Texans ask Perry to veto bill to hand 23 Texas roads to foreign entities

IMMEDIATE RELEASE

Texas for Sale: Grassroots ask Perry to VETO bill that hands 23 Texas roads to private, foreign toll operators
SB 1730 includes I-35, Hwy 183, Hwy 290, Loop 1604 & more!  

(Austin, TX, June 10, 2013) - A crucial bill, SB 1730, that will effect the next three generations of Texans sits on Texas Governor Rick Perry's desk awaiting his signature. The bill would authorize the Texas Department of Transportation (TxDOT), or toll entities, to enter into Public Private Partnerships (P3) known in Texas as Comprehensive Development Agreements (CDAs), for more than 20 projects, including rail and three bridges.

Grassroots groups across Texas are asking Perry to veto the bill, despite his avowed support of P3s. TURF, Texas tea parties, the Texas Libertarian Party, and dozens more watchdog and liberty groups, oppose P3s as sweetheart deals and corporate welfare, designed to extract punitively high toll rates from travelers with little choice other than congested free routes. Indeed, conservative columnist Michelle Malkin calls P3s 'corporate welfare' and Rachel Alexander calls them 'double taxation' and state sanctioned-monopolies.

Targeted tax: Residents ask Perry to veto fee hike on Bexar County

IMMEDIATE RELEASE

 Targeted tax on Bexar County: Taxpayers ask Perry to VETO vehicle registration fee hike
New revenues can be used to issue debt to build toll roads - a DOUBLE TAX

(San Antonio, TX, June 5, 2013) - As San Antonians struggle to put gas in their tanks, a bill authored by Rep. Ruth McClendon, HB 1573, to increase Bexar County vehicle registration fees $10 is on Texas Governor Rick Perry's desk and will become law unless he vetoes the bill by June 16. Taxpayers are asking the governor to veto the bill.

Perry has told lawmakers repeatedly that he's opposed to ANY fee hikes, which he and the Texas Republican Party view as equivalent to tax hikes. So Bexar County residents who oppose the bill expect Perry to keep his word. Though several other local fee hike bills passed the legislature (two others in the Rio Grande Valley), HB 1573 is the ONLY fee hike bill that does not require a public vote.

Texas for Sale: Texas roads may be handed to private, foreign toll operators

FINAL vote on SB 1730 includes I-35, Hwy 183, Hwy 290, Loop 1604 & more!  

(Austin, TX, April 30, 2013) - A crucial vote that will effect the next three generations of Texans is up for a final vote in the Texas House today - SB 1730. The bill would authorize the Texas Department of Transportation (TxDOT) or toll entities to enter into Public Private Partnerships (P3 or PPP) known as Comprehensive Development Agreements (CDAs) in Texas, for more than 20 projects, including commuter rail.
 
Projects included in the bill:
-I-35 (many segments), I-820, Hwy 183, US 67, Hwy 114, Loop 12, Loop 9 (in DFW)
-Hwy 290, SH 99/Grand Pkwy, Hwy 288 (in Houston)
-Hwy 183, MoPac (in Austin)
-Loop 1604 (in San Antonio)
-Loop 375 & NE Pkwy (in El Paso)
-Loop 49 (in Tyler)
-Hidalgo County Loop, Outer Pkwy Project, Int'l Bridge Project, & COMMUTER RAIL PROJECTS (in Hidalgo & Cameron counties)
-South Padre Island Second Access Causeway Project (in South Padre)
-Hwy 181 Harbor Bridge Project (in Corpus Christi)

The Texas Conservative Coalition sent out a bulletin in support of SB 1730. However, TURF, Texas tea parties, the Texas Libertarian Party, and dozens more watchdog & liberty groups, find nothing 'conservative' about P3s and vehemently oppose such sweetheart deals and corporate welfare. Indeed, conservative columnist Michelle Malkin calls P3s corporate welfare' & Rachel Alexander calls them 'double taxation' and state sanctioned-monopolies.

P3s/CDAs...

* Extract exorbitantly high toll rates as high as 75 cents per mile (see details on CDAs for LBJ, North Tarrant Express on p. 2 here)
* Grant private, even foreign, entities state-sanctioned MONOPOLIES for 50 years
* Represent eminent domain for private gain (take land in name of 'public use,' then becomes private purpose for private gain)
* Limit expansion of free roads (guarantees congestion on the free routes) through non-competes
* Manipulate speed limits to drive more traffic to the toll road (increase speed on tollway, decrease on free route)
 
 Example -
    The CDA for SH 130 gave financial incentives to TxDOT for raising the speed limits.
    TxDOT received a $100 million pay-off from Cintra (2012) for raising the speed to 85 MPH.
    TxDOT subsequently lowered the speed limit on the free alternative US 183 in Lockhart.

* Put taxpayers on the hook for 'uncollectable tolls' from out-of-state & foreign drivers
* Keep traffic forecasts & revenue studies SECRET from the public (Transp Code Sec. 366. 403)
* Allow private corporations the power to tax
* Eliminate low-bid, competitive bidding, replaces with 'best-value' bidding, allows P3s to be doled out to the well-connected = CRONY CAPITALISM!
* Heist PUBLIC money for PRIVATE profits. Use massive amounts of public money (gas tax, PABs) & public debt (federal TIFIA loans, potentially the State Infrastructure Bank) to subsidize/prop-up toll projects that can't pay for themselves (see examples on p. 2 here).  
* Hand control of our PUBLIC infrastructure to a PRIVATE entity. Proponents argue the STATE still TECHNICALLY owns the road, however, giving a single corporation a monopoly for 50 yrs. who has the ability to depreciate the 'asset' on its taxes is, in reality, giving the entity effective ownership of our PUBLIC roads for a HALF CENTURY!

Will lawmakers be fooled by the difference between a Design-Build and a concession CDA?
Proponents are trying to lull fellow House members into voting for SB 1730 by saying it may not be a concession CDA (that hands our highways to private toll operators), but could be a design-build CDA done by a public entity (and even non-toll). So therefore 'give us the authority' and TxDOT will decide later who gains control of our public roads and whether they're tolled or not.

A design-build CDA is a truncated concession CDA. A full blown concession CDA includes design-build-finance-operate-maintain (and a 50-yr leasehold/ownership stake), whereas design-build stops short of handing operations over to a private entity. Design-build CDAs are fraught with potential abuses as well (not competitively bid, can be handed to the well-connected, no apples-to-apples bid comparison or final design to compare against, and payments to losing bidders, etc.).

Regardless of the type of CDA, the bill does not separate design-build authority from concession authority - if lawmakers pull the trigger, it could be either. So a 'YES' vote means Texas roads could be handed to PRIVATE, even foreign entities for a HALF CENTURY with no further oversight from the legislature or PEOPLE of Texas.

What Texans think
"The bill doesn't differentiate between the types of CDAs being authorized -- whether tolled or non-toll. So while it's clever to say the toll element is 'optional,' whether or not Hwy 290, Hwy 183, I-35, Hwy 288, Hwy 114, Loop 9, Loop 12, or Loop 1604 (to name a few) get handed to a private toll operator will be decided later by un-elected boards & TxDOT, not the PEOPLE. Bottom line is TxDOT would NOT be able to hand these roads to Cintra or another private entity unless this bill passes.

"The PEOPLE of Texas haven't changed their minds since the Trans Texas Corridor or the CDA moratorium in 2007 - they do NOT want Texas sovereignty over our PUBLIC infrastructure handed to PRIVATE corporations who can GOUGE taxpayers for 50 years," Terri Hall, Founder/Director of Texas TURF, warns.

BACKGROUND:
P3s are the financing method behind the Trans Texas Corridor and the primary mechanism keeping aspects of it alive today. Texans went radioactive at the notion of having private land handed to private, even foreign, corporations for private gain, rather than a public use, and the idea that a private company could dictate what roads get built (non-compete agreements) and how high the tolls would be.

P3s differ from a completely private road/project and differ from the government simply contracting work out to the private sector since a P3 involves an ownership stake or a long-term leasehold. While claiming to be built with private money and transferring the risk from the public sector to the private sector, this controversial financing mechanism virtually always involves PUBLIC money and public RISK through profit guarantees and taxpayers being on the hook for potential losses.

Texans ask for leadership to enact NEW vision for road policy

IMMEDIATE RELEASE

Grassroots coalition calls on Perry, Dewhurst, & Straus to lead the way on a new vision for roads
Sensible bills should not be held hostage to promote special interests, more road debt, tax hikes, and budget-busting tolls that will only burden small businesses, families, seniors, and young adults on limited income!

(Austin, TX, March 12, 2013) - On Tuesday morning, Texans from across the state converged at the capitol to stress the need for Texas Governor Rick Perry, Lt. Governor David Dewhurst, Speaker Joe Straus, and House and Senate budget writers to prevent the most fiscally sound, long-term road funding solutions from being held hostage to more tolls, debt, and tax hikes.

Activist leaders Terri Hall (TURF) and JoAnn Fleming (TEA Party Caucus Advisory Committee Chair and Grassroots America director) sounded the alarm to Texans that soon every major road will be tolled, and foreign corporations can take over our  roadways, driving up the cost of daily travel with unfettered tolling.

Grassroots applaud Perry's call to end diversions, reject Rainy Day raid

FOR IMMEDIATE RELEASE

TURF, pro-taxpayer groups applaud Texas Governor's call to end gas tax diversions, but reject Rainy Day Fund raid 

(Austin, TX - January 30, 2013) In his State of the State speech yesterday, Texas Governor Rick Perry announced his support for ending gas tax diversions for non-road purposes. Ending diversions is part of the Governor's truth in taxation plank in his Budget Compact, which means taxes collected for a certain purpose should go only to that purpose. Perry's leadership to end gas tax diversions, estimated to be $1.3 billion per biennium, is much needed and very helpful. But that alone isn't sufficient to properly fund our state highways without higher taxes (aka tolls).

The Governor also asked Texans how they'd like to see tax relief implemented in the current legislative session. The grassroots call for eliminating toll taxes and using our existing road taxes (including the motor vehicle sales tax) to expand our freeways without tolls. Unfortunately, the Governor's web site, http://www.gov.texas.gov has no option for toll tax relief.

Texans call for boycott of Cintra's SH 130 tollway

IMMEDIATE RELEASE
November 12, 2012
Texans call for boycott of first foreign-owned toll road
Threatens right to travel, smacks of crony capitalism

(San Antonio, TX - November 12, 2012) Today marks the first day Spanish toll operator, Cintra, starts charging Texas commuters tolls to use SH 130, which doesn’t sit well with ordinary grassroots Texans who care about our right to travel and keeping Texas sovereignty over public infrastructure. San Antonio-based Texans Uniting for Reform and Freedom (TURF) and Austin-based Texans for Accountable Government (TAG) object to Texas’ first foreign-owned toll road, especially since SH 130 is actually part of the original Trans Texas Corridor TTC-35 (See ‘current route’). Though Cintra invented an innocuous sounding name, SH 130 Concession Company, Cintra controls SH 130 (segments 5 & 6).
 


The groups believe public private partnerships (P3s) will usher in the new railroad robber barons of our time -- private toll companies operating state-sanctioned monopolies and charging Texans a premium to drive. TURF & TAG also encouraged Texans to boycott Cintra’s toll road.

Judge rules foreign company can take Texas land using eminent domain

IMMEDIATE RELEASE

Judge rules to allow TransCanada to take Texas farmer's land for Keystone Pipeline

(Paris, TX - August 23, 2012) Today, Lamar County Judge Bill Harris ruled in favor of TransCanada, the Canadian company building the controversial Keystone XL pipeline, allowing them to act as common carrier and giving them the ability to forcibly take private land from Texas farmer, Julia Trigg Crawford, and any Texans in its path, using eminent domain, despite the lack of evidence that TransCanada meets the statutory requirements of a common carrier whose pipeline is a legitimate public use.
 
"Since the Texas Railroad Commission determined way back in 2008 that it had no jurisdiction over TransCanada's interstate pipeline, it simply defies logic that TransCanada is allowed to take private citizens' land under a Texas law that requires a pipeline operator to subject itself to the Commission's jurisdiction," said Wendi Hammond, attorney for landowner. "The Texas Supreme Court has repeatedly held that if there is an incident of doubt regarding the power of eminent domain authority, then a court must rule in favor of the landowner. Unfortunately, this judge failed to do so."  

Victory for open government, but not complete transparency

IMMEDIATE RELEASE

Small victory for open government at MPO
New agenda complies with Texas Open Meetings Act, but not MPO bylaws

(San Antonio, TX - August 27, 2012) Texans Uniting for Reform and Freedom (TURF) is celebrating a small victory today, now that the San Antonio-Bexar County Metropolitan Planning Organization (MPO) agenda includes more specificity about its proposed action for toll projects on US 281 and Loop 1604. However, there's more work to be done, since the board is seeking to amend its short-range (TIP) and long-range plans (MTP) at today's meeting, and the MPO's bylaws require a two-step process, which includes a 30-day public comment period, and an even greater level of disclosure on its agenda before any action can take place.

"While we welcome the board's compliance with the Open Meetings Act, open government still demands the MPO follow its bylaws for proper public disclosure when making changes to the short and long-range plans," notes Terri Hall, Founder/Director of TURF. "Changes to the TIP & MTP are more permanent than merely adopting a proposal, and the bylaws rightly require that when the scope of a project or pots of money change, that the public is properly notified and given 30 days to submit public comment before any final decisions are made."

Policy 6 of the MPO bylaws state: "Amendments to the TIP require a two-step process. To permit adequate public review and comment, amendments to the TIP will be presented at a Transportation Policy Board meeting with action on the amendment occurring at the following Transportation Policy Board meeting (approximately 30 days after initial presentation)...amendments to delete a project or significantly change the scope of work of a project will be explicitly listed on both the presentation and action agendas for the Transportation Policy Board meetings."

Today's agenda does not specifically list the changes in scope of the toll projects nor did the agenda last meeting. The agenda last meeting also failed to notify the public on its agenda that the MPO was planning to make changes to the TIP at its next meeting, nor did it notify the public of a 30 day comment period. Therefore, TURF believes the two-step process required for amending the short and long-range plans has not commenced until these requirements are met.

Though the board can vote to bypass the two-step process, they still have to call a special public meeting within today's MPO meeting specifically to solicit public comment on the proposed changes to the TIP, and this special meeting must be posted on the agenda, which it is not.

For instance, TURF points out that the scope of the project on Loop 1604 changes from adding 4 new lanes (currently in the TIP as tolled, would now be non-toll) to adding 8 new lanes (4 non-toll, 4 toll). On US 281, the scope is changing from the current TIP which would add two new toll lanes and convert all the existing main lanes to toll lanes, to a new plan that would not add any new highway lanes, and that would shrink existing free highway capacity by converting the center main lanes into dedicated bus-HOV-toll lanes and keep the remaining four non-toll lanes free.

The proposed change on 281 will not meet the traffic needs for the corridor based on the MPO's own traffic data since it doesn't add any new highway capacity, nor does this amendment (or the current TIP) comply with federal law that prohibits the conversion of free lanes to toll lanes.

Background
TURF sent a demand letter threatening to sue to the MPO July 20, addressing the MPO's violation of the Texas Open Meetings Act on June 25, 2012. TURF asked the board to nullify its action and to re-post the proposed action in a manner that complied with the Texas Open Meetings Act. The board sought to adopt a specific financing proposal to toll portions of US 281 & Loop 1604, but didn't properly inform the public due to its vague agenda item which merely read: "Action on additional Federal and State Funding Opportunities."

Watch the MPO's actions unfold in this video.

"Complying fully with the Texas Open Meetings Act and noticing agenda items with the requisite specificity ensures the public's business is conducted in public," notes Arif Panju, at attorney with the Austin law firm Cantilo & Bennett, L.L.P. which represents TURF.  Panju also sits on the board of directors of the Freedom of Information Foundation of Texas. Panju is available for comment at the contact information above.

"The Texas Supreme Court has held that governmental bodies are responsible for properly notifying the public, and anything less than full disclosure of agenda items is not substantial compliance," says Panju.

TURF informed the MPO that it would seek an injunction to halt any further action on the proposal and a court order declaring the action void unless the MPO voids the action it took on June 25.

TURF believes the June 25 meeting warranted legal action because it so flagrantly sought to keep the public in the dark about what the MPO was adopting. Not only did the agenda item even fail to mention the names of the two highways involved, but it involved a proposal seeking to convert an existing free lane into a toll lane on US 281, taking money from US 281 and giving it to Loop 1604 (US 281 has already had $130 million in non-toll funds taken away that could have been used to fix it without tolls), and turning the middle toll lanes on US 281 into dedicated bus-HOV toll lanes.  Clearly, an agenda item simply noting "Action on additional Federal and State Funding Opportunities" does not give a reader, as a member of the interested public, proper notice of what the MPO was planning to do.

The plan also takes the power to toll away from the Alamo Regional Mobility Authority (the toll authority) and allows the ATD Board the discretion to determine who operates the toll road (and hence collect the tolls), including itself. This effectively grants the ATD board the right to raid the toll revenues to pay for mass transit projects, like the controversial downtown streetcar.

Some board members caught by surprise by last minute changes
Not only was the agenda item vague, but changes to the proposal were made after the agenda was posted and the board's meeting packet distributed -- changes that weren't posted or ever discussed until the MPO walked in the door for its meeting on June 25 (see the documents here). Though significant changes were made, the board took action on the proposal.

State Representative Joe Farias, an MPO board member and the only dissenting vote, asked how the MPO could vote on such a measure when he only found out about the changes by "reading about it in the newspaper over the weekend."

###

Farmer challenges use of eminent domain for Keystone pipeline

Watch Julia Trigg Crawford's interview on Canadian TV after the trial here.

It's significant to note, TransCanada issued a brazenly FALSE statement to the Canadian TV station when it said the court ruled TransCanada was a 'common carrier' and hence has the power to use eminent domain for its pipeline, when, in FACT, the Judge has NOT ruled on the issue of common carrier and eminent domain yet. Can't imagine the Judge takes kindly on TransCanada presuming upon the court before he's issued his decision...

Anti-toll groups celebrate Campbell, Cruz victories

FOR IMMEDIATE RELEASE

Anti-toll groups relish Campbell, Cruz victories
Opponents were key players in pushing tolls on Texas

(New Braunfels, TX - July 31, 2012) Anti-toll groups, the San Antonio Toll Party and Texans Uniting for Reform and Freedom (TURF), celebrated Dr. Donna Campbell's victory over pro-toll, 40-year incumbent State Senator Jeff Wentworth in Texas Senate District 25 at her victory party held at the Seekatz Opera House in New Braunfels.

Lawmakers need hearings in path of Keystone

Halt eminent domain abuse from other entities like TxDOT set to lease out public ROW to private developers

PRESS STATEMENT BY TURF:

1) Call for hearings in East Texas
2) Call to update 'Landowner Bill of Rights'
3) Call to stop eminent domain abuse by other entities, like TxDOT's recent RFI to lease public ROW

While we're grateful the Texas Legislature is starting to take notice of the eminent domain abuse taking place by TransCanada on the Keystone XL Pipeline by holding this hearing today, this isn't much of a public hearing if the House Land and Resource Committee doesn't hear directly from the public.

PPPs don't work for roads; TxDOT plans to resurrect Trans Texas Corridor

Reveals TxDOT's plans to resurrect the Trans Texas Corridor

(AUSTIN,TX - JULY 11, 2012) TURF warned the Joint Committee of Government Efficiency and Reform and State Affairs that controversial public private partnerships (P3s) that sell-off Texans' public infrastructure to private corporations represents eminent domain abuse and grants state-sanctioned monopolies. While the Committee focused primarily on privatizing government services, Reason Foundation promoted P3s for everything, including public infrastructure.

TURF opposed the legislation that gave the state this authority, SB 1048, and cautioned against the use of P3s that have long-term detrimental effects to property rights and state sovereignty in return for short-term gain -- some quick cash for the state.

TURF pursues legal action against policy board

Group seeks investigation by District Attorney for board’s action on vague agenda item

(San Antonio, TX - June 29, 2012) Yesterday, Texans Uniting for Reform and Freedom (TURF) filed a formal complaint with the San Antonio Police Department White Collar Crime Unit seeking to open an investigation as to whether the San Antonio-Bexar County Metropolitan Planning Organization (MPO) violated the Open Meetings Act on June 25, by taking action on a specific financing proposal to toll portions of US 281 & Loop 1604 when the agenda merely read “Action on additional Federal and State Funding Opportunities.”

Board reneges on promise, votes to toll anyway

(San Antonio, TX) - It's apparent that the fix was in before a single citizen ever walked into the Bexar County San Antonio Metropolitan Planning Organization (MPO) meeting Monday. The tumult and chaos surrounding transportation decision-makers in Bexar County has hit a feverish pitch and it's getting plain ugly for taxpayers.

Who are the tollers in the Texas primary?

What a time to be a Texan! This year we have MANY hotly contested primary races and an opportunity to THROW THE BUMS OUT like never before. It's time to hold our politicians ACCOUNTABLE for their REFUSAL to listen to us about nixing these DOUBLE TAX toll roads!

There's a wave of FRESH, GRASSROOTS candidates that have filed to challenge the incumbent status quo politicians that have run Texas fiscally aground. Texans are now over $35 billion in debt for roads. According to federal stats, Texas is #1 in the nation in road debt! Most of it has been to subsidize toll roads with tax dollars while charging us AGAIN to use the road -- a DOUBLE TAX! The debt is unsustainable and irresponsible. There are not enough Texans who can afford to pay this extra tax on driving just to get to work. We need to reverse course & FAST!

Here's just a few of the key races involving tollers:

TEXAS SENATE DIST. 25
Toss PRO-TOLL JEFF WENTWORTH
DONNA CAMPBELL is the ONLY ANTI-TOLL candidate in the race!

Jeff Wentworth has voted for every toll road bill that ever came across his desk in the Senate, ditto at the MPO.
 
Another candidate in the SD 25 race is Elizabeth Ames-Jones. Both Jeff Wentworth and Elizabeth Ames-Jones have voted to toll our roads. Wentworth, more times than I can count, but here are the major ones: HB 3588 (2003), HB 2702 (2005), SB 792 (2007), SB 942 (2009), SB 1420 (2011) & HB 563 (2011).
 
Ames-Jones voted to toll 281, 1604, I-35 and most of San Antonio's local roads in July 2004 when she was a State Rep. and sat on the MPO.
 
Wentworth and Ames Jones had the unmitigated gall to lie to a San Antonio Republican Club and say they were against the toll toads, when the two of them are the REASON we're still facing toll roads all over San Antonio (57 toll projects are in the current MPO plan!).
 
Wentworth's law firm represented Zachry when Spain-based Cintra and partner, locally owned Zachry, slapped that unsolicited bid on TxDOT's desk to takeover and toll 281& 1604 in 2005, and Wentworth blocked that contract from being subjected to the moratorium on those foreign-owned toll roads back in 2007. It wasn't until we went on radio to expose the connection that Wentworth backtracked and we got 281 & 1604 yanked from Cintra. He's totally ingratiated himself with the highway lobby and pro-tollers his entire career (his campaign finance reports show the money trail). There is NO WAY he should be allowed to make such a claim and get away with it!
 
Wentworth also received an 'F' for the disastrous 82nd legislative session last year, voting for all of the worst, most anti-taxpayer, anti-property rights, pro-toll legislation since 2003.

By contrast, Campbell will fight to STOP ill-conceived toll projects, for ELECTED leadership at TxDOT, and to END road tax diversions! Candidates like Donna Campbell will need our help to defeat the well-funded, well-connected Jeff Wentworth and Elizabeth Ames-Jones who are awash in special interest money. You can contact Campbell's campaign to donate and/or volunteer today!

TEXAS HOUSE DIST. 121
Want a NEW House Transportation Committee Chair?
One that will listen to the PEOPLE & let our bills out of Committee?
Oust JOE STRAUS!
MATT BEEBE is the only anti-toll candidate in this race!

Another HOT race is right here in San Antonio. Matt Beebe is challenging State Representative and Speaker of the Texas House, Joe Straus, in Dist. 121. Matt is neck-to-neck with Straus and has a REAL chance of OUSTING Straus!

As Speaker, Straus is responsible for appointing EVERY Committee Chair as well as the members of each committee. So he controlled all the toll legislation for the last two sessions. Straus is responsible for the disastrous 82nd legislative session this year orchestrating some of the worst, most anti-taxpayer, anti-property rights, pro-toll legislation since 2003.

Beebe will fight to STOP ill-conceived toll projects, for ELECTED leadership at TxDOT, and to END road tax diversions! Candidates like Matt Beebe will need our help to defeat the well-funded, well-connected Joe Straus who's awash in special interest money. You can contact Beebe's campaign to donate and/or volunteer today!
 
SENATE DIST. 3
Toss PRO-TOLL Senator ROBERT NICHOLS
TAMMY BLAIR the only anti-toll candidate in the race!

Not only did Robert Nichols vote for the Trans Texas Corridor TTC-69 to move forward (SB 792, HB 300), he was the architect of an amendment to ensure the private toll operators would never lose money on the deal (SB 17, HB 300 in 2009).

Nichols is so pro-toll he's fine with slapping tolls on existing free lanes, like Hwy 59, and leaving us nothing but access roads as the free lanes -- which is a DOUBLE TAX to charge toll taxes to use lanes we've already paid for. He even voted to allow property taxes to subsidize toll roads (HB 563). East Texas taxpayers can't afford another term with Robert Nichols as their Senator.

Tammy Blair will fight to STOP ill-conceived toll projects (including every last vestige of the Trans Texas Corridor), for ELECTED leadership at TxDOT, and to END road tax diversions! Candidates like Blair will need our help to defeat the well-funded, well-connected Robert Nichols who's awash in special interest money. You can contact Blair's campaign to donate and/or volunteer today!

AUSTIN MAYOR
LEE LEFFINGWELL voted to toll MoPAC!
BRIGID SHEA is the anti-toll candidate in the race

Austin Mayor Lee Leffingwell and the CAMPO Board want to use $130 million in our gas taxes to build toll lanes on MoPac. They initially wanted to hand it over to a private corporation in a sweetheart deal, using a public private partnership, until TxDOT's $2 billion windfall came along.

Brigid Shea is challenging Leffingwell and will fight to STOP tolls on MoPac and bring greater accountability at TxDOT, CAMPO, and the toll authority -- the CTRMA. Candidates like Shea will need our help to defeat the well-funded, well-connected Lee Leffingwell who's awash in special interest money. You can contact Shea's campaign to donate and/or volunteer today!

Visit CitizensForABetterAustin.com and sign the petition to STOP tolls on MoPac in Austin!

HAYS COUNTY COMMISSIONER, Pct. 3
SAM BRANNON wants to oust PRO-TOLL WILL CONLEY

Sam Brannon is making a strong run against the Chair of the Austin MPO (known as CAMPO), Will Conley, for Hays County Commissioner Pct. 3.  Conley orchestrated the current round of toll roads hitting Hays & Travis County commuters, including slapping tolls on MoPac.

Part of Brannon's platform is local decision making, and not simply rolling out regional road plans without thorough local consideration. Since Hays County is currently creating its 2012 Transportation Plan, Hays County's Pct. 3 voters need to ensure their voices are heard regarding toll roads. Conley has already shown he REFUSES to listen to the will of the PEOPLE. It's time for a change!

Brannon will fight to STOP ill-conceived toll projects, for ELECTED leadership at TxDOT, and to END road tax diversions! Candidates like Sam Brannon will need our help to defeat the well-funded, well-connected Will Conley who's awash in special interest money. You can contact Brannon's campaign to donate and/or volunteer today!

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Many of you asked for an analysis of how your Texas legislators voted on transportation, infrastructure, and eminent domain-related legislation in the 82nd legislative session in 2011, so we produced a Report Card. See if your Texas legislators voted pro-taxpayer, pro-property rights on transportation legislation.

Download the TURF Report Card here.


(NOTE: The TURF Voter Guide is separate from the Report Card. The TURF Report Card is the record of the CURRENT INCUMBENTS in the Texas State Legislature; whereas, the TURF Voter Guide is the rating determined based on the answers candidates gave to transportation-related questions. The Voter Guide will be released this weekend in time for Early Voting!)

Dallas Mayor caves to pro-toll interests on Trinity Toll Road

Link to article here.

Six questions on Rawlings’ support of the Trinity

By MICHAEL A. LINDENBERGER
Transportation Writer
Dallas Morning News
02 May 2012 11:38 PM

Now that Dallas Mayor Mike Rawlings has lined up with his predecessors to support the Trinity River toll road, one minor mystery associated with the project has been answered. But there are still plenty of unanswered questions and unresolved hurdles.
How soon can the project begin? The Federal Highway Administration could issue a decision on the road — whether and where it can be built — by January. That would put the issue squarely in the U.S. Army Corps of Engineers’ lap, which must then approve two separate permits. That could take much of next year. Construction, under the best of circumstances, won’t begin before 2016, with the road open by 2019.

What about the money? The tolls on the road aren’t expected to produce anywhere near the amount of money needed to pay back debt needed to pay for the road, which will cost $1.8 billion (in 2016 dollars). Rawlings said that doesn’t bother him, in part because he’s confident that once the case is made for the road in Austin and elsewhere, and the regulatory hurdles are overcome, the money will be found.

Is it important to identify the funding soon? If all goes well, the federal highway agency could be ready to issue its final approval in January. But it won’t do so unless the city produces a plan that shows how the project will be funded. Here’s how the spokesman for the highway agency in Washington put it Wednesday: “In its financial plan, the project must demonstrate that funding is reasonably available for the completion of the project — which doesn’t necessarily mean the funding needs to be in hand at the ROD [record of decision] signing.”

So there is wiggle room. But the government means it when it says the funds have to be real. Assistant City Manager Jill Jordan conceded Wednesday that the city is nowhere close to having the funding reasonably certain.

Does the city have much time? Not if it doesn’t want to delay the project. Jordan stressed that final federal highway agency approval will be delayed anyway until the corps makes its decisions about the road and the other components of the project that are within the floodway. But the highway agency said that’s simply not the case.

Spokesman Doug Hecox said the agency does not expect to wait on the corps. “FHWA is on track to have its record of decision before the Army Corps of Engineers finishes its [evaluation],” he said.

Does Rawlings’ support for the road mean more waiting for the rest of the project? He said he has demanded the opposite, namely that the city have on his desk a plan for fast-tracking lakes and some other elements by June. Construction, he said, could be finished by 2015.

However, for as long as the city is relying on the road construction to provide the means to dig out the lakes, work on the lakes won’t begin until after approval for the road is issued. And that won’t come until after the money for the road is found.

In that sense, Rawlings’ support for the road keeps the lakes tied to the prospects of the toll road.

Will Rawlings’ support push the project over the hump? It’s tremendously important. His support by no means makes the approvals any easier and isn’t required in any fashion by the federal government. But had he opposed the road, or continued to keep his peace about it, his lack of support would have been heard loudly, not just by the federal officials but also by the North Texas Tollway Authority, local officials and residents in general.

LaHood backs off federal ban of cell phone use in cars

Link to article here.

US Transportation Secretary Disavows Cell Phone Story
US Transportation Secretary Ray LaHood denies promoting federal cell phone ban legislation.
The Newspaper.com
May 4, 2012

Sec. Ray LaHoodUS Transportation Secretary Ray LaHood is distancing himself from reports that he called for a federal law banning all cell phone use behind the wheel. The former Illinois congressman was in San Antonio, Texas speaking at a distracted driving summit. According to a widely cited Reuters report, "LaHood called on Thursday for a federal law to ban talking on a cell phone or texting while driving any type of vehicle on any road in the country." Not so, said a spokesman for the department.

"I can tell you that the Reuters report claiming the secretary announced a new push for a national distracted driving ban is inaccurate," LaHood's press secretary, Justin Nisly, wrote in an email. "The secretary has said for several years now that he is supportive of efforts in Congress to incentivize states to pass anti-texting and driving legislation, similar to the approach taken to prevent drunk driving and promote seat belt use. In the meantime, however, we're focused on our education and awareness efforts, as well as encouraging states to pass laws on their own."

A 2008 survey by the National Highway Transportation Safety Administration concluded driver distraction, not violating the speed limit, was the most common cause of collisions (view report). Likewise, the UK Department for Transport found similar results from its analysis of accidents on the roads of Great Britain (view report).

President Obama's fiscal 2013 budget proposed $8 million in taxpayer funds to continue LaHood's crusade to get states to adopt cell phone ban legislation at the state level. So far, the Governors Highway Safety Association counts ten states that ban drivers from using cell phones without a hands-free headset. Thirty-one states ban novice drivers from picking up a phone. Thirty-seven states specifically prohibit text messaging behind the wheel.

Accident statistics fail to show a benefit to laws authorizing police to issue tickets for cell phone use behind the wheel. Connecticut and New York both have banned the use of cell phones and text messaging. In 2010, the fatal accident rate (adjusted for traffic volume) increased 4.6 and 43.7 percent respectively. By comparison, some of the states without any specific text messaging or cell phone use laws saw decreases in accidents. Arizona's fatality rate dropped 5.4 percent, Florida dropped 4.3 percent, Missouri dropped 8.7 percent, Montana dropped 15 percent and South Carolina decreased 9.3 percent.

At the same time that the US Department of Transportation is pushing laws to ban in-car cell phone use, it is promoting the "511" government program that encourages drivers to dial 511 for information on traffic conditions instead of tuning in to a traffic reports on AM radio.

Canseco molested by TSA agents AGAIN

Link to article here.

I-TEAM: Congressman Canseco says he was assaulted during TSA pat-down


by Brian New / KENS 5

Posted on April 24, 2012 at 5:30 PM

Updated today at 12:18 PM

 

U.S. Rep. Francisco Canseco said he was assaulted by a TSA agent at the San Antonio International Airport.

The Texas Congressman said the security agent went too far during a pat-down earlier this month.

"The agent was very aggressive in his pat-down, and he was patting me down where no one is supposed to go,” said Canseco.  “It got very uncomfortable so I moved his hand away.  That stopped everything and brought in supervisors and everyone else."

Canseco told the KENS 5 I-Team the agent said he too was assaulted when Canseco pushed his hand away.
 
According to TSA, neither man was cited.

A week later when going through the San Antonio International Airport, Canseco was once again selected for a pat-down.

"I did not see it as a coincidence,” he said.  “I asked them why are you going to pat me down again, so we discussed it further and after discussing it further, they patted me down."

However, before the discussion was over, San Antonio Police Department officers were called to the security check point area.

Again, no one was cited.
TSA issued the I-Team the following statement about the incident:

"TSA incorporates random and unpredictable security measures throughout the airport. Once a passenger enters the screening process, they must complete it prior to continuing to a flight or secure area."

Canseco said his experience illustrated changes in the airport security are needed.

"It is very important that Americans feel safe and secure as they travel in our nation’s airways - safe and secure from acts of terrorism and all that.  But, I also think that TSA sometimes gets too aggressive, and it's not just about me. It's about every American that goes through those TSA scanners."

The I-Team requested video from TSA of both incidents.  A TSA spokesperson said our request is being reviewed.

-------------------------------------------------------------------------------------------------

UPDATE 4/25

TSA issued the following statement:

TSA has been contacted by the Congressman's office and will respond to them directly. Once a passenger enters the screening process, they must complete it prior to continuing to a flight or secure area.

Where should the $2 billion go? Fix US 281 without tolls

For Immediate Release

March 6, 2012
CONTACT:Terri Hall
Founder/Director
Texans Uniting for
Reform and Freedom
(210) 275-0640
WEB: www.TexasTURF.org

Where should the new money go? TxDOT 'finds' $2 billion
Taxpayers want US 281 fixed without tolls

(San Antonio, TX) - TxDOT recently 'found' $2 billion in extra money ($700 million anticipated from the federal government and $1.3 billion gained from 'efficiencies').

"The San Antonio-Bexar County Metropolitan Planning Organization (MPO) and ALL of our local elected leaders have the obligation to aggressively seek enough of these funds to fix US 281 WITHOUT TOLLS," contends Terri Hall, Founder/Director of Texans Uniting for Reform and Freedom. "The controversy surrounding the US 281 project has gone on long enough. The citizens have spoken out against tolling US 281 by overwhelming majorities, forcing two lawsuits to stop the toll road. Enough is enough. Let's move forward without saddling already stressed commuters with higher taxes, tolls, to get to work."

The public was promised in hearings in 2001 that it would get the overpasses and expansion on US 281 funded with gas taxes (and remain a FREEway) before the Legislature, Rick Perry, and eventually the MPO decided to turn everything into a toll road in 2003 & 2004.

US 281 needs to be top priority
TURF says of all the projects that need to have non-toll funding restored, it's US 281. The MPO's bylaws state that the first project to lose its funding should be the first one to have it restored.

"Getting US 281 fixed WITHOUT TOLLS needs to be the highest priority of our local leaders post-haste," states Hall.

This segment of US 281 is tied for the THE most congested road in the state, according to TTI's commuter stress index.

Bexar County being shorted
According to TxDOT figures for the last five years and the next five years, Bexar County and the San Antonio District has been persistently shorted in both traditional and discretionary road funds. The San Antonio District received just $320 million or 5%, according to the most recent DISCO report, when it should be closer to 10% or 11%, and Bexar County only received 2.87% of the state total (compared to Tarrant County/Ft. Worth that's almost identical in size to Bexar County that received 10.9% of the state total and the Ft. Worth District received $830 mil or 13.1%).

"This is UNACCEPTABLE. Taxpayers rely on our elected representatives to secure the tax dollars we've put into the system to come back to our region to pay for desperately needed transportation projects. It's simply not true to say there's no money to fix our roads without tolls, when Prop 14, Prop 12, stimulus money, and now this new-found $2 billion in funds have all come along since the US 281 toll road battle ensued," contends Hall.

TxDOT is legally bound by its own rules in the Texas Administrative Code that it cannot withhold funds due to a region if they choose not to include toll roads in their plans. Yet, the evidence seems to show Bexar County is consistently being shorted.

"Now is the time to restore what's been taken, and to make right what has been wronged. It's incumbent upon our elected officials to ensure US 281 gets its funding restored in order to complete this long overdue project, and to help take a positive step forward to restore the breach of trust between the public and our leaders with regards to transportation policy across our state," argues Hall. "It only adds insult to injury when you consider the County, with the MPO's blessing, stole $96 million in ATD road funds to install a street car line downtown where there's NO congestion."

Gas price already hammering motorists
Government has figured out that instead of solving congestion, they can manipulate it for a profit (by keeping free lanes congested and forcing people to pay a premium to get mobility), imposing tolls on all new capacity to our roads, even on EXISTING lanes that we travel today without tolls. The plan on US 281 is to slap tolls on every single existing freeway lane, leaving frontage roads with slower speed limits and permanent stop lights, as the only non-toll option.

"It's a huge DOUBLE TAX," Hall points out.

It costs 1-2 cents per mile to travel a gas tax funded freeway, but anywhere from 20 cents a mile up to 75 cents per mile to use a toll lane (depending on whether its publicly or privately run), greatly increasing the cost to travel when motorists are already being hit hard by escalating gas prices. A gas tax funded road costs PENNIES a day versus a toll road that costs DOLLARS a day and THOUSANDS more in new taxes per year.

The way toll roads are being financed today, all Texans are paying to build them through subsidies of taxpayer money like gas tax, but motorists won't be able to use them without paying a toll, too. So whether a person can afford to take these toll lanes or not, they're paying for them.

"This notion that tolls are user fees is a myth when you look at how heavily they're subsidized by ALL taxpayers. You're also paying for them through a higher cost of goods that gets passed onto consumers," contends Hall.

TURF is encouraging commuters to make their voices heard and ask their elected leaders to secure the funds necessary to fix US 281 without new taxation -- tolls. Dial the Capitol Switchboard at (512) 463-4630 and they'll help you find who your state representatives are and put you through.

Texans Uniting for Reform & Freedom
TURF is a non-partisan, grassroots, all-volunteer group defending citizens' concerns with Agenda 21, toll road policy, public private partnerships, and eminent domain abuse. TURF promotes pro-taxpayer, pro-freedom, & non-toll transportation solutions. For more information or to support the work of TURF, please visit www.TexasTURF.org.

Hutchison, Canseco file amendment to protect taxpayers from tolls on existing freeways

Federal highway bill debate starts in U.S. House today

(San Antonio, TX - February 15, 2012) - Today the U.S. House of Representatives begin to debate the federal highway bill known as the American Energy & Infrastructure Jobs Act. The U.S. Senate will soon follow. It's been 7 years since Congress passed the last federal highway bill. Now its racing through Congress at the speed of light.

An amendment to allow tolls on ALL existing interstates in all 50 states is expected to be presented on the floor by Senator Tom Carper of Delaware. Imposing tolls on existing freeways is a DOUBLE TAX -- charging motorists an additional tax, a toll, to use what they've already built and paid for.

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