollway are already operated by Spain-based Cintra. Commuters in the Metroplex face paying upwards of $24/day in tolls to this foreign corporation just to get to work, and no elected official has any control over how high those toll rates can go. Burkett wants that tax burden to extend to commuters in her own district from US 75 to I-30.

OUTRAGEOUS: MoPac tolls top $8 to use toll lanes in rush hour

Link to article here.

Tolls top $8 for commute on newly opened MoPac toll lanes
By Terri Hall
October 24, 2017

It didn’t take long for toll rates to exceed affordability. The newly opened toll managed lanes on MoPac (from Lady Bird Lake to Parmer Lane) in Austin topped $8 to go 11 miles, and cost $6.28 to drive the northern 6 miles during the evening commute. That’s just in the first week of operation. If you think that’s insane, that’s because it is. No one should have to pay over $1 a mile to get to or from work in a reasonable time. Texans pay a litany of road taxes, primarily the gasoline tax, to pay for public highways. Twice in as many years, Texas voters gave the largest boost in road funding to the state highway fund — totaling nearly $5 billion more per year. Yet supercharged toll roads continue to come online virtually unabated.

Toll managed lanes like those on MoPac use congestion pricing. The toll you pay no longer relates to the actual cost of building the road you’re driving on. Now tolls vary based on the level of congestion, rising and falling continually throughout peak hours, potentially changing in 5-minute intervals. Toll roads often provide time reliability, but today’s congestion tolling means you don’t have price reliability. A study done in 2016 by the Texas Transportation Institute at A&M, found that congestion tolling both angers and confuses the public. It states one of the biggest challenges is public acceptance.

GONE: Trump yanks P3s and private toll roads from plan

Link to article here.

Trump pulls the plug on private toll roads, centerpiece of infrastructure plan
By Terri Hall
Setpember 30, 2017

It’s big news for taxpayers, but for the special interests who have been pushing public private partnerships (P3s) and toll roads as the way to fund $1 trillion in upgrades to America’s infrastructure not so much. This week, President Donald Trump officially pulled the plug on P3s as the centerpiece to his infrastructure plan.

The president said simply, “They don’t work.”

Trump mentioned it in a meeting with members of the House Ways and Means Committee on Tuesday as the president met with lawmakers to discuss tax reform. Citing the failure of the Interstate-69 P3 contract done under Vice President Mike Pence when he was governor of Indiana, the state recently had to sever the contract, take over the project, and issue its own debt to get it finished.

End to exorbitant toll fines in sight? AG may decide

Link to article here.

RELIEF COMING? Ending exorbitant toll fines and fees may be decided by Texas Attorney General
By Terri Hall
September 15, 2017

It’s been a long time coming, but Texas commuters may finally cut a break when it comes to relief from exorbitant toll fines and fees. Texas State Rep. Joe Pickett, former House Transportation Committee Chair, fired off a request for an official legal opinion from Attorney General Ken Paxton this week to see if the caps on toll fines and fees in Senate Bill 312 apply to other toll entities besides the Texas Department of Transportation (TxDOT). Pickett’s House colleagues Rep. Ina Minjarez, Rep. Tom Oliverson, and Rep. Tony Dale joined him in signing the letter.

The Texas legislature passed SB 312 in May during the 85th legislative session, and it contains a strong toll collection reform capping the administrative fees imposed on drivers to just $48/year and $250/year in criminal penalties. But one section of the bill references another section of the transportation code that says an entity operating a toll lane has the same powers and duties regarding toll collection as TxDOT. That’s the hook anti-toll advocates are hoping will force the law to apply to all toll agencies, not just TxDOT when it comes to taming the out of control, excessive fines and fees being tacked onto toll bills across the state.

Victory! Tolls come off several Texas highways

Tolls come down: Precedent set as toll comes off two Texas highways
By Terri Hall
August 19, 2017

The bureaucrats couldn’t fight the momentum. Texans have been calling for tolls to come off roads once they’re paid for and thanks to passage of Senate Bill 312, the Texas Transportation Commission voted to do just that on Camino Colombia SH 255 in Laredo and on Cesar Chavez Border Highway in El Paso. To add icing on the cake, the Dallas City Council also voted to deep six the controversial Trinity Toll Road after a 20 year battle, and the Commission is also mulling changing plans on US 183 North in Austin to expand it as non-toll instead of tolled. All that in a matter of weeks.

The last time tolls were removed from a road in Texas was in 1977 — forty years ago. But it’s not without some wailing and gnashing of teeth by the Texas Department of Transportation (TxDOT) and the Commission that governs it.

Texans angered over SH 130 bankruptcy deal that wipes out money owed to taxpayers

Zero: Money owed taxpayers for SH 130 toll road erased by bankruptcy court
By Terri Hall
July 8, 2017

The defunct SH 130 tollway just emerged from bankruptcy court and the news isn’t good for taxpayers. In 2007, the Texas Department of Transportation (TxDOT) entered into a Comprehensive Development Agreement, or public private partnership, with SH 130 Concession Company, a subsidiary of Spain-based Cintra and Zachry Toll Road 56, which had ownership dispersed among Australian and many other foreign entities. The 41-mile southern stretch of SH 130 opened in November 2012, designed to be a bypass around congested downtown Austin. But the traffic never materialized and the private concession company sought bankruptcy protection in March 2016. According to the terms that emerged from bankruptcy court, all of the private entity’s $1.4 billion debt was wiped away, leaving federal taxpayers left holding the bag for the $430 million federally-backed Transportation Infrastructure Finance and Innovation Act (TIFIA) loan given to the private entities.

Texas taxpayers feel betrayed. Former Texas Transportation Commission Chairman Ric Williamson swore under oath before the Senate Transportation Committee on March 1, 2007, that if the private entities went bankrupt, the Texas taxpayers would get the road back free and clear of any debt. Free and clear means no debt obligations, and therefore no need to continue to charge tolls for usage. However, that didn’t happen. Instead, new owners were brought in, Strategic Value Partners, $260 million in new debt was issued, and the new private company will continue to charge tolls until the contract is up in 2062 — for a road that now owes virtually no debt compared to its original $1.4 billion.

TxDOT bill hijacked by toll lobby, loopholes diminish anti-toll progress

Hastily approved TxDOT sunset bill offers some toll relief, but riddled with new loopholes
By Terri Hall
May 28, 2017

As the Texas legislature comes to a close tomorrow, the antics of some lawmakers warrants scrutiny when it comes to the Texas Department of Transportation (TxDOT) sunset bill, SB 312, that passed yesterday evening. The House passed a strong anti-toll bill May 17, adding several good anti-toll measures pushed by grassroots pro-taxpayer groups for over a decade. SB 312 must pass or the highway department goes away. Rather than concur with the House version, the Senate chose to reject the House version (which signaled trouble ahead), forcing both the House and Senate to appoint a conference committee to work out the differences in the bill.

This is where the chicanery usually happens, and it did.

Killing the private toll road bill made national news!

We did it!  Not only did we send a message to Texas lawmakers and special interests that the Rick Perry era of toll roads is over, we also sent a message to the Trump Administration that private toll roads are dead on arrival in Texas!

Watch the Bloomberg story on it here. 

HB 2861 Record Vote

FB post bootOut Phillips crew

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.

FB post taxpayer champs
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

Trump floats gas tax hike after tolls get cold shoulder

Link to article here.

Trump floats gas tax increase after cold reception to privatized toll roads
By Terri Hall
May 5, 2017

It’s tough being a change-agent. Newly minted President Donald Trump came into office with high hopes of a major infrastructure overhaul. With the nation’s crumbling bridges, pothole stricken roads, and millions of commuters choking in urban congestion, Trump had a big plan to harness the private sector through public private partnerships (P3s) to address congestion by adding toll lanes. The problem is those privatized toll lanes grant private, usually foreign, entities monopolies over vital public highways where the companies are given the exclusive right to extract the highest possible tolls for 50-99 years.

With the pushback to P3s coming fast and furious from working class families to truckers, Trump has begun to change his tack. After meeting with members of the trucking industry this week, Trump has floated the idea of a federal gas tax increase to raise the revenue necessary for the big infrastructure fix. Truckers prefer a gas tax increase to tolls.

Here’s the back story. The National Highway Trust Fund, which is funded with a federal gasoline tax of 18.4 cents per gallon, has teetered on the edge of bankruptcy for over a decade while the gas tax has remained unchanged since 1993. Inflation has diminished its buying power over the last 24 years, and members of congress have been reluctant to raise it. Under President George W. Bush, many Republicans pushed road privatization and implementing toll ‘managed’ lanes as the means to finance road projects as perpetual road funding shortfalls plagued the highway system.

Victory for Texas landowners along the Red River

FOR IMMEDIATE RELEASE
April 6, 2017
www.texasattorneygeneral.gov
PRESS OFFICE: (512) 463-2050
Kayleigh Lovvorn: This email address is being protected from spambots. You need JavaScript enabled to view it.

AG Paxton: Suspension of BLM Red River Surveys is a Win for Texas
 
AUSTIN – Attorney General Ken Paxton today praised the Trump administration for suspending three U.S. Bureau of Land Management (BLM) surveys from the Obama-era that the BLM used to justify a land grab involving 90,000 acres near the Red River.
 
The federal action was prompted by the BLM’s admission earlier this week that it used “incorrect methodology” while determining the gradient boundary on a portion of the 116-mile stretch of Texas properties along the Red River. Attorney General Paxton intervened in November 2015 on behalf of the state in a lawsuit brought against the BLM by affected property owners.

Schertz fights back against Cibolo's private toll road scheme

Link to article here. (Note: The article at this link is modified from the one below. It addresses the connection to the NAFTA superhighway network in North America)

Revolt: Sister city fights back against Cibolo private toll road
By Terri Hall
April 6, 2017

A funny thing happened on the way to handing over a public highway to a private toll operator —a sister city said an unequivocal, ‘No!’ A small suburb of San Antonio, the city of Cibolo, inked an irrevocable deal to hand an existing public highway, FM 1103, over to a private toll company so it could place express toll lanes down the middle, granting it the exclusive right to operate both the toll lanes and the existing free lanes for the next 50 years. FM 1103 runs through the city limits of Schertz before it connects to Interstate 35. But what Cibolo didn’t count on was its neighboring city not cooperating with the scheme.

Raw Deal: Private toll company weasels sweetheart deal out of Cibolo

So what’s in that controversial private toll road contract?
By Terri Hall
March 9,2017

After a controversial decision by the Cibolo City Council to give development rights for a private toll road to a corporation that's never even built a road last week, Cibolo Mayor Allen Dunn has been busy shooting the messenger. The Development Agreement, kept secret from the public prior to its approval last week, was finally made public and it verifies and validates citizen concerns. When the terms of an exclusive 50-year development agreement was negotiated in secret and handed to a single private firm in a no bid contract, it shouldn't surprise elected officials when the public is irate.

The city signed an irrevocable development agreement with, Cibolo Turnpike, an entity created by the investors of Texas Turnpike Corporation. The draft operating agreement requires the city to repay all the company's debt and the net present value of future distributions (anticipated revenues) if it wants out of the deal -- after it's built. There is no other way out for the city, however, there are lots of exit strategies for the company.

So what are some of the other red flags? First, the agreement seeks to give operational control of the non-toll portion of FM 1103, a state highway, to the private company.

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