Hill Country Cattlewomen January Meeting
Mason County News
Copyright 2009
Hill Country Cattlewomen will begin the new year with their January legislative meeting to be held on Tuesday, January 19th at the Inn of the Hills, 1001 Junction Highway, Kerrville. The public is invited to join members and guests to hear our guest speaker, Margaret Hage Byfield who serves as executive director of American Stewards of Liberty, the newly merged association of Stewards of the Range and the American Land Foundation.
She will be discussing the "coordination" strategy American Stewards has been teaching across the nation to help local leaders protect their economy and way of life. American Stewards helped form the first 391 Commission in Texas, which allowed five towns and their school districts in Eastern Bell County to require the Texas Department of Transportation (TXDOT) to "coordinate" the Trans Texas Corridor (TTC) with their communities.
This resulted in the Commission convincing the Federal Highway Administration that the environmental study could not be approved, forcing TXDOT to recommend the "no-build" option for the TTC-I-35 Corridor. American Stewards has since helped form 14 similar commissions across Texas to fight several issues including the CREZ transmission lines proposed through the Hill Country.
Margaret is the wife of Dan Byfield and daughter of Wayne and Jean Hage who filed the landmark property rights case Hage vs United States in the US Court of Federal Claims in 1991. She will also be bringing us a report on the latest decision in this case. Coffee and social begins at 10:00 a.m., with the meeting starting at 10:30 a.m. Mrs Byfield will speak at 11:00 a.m. and lunch will follow.
Reservations for the luncheon will be necessary at the cost of $16.00. Members please call your area reservation chairman, non-menbers please contact Marsha Kothmann at 325-347-5511 or by email at bkr@hctc.net no later than January 12th.
© 2009 Mason County News: www.masoncountynews.com
January 6, 2010
December 17, 2009
Snyder Praises Mayor's Leadership
By Sonya Campbell, Managing Editor
The Cameron Herald
[The City Council] heard from Ralph Snyder of the Eastern Central Texas Sub-Regional Planning Commission, who commented on the demise of the planned Trans-Texas Corridor.
Saying he wanted to dispel myths, Snyder noted the Texas Department of Transportation killed the project, not due to the public’s concerns but because the proposed route traveled through Blackland prairie — federally protected farmland.
“This black gumbo we live in saved us,” Snyder said.
He cautioned, however, that the project could be resurrected in another form.
Before concluding his comments, Snyder praised the efforts of the planning commission and its members.
He presented the mayor with a “Spirit of Liberty Award” from the American Stewards of Liberty, a national group founded in the early 1990s that has about 6,000 members.
The award is presented to someone in the U.S. once a year, Snyder said.
This year, plaques were given to all of the sub-regional planning commission members for their efforts to halt the corridor project.
“Thank you for joining and supporting the planning commission,” Snyder said.
He also commended the mayor on his leadership abilities, saying, “He deserves a lot of credit.”
© 2009 The Cameron Herald: www.cameronherald.com
By Sonya Campbell, Managing Editor
The Cameron Herald
[The City Council] heard from Ralph Snyder of the Eastern Central Texas Sub-Regional Planning Commission, who commented on the demise of the planned Trans-Texas Corridor.
Saying he wanted to dispel myths, Snyder noted the Texas Department of Transportation killed the project, not due to the public’s concerns but because the proposed route traveled through Blackland prairie — federally protected farmland.
“This black gumbo we live in saved us,” Snyder said.
He cautioned, however, that the project could be resurrected in another form.
Before concluding his comments, Snyder praised the efforts of the planning commission and its members.
He presented the mayor with a “Spirit of Liberty Award” from the American Stewards of Liberty, a national group founded in the early 1990s that has about 6,000 members.
The award is presented to someone in the U.S. once a year, Snyder said.
This year, plaques were given to all of the sub-regional planning commission members for their efforts to halt the corridor project.
“Thank you for joining and supporting the planning commission,” Snyder said.
He also commended the mayor on his leadership abilities, saying, “He deserves a lot of credit.”
© 2009 The Cameron Herald: www.cameronherald.com
December 9, 2009
LCRA to Upgrade and Expand Electric Line through Mason
Texas Hill Country Heritage Association
Mason County News
LCRA has notified landowners along the Mason to Pittsburg electric transmission line, a 69 kv line generally paralleling Highway 29 E towards Llano, of their intent to expand and upgrade the existing line.
Construction is to begin in the fall of 2010, but LCRA TSC crews are already surveying the right-of-way, originally built by West Texas Utilities and now operated by American Electric Power Texas North Company (AEP TNC).
The Texas Hill County Heritage Association strongly recommends any landowner affected by this line to seek immediate legal advice concerning these old right-of-way documents. LCRA TSC is going to upgrade the existing line by replacing all deteriorating poles, cross arms and x-braces, and upgrade the transmission line to 138 kilovolts.
LCRA is already driving their equipment over this easement and are having a difficult time staying on the existing right-of-way. Many landowners have reported to the THCHA of crews and equipment trespassing on their private property causing damage.
THCHA will be requesting the directors of the newly formed Mason Sub-Regional Planning Commission (MSRPC) to begin coordination meetings with the LCRA TSC regarding this project. Landowners in Mason County have concerns that must be addressed and LCRA TSC is required by law to coordinate any and all plans within the county with the planning commission.
If you have any questions or comments, please send them to our attention and we will make sure the MSRPC addresses your concerns.
© 2009 Mason County News: www.masoncountynews.com
Texas Hill Country Heritage Association
Mason County News
LCRA has notified landowners along the Mason to Pittsburg electric transmission line, a 69 kv line generally paralleling Highway 29 E towards Llano, of their intent to expand and upgrade the existing line.
Construction is to begin in the fall of 2010, but LCRA TSC crews are already surveying the right-of-way, originally built by West Texas Utilities and now operated by American Electric Power Texas North Company (AEP TNC).
The Texas Hill County Heritage Association strongly recommends any landowner affected by this line to seek immediate legal advice concerning these old right-of-way documents. LCRA TSC is going to upgrade the existing line by replacing all deteriorating poles, cross arms and x-braces, and upgrade the transmission line to 138 kilovolts.
LCRA is already driving their equipment over this easement and are having a difficult time staying on the existing right-of-way. Many landowners have reported to the THCHA of crews and equipment trespassing on their private property causing damage.
THCHA will be requesting the directors of the newly formed Mason Sub-Regional Planning Commission (MSRPC) to begin coordination meetings with the LCRA TSC regarding this project. Landowners in Mason County have concerns that must be addressed and LCRA TSC is required by law to coordinate any and all plans within the county with the planning commission.
If you have any questions or comments, please send them to our attention and we will make sure the MSRPC addresses your concerns.
© 2009 Mason County News: www.masoncountynews.com
November 5, 2009
City one step closer to forming sub-regional planning commission
By Bill Crist
The Cameron Herald
The Cameron City Council heard the first reading of an ordinance that will create the Little River Basin Sub-Regional Planning Commission at its meeting Monday night.
The benefits of forming a commission were presented to the council by Ralph Snyder, Dan Byfield and Gene Linn. They told the council that a sub-regional commission has the same "stature" as a council of governments, but can focus its attention at a much more local level.
According to Cameron City Manager Ricky Tow, the commission will be an agreement between two or more cities, and could include the county and local school boards - although none of those details have been addressed.
Tow said the East Central Texas Sub Regional Planning Commission played an instrumental role in raising concerns and slowing down the Trans Texas Corridor, as well as raising flags about the path of proposed power lines.
"It can be a huge tool," Tow said.
The second reading of the ordinance is expected to be on the council's agenda at its next meeting.
© 2009 Cameron Herald: www.cameronherald.com
By Bill Crist
The Cameron Herald
The Cameron City Council heard the first reading of an ordinance that will create the Little River Basin Sub-Regional Planning Commission at its meeting Monday night.
The benefits of forming a commission were presented to the council by Ralph Snyder, Dan Byfield and Gene Linn. They told the council that a sub-regional commission has the same "stature" as a council of governments, but can focus its attention at a much more local level.
According to Cameron City Manager Ricky Tow, the commission will be an agreement between two or more cities, and could include the county and local school boards - although none of those details have been addressed.
Tow said the East Central Texas Sub Regional Planning Commission played an instrumental role in raising concerns and slowing down the Trans Texas Corridor, as well as raising flags about the path of proposed power lines.
"It can be a huge tool," Tow said.
The second reading of the ordinance is expected to be on the council's agenda at its next meeting.
© 2009 Cameron Herald: www.cameronherald.com
October 28, 2009
Planning Commission Formed to fight Transmission Line
Mason County News
Mason, Texas – In an unprecedented move, the City and County Commissioners have both formally adopted separate resolutions to create the Mason Sub-Regional Planning Commission in response to the proposed LCRA TSC 345 KV transmission line.
This new planning commission is allowed under state statute 391 of the Local Government Code as a way for cities and counties to band together and work to protect and improve the health, safety, and general welfare of their residents.
“Since Mason County has been thrust into this fight over the LCRA transmission line, we felt we needed more than comments, letters, and protests to the Public Utility Commission and the Lower Colorado River Authority,” stated Mason County Judge Jerry Bearden. Bearden will serve as the county’s representative on the newly created commission board, along with Mayor Brent Hinckley representing the city.
“When we learned we could form this commission to protect our citizens, there was no hesitation on our city commission’s part,” exclaimed Mayor Brent Hinckley. There are over a dozen such planning commissions statewide that are fighting the Trans-Texas Corridor and TXDOT.
Under the 391 statute, state agencies, like the PUC and LCRA, are required by law to coordinate their plans and policies with local planning commissions at the regional level. This means any plans LCRA and/or the PUC have to construct electric lines through the jurisdiction of this new planning commission must be discussed in government-to-government meetings before any lines can be constructed through the county. This is outside the regulatory process of the PUC.
“We’ll be sending a letter to both the PUC and LCRA requesting they come to Mason, Texas to begin the coordination process with our planning commission,” explained Bearden. “And, they will have to figure out how to comply with our electric transmission policy,” added Hinckley.
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“This is local control at its finest,” said Mike Dail, chairman of the public relations committee of the newly formed non-profit Texas Hill Country Heritage Association (THCHA). THCHA was also formed in response to the electric transmission line and will be working closely with the new planning commission. In fact, Mike Dail has been named as the third member of the commission board to serve with Judge Bearden and Mayor Hinckley.
Under the 391 statute, a planning commission can develop policies and plans for practically any purpose to benefit the citizens of the region. A commission may plan for development of a region and make recommendations concerning transportation, public utilities, health, education, recreation, agriculture, business, industry, historical and cultural sites, land use, water supply, sanitation facilities, drainage, public buildings, economic, and other items of general purpose.
© 2009 Mason County News: www.masoncountynews.com
Mason County News
Mason, Texas – In an unprecedented move, the City and County Commissioners have both formally adopted separate resolutions to create the Mason Sub-Regional Planning Commission in response to the proposed LCRA TSC 345 KV transmission line.
This new planning commission is allowed under state statute 391 of the Local Government Code as a way for cities and counties to band together and work to protect and improve the health, safety, and general welfare of their residents.
“Since Mason County has been thrust into this fight over the LCRA transmission line, we felt we needed more than comments, letters, and protests to the Public Utility Commission and the Lower Colorado River Authority,” stated Mason County Judge Jerry Bearden. Bearden will serve as the county’s representative on the newly created commission board, along with Mayor Brent Hinckley representing the city.
“When we learned we could form this commission to protect our citizens, there was no hesitation on our city commission’s part,” exclaimed Mayor Brent Hinckley. There are over a dozen such planning commissions statewide that are fighting the Trans-Texas Corridor and TXDOT.
Under the 391 statute, state agencies, like the PUC and LCRA, are required by law to coordinate their plans and policies with local planning commissions at the regional level. This means any plans LCRA and/or the PUC have to construct electric lines through the jurisdiction of this new planning commission must be discussed in government-to-government meetings before any lines can be constructed through the county. This is outside the regulatory process of the PUC.
“We’ll be sending a letter to both the PUC and LCRA requesting they come to Mason, Texas to begin the coordination process with our planning commission,” explained Bearden. “And, they will have to figure out how to comply with our electric transmission policy,” added Hinckley.
Advertisement • Your Ad Here
“This is local control at its finest,” said Mike Dail, chairman of the public relations committee of the newly formed non-profit Texas Hill Country Heritage Association (THCHA). THCHA was also formed in response to the electric transmission line and will be working closely with the new planning commission. In fact, Mike Dail has been named as the third member of the commission board to serve with Judge Bearden and Mayor Hinckley.
Under the 391 statute, a planning commission can develop policies and plans for practically any purpose to benefit the citizens of the region. A commission may plan for development of a region and make recommendations concerning transportation, public utilities, health, education, recreation, agriculture, business, industry, historical and cultural sites, land use, water supply, sanitation facilities, drainage, public buildings, economic, and other items of general purpose.
© 2009 Mason County News: www.masoncountynews.com
October 8, 2009
Coordination Defeats I-35 Trans Texas Corridor Project (TTC-35)
American Stewards of Liberty
Copyright 2009
On October 7th, 2009 we had one of our most resounding victories for coordination that not only affects Texas, but the nation. It is a victory for private property rights proving that when a few good Americans decide something is wrong and are willing to take a stand, they can win against incredible odds.
In a press conference in Austin, Texas, Amadeo Saenz, executive director of the Texas Department of Transportation (TXDOT), announced on behalf of Texas Governor Rick Perry, that the Trans-Texas Corridor, I-35 Segment is dead. TXDOT will be recommending the “No Build” option to the Federal Highway Administration.
You read it right – the key leg of the NAFTA Superhighway is dead and every member of American Stewards of Liberty played a key role in making this happen.
It is hard to place into words the magnitude of this coordination victory.
In August of 2007, four unpaid mayors and their school districts in eastern Bell County, Texas stepped forward and asserted their coordination authority for the first time in Texas history.
They demanded an equal seat at the table with TXDOT and held their first meeting with the agency on the I-35 super corridor October 22, 2007. It was during this meeting that the environmental study director informed them the Final DEIS (Draft Environmental Impact Statement) would be submitted to the Federal Highway Administration (FHA) by January, 2008.
The next step would be condemnation of the 146 acres per mile to build the super highway.
The newly formed Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) went to work laying out in government-to-government meetings the flaws in TXDOT’s study and violations of law being committed by the agency.
They met two more times with the Transportation agency filing two lengthy petitions with the Federal Highway Administration, the latest one being sent in June, 2009 calling on the FHA to reject the study in its entirety. The ECTSRPC set forth 27 pages of violations of federal law being carried out by FHA’s agent, TXDOT that no one had pointed out before.
TXDOT and FHA have been in discussions on the final DEIS for most of this year. We have no doubt that the last petition caused the FHA to suggest TXDOT present another option. Today we learn that option is “NO BUILD.”
The coordination strategy utilized by these courageous Texans, developed by Fred Kelly Grant, president of American Stewards, stopped the I-35 Trans-Texas Corridor.
How big is this coordination victory for local government? Here is what we were up against:
American Stewards of Liberty
Copyright 2009
On October 7th, 2009 we had one of our most resounding victories for coordination that not only affects Texas, but the nation. It is a victory for private property rights proving that when a few good Americans decide something is wrong and are willing to take a stand, they can win against incredible odds.
In a press conference in Austin, Texas, Amadeo Saenz, executive director of the Texas Department of Transportation (TXDOT), announced on behalf of Texas Governor Rick Perry, that the Trans-Texas Corridor, I-35 Segment is dead. TXDOT will be recommending the “No Build” option to the Federal Highway Administration.
You read it right – the key leg of the NAFTA Superhighway is dead and every member of American Stewards of Liberty played a key role in making this happen.
It is hard to place into words the magnitude of this coordination victory.
In August of 2007, four unpaid mayors and their school districts in eastern Bell County, Texas stepped forward and asserted their coordination authority for the first time in Texas history.
They demanded an equal seat at the table with TXDOT and held their first meeting with the agency on the I-35 super corridor October 22, 2007. It was during this meeting that the environmental study director informed them the Final DEIS (Draft Environmental Impact Statement) would be submitted to the Federal Highway Administration (FHA) by January, 2008.
The next step would be condemnation of the 146 acres per mile to build the super highway.
The newly formed Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) went to work laying out in government-to-government meetings the flaws in TXDOT’s study and violations of law being committed by the agency.
They met two more times with the Transportation agency filing two lengthy petitions with the Federal Highway Administration, the latest one being sent in June, 2009 calling on the FHA to reject the study in its entirety. The ECTSRPC set forth 27 pages of violations of federal law being carried out by FHA’s agent, TXDOT that no one had pointed out before.
TXDOT and FHA have been in discussions on the final DEIS for most of this year. We have no doubt that the last petition caused the FHA to suggest TXDOT present another option. Today we learn that option is “NO BUILD.”
The coordination strategy utilized by these courageous Texans, developed by Fred Kelly Grant, president of American Stewards, stopped the I-35 Trans-Texas Corridor.
How big is this coordination victory for local government? Here is what we were up against:
- The Trans-Texas Corridor was a keystone project for Governor Perry;
- It was fully supported by President George W. Bush;
- It had the funding of the Spanish Corporation, Cintra-Zachry;
- The people of Texas tried to repeal the TTC project during three legislative sessions, but were thwarted each time by the governor and road lobby;
- The State of Texas spent $16 million on environmental and planning documents;
- $3.5 million were made in political contributions to candidates from TTC Contractors;
- $6.1 million was spent by TTC Contractors for paid lobbyist to get the project through.
If you are not a member of American Stewards, we invite you to join us. Click Here to sign up.
If you would like to learn more about the coordination strategy used to stop the I-35 Trans Texas Corridor, make plans to attend our annual conference, November 5-7 in Denver, Colorado where we will spend two-and-a-half days teaching you how you too can bring home local control. Click Here to learn about the conference.
Click Here to read the press release.
Click Here to read the petition to the FHA.
Click Here to read more about Texas coordination.
© 2009 American Stewards of Liberty: www.stewards.us
Cintra: Texas Recommends Dropping TTC-35 Highway Project
By Jason Sinclair
Dow Jones Newswires
MADRID--Spanish toll-road company Cintra Concesiones de Infraestructuras SA (CIN.MC) said Thursday that the Texas Department of Transportation had recommended against going forward with the Trans-Texas Corridor-35 highway.
In a filing to the Spanish market regulator, Cintra said the Texas state government made the decision after the U.S. Federal Highway Administration raised questions about the environmental impact of the planned highway.
In 2004, a Cintra-led consortium was chosen to design and plan the TTC-35 highway.
Cintra is already building another Texas highway called the SH 130, which won't be affected by the decision, the company said.
Cintra has won a number of projects in Texas as the state looks to build new roads and privatize existing ones through public-private partnerships.
Company Web site: http://www.cintra.es
91 395 8127; jason.sinclair@dowjones.com
© 2009 Dow Jones Newswires: online.wsj.com
By Jason Sinclair
Dow Jones Newswires
MADRID--Spanish toll-road company Cintra Concesiones de Infraestructuras SA (CIN.MC) said Thursday that the Texas Department of Transportation had recommended against going forward with the Trans-Texas Corridor-35 highway.
In a filing to the Spanish market regulator, Cintra said the Texas state government made the decision after the U.S. Federal Highway Administration raised questions about the environmental impact of the planned highway.
In 2004, a Cintra-led consortium was chosen to design and plan the TTC-35 highway.
Cintra is already building another Texas highway called the SH 130, which won't be affected by the decision, the company said.
Cintra has won a number of projects in Texas as the state looks to build new roads and privatize existing ones through public-private partnerships.
Company Web site: http://www.cintra.es
91 395 8127; jason.sinclair@dowjones.com
© 2009 Dow Jones Newswires: online.wsj.com
October 7, 2009
Mayors Defeat Trans-Texas Corridor (TTC-35) and TxDOT
Contact: Mae Smith, President/Mayor, 254-657-2460
Eastern Central Texas Sub-Regional Planning Commission
Holland, Texas - Five local mayors took a stand 27 months ago and formed the state's first sub-regional planning commission to stand up against and stop once and for all the governor's massive land grab known as the Trans-Texas Corridor. No one thought they could.
Today, the Texas Department of Transportation and the governor announced that the State of Texas has officially killed the project by selecting the "No Build" option under the environmental impact statement study. Selecting that option was exactly what the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) forced the Texas Department of Transportation (TxDOT) into choosing.
"Believe me, it wasn't what they wanted to do, it's what we forced them to do," stated Mae Smith, Mayor of Holland and president of the ECTSRPC. The planning commission began a series of what is called coordination meetings in the fall of 2007, by utilizing a little known state statute that forced the behemoth agency to come to Holland, Texas.
TxDOT came to Holland on three different occasions where they were asked to explain why they were going to destroy five towns and their school districts with a 1,200 foot-wide, 146 acre per mile toll road. "Through coordination, we forced them to our table and then we used the federal NEPA (National Environmental Policy Act) statute to box them in a legal corner out of which they could not escape," stated Ralph Snyder, a local Holland businessman and board member of the ECTSRPC. "That's what forced TxDOT to recommend 'No Build' to the Federal Highway Administration because we had shown how TxDOT, as the agent of the federal government, had violated the federal statute in at least 29 ways," Snyder continued.
Fred Grant, president of American Stewards of Liberty, is the originator of the coordination strategy that brought TxDOT to their knees. "Had we not had five courageous mayors who represent a total of 6,000 people stand up to the governor and his rogue state agency, the Trans-Texas Corridor would have destroyed hundreds of thousands of private acres of prime and unique farmland, as well as, the economies of every community it dissected," stated Grant.
The TTC-35 is just one of the 4,000 miles of toll roads that nine state planning commissions are fighting.
"TxDOT can still continue to build 130, TTC-69, and the Ports-to-Plains toll roads, but defeating the TTC-35 is a major victory for the rural people of Texas."
To obtain a copy of the petition filed by the ECTSRPC showing the federal violations of TxDOT, please contact American Stewards of Liberty at 512-365-2699.
© 2009 ECTSRPC: ectsrpc.blogspot.com
Contact: Mae Smith, President/Mayor, 254-657-2460
Eastern Central Texas Sub-Regional Planning Commission
Holland, Texas - Five local mayors took a stand 27 months ago and formed the state's first sub-regional planning commission to stand up against and stop once and for all the governor's massive land grab known as the Trans-Texas Corridor. No one thought they could.
Today, the Texas Department of Transportation and the governor announced that the State of Texas has officially killed the project by selecting the "No Build" option under the environmental impact statement study. Selecting that option was exactly what the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) forced the Texas Department of Transportation (TxDOT) into choosing.
"Believe me, it wasn't what they wanted to do, it's what we forced them to do," stated Mae Smith, Mayor of Holland and president of the ECTSRPC. The planning commission began a series of what is called coordination meetings in the fall of 2007, by utilizing a little known state statute that forced the behemoth agency to come to Holland, Texas.
TxDOT came to Holland on three different occasions where they were asked to explain why they were going to destroy five towns and their school districts with a 1,200 foot-wide, 146 acre per mile toll road. "Through coordination, we forced them to our table and then we used the federal NEPA (National Environmental Policy Act) statute to box them in a legal corner out of which they could not escape," stated Ralph Snyder, a local Holland businessman and board member of the ECTSRPC. "That's what forced TxDOT to recommend 'No Build' to the Federal Highway Administration because we had shown how TxDOT, as the agent of the federal government, had violated the federal statute in at least 29 ways," Snyder continued.
Fred Grant, president of American Stewards of Liberty, is the originator of the coordination strategy that brought TxDOT to their knees. "Had we not had five courageous mayors who represent a total of 6,000 people stand up to the governor and his rogue state agency, the Trans-Texas Corridor would have destroyed hundreds of thousands of private acres of prime and unique farmland, as well as, the economies of every community it dissected," stated Grant.
The TTC-35 is just one of the 4,000 miles of toll roads that nine state planning commissions are fighting.
"TxDOT can still continue to build 130, TTC-69, and the Ports-to-Plains toll roads, but defeating the TTC-35 is a major victory for the rural people of Texas."
To obtain a copy of the petition filed by the ECTSRPC showing the federal violations of TxDOT, please contact American Stewards of Liberty at 512-365-2699.
© 2009 ECTSRPC: ectsrpc.blogspot.com
October 6, 2009
Perry pulls plug on Trans Texas Corridor...but another lives on
Terri Hall
San Antonio Express-News
If you believe Rick Perry, today he's finally conceded the death of the initial Trans Texas Corridor foreign-owned toll road, land-grabbing superhighway that would have paralleled I-35, called TTC-35. However, there's LOTS more to this story.
Perry would have us believe the announcement was because of the lack of political support, but since when does he care a flip about whether his toll road policies have political support? Look no further than his veto of eminent domain reform legislation, HB 2006, and the private toll moratorium bill, HB 1892, passed by a supermajority of the Texas Legislature in 2007 for proof.
There's never been grassroots support for his hefty toll tax increases nor the Trans Texas Corridor. The REAL reason Perry's highway department, the Texas Department of Transportation (TXDOT), put the nail in the coffin of TTC-35 was because it was under the threat of a federal lawsuit by a local government commission, the Eastern Central Texas Sub-Regional Planning Commission, which was formed to stop TTC-35 dead in its tracks.
There's nothing that puts more fear in a politician up for re-election than a messy, well-publicized federal lawsuit against one of his most controversial, polarizing policies. So rather than risk certain death at the polls, Perry opted for the death of his beloved special interest TTC-35. Of course, the Texas Farm Bureau's endorsement of Senator Kay Bailey Hutchison for governor played a role in the timing of the announcement.
Hutchison said in a statement today: "The Trans-Texas Corridor will not be officially dead until Rick Perry is no longer governor and his political appointees are no longer running TxDOT. Texans can't trust Rick Perry when it comes to protecting their land from the government, ceding to lease our highways to foreign companies or ending the Trans-Texas Corridor."
I couldn't agree more.
Trans Texas Corridor #2 still alive & well
To demonstrate the point that Texas isn't safe from Perry's policies until he's kicked out of office, the Trans Texas Corridor plan #2, known as TTC-69/I-69 in the hands of Spanish company ACS, is still on the table.
"Officials said that project (69), which unlike the I-35 plan would mainly involve expanding existing highways, remains alive," according to the Austin American Statesman on October 6, 2009.
When over 28,000 Texans went on the record AGAINST TTC-69, it goes to show Perry's same ol' stubborn indifference to the people of Texas in regards to the Trans Texas Corridor.
He throws the public a bone over here (saying the "TTC-35 is dead") in order to distract from an equally controversial debacle over there (TTC-69) that threatens to damage the environment, private property rights, and the economic prosperity of thousands of Texans.
Bottom line: Texans can't trust Rick Perry to keep his word or to truly KILL his destructive, detested toll road agenda. The only sure way to keep Texas safe is to give Perry the boot!
© 2009 San Antonio Express-News: mysanantonio.com
Terri Hall
San Antonio Express-News
If you believe Rick Perry, today he's finally conceded the death of the initial Trans Texas Corridor foreign-owned toll road, land-grabbing superhighway that would have paralleled I-35, called TTC-35. However, there's LOTS more to this story.
Perry would have us believe the announcement was because of the lack of political support, but since when does he care a flip about whether his toll road policies have political support? Look no further than his veto of eminent domain reform legislation, HB 2006, and the private toll moratorium bill, HB 1892, passed by a supermajority of the Texas Legislature in 2007 for proof.
There's never been grassroots support for his hefty toll tax increases nor the Trans Texas Corridor. The REAL reason Perry's highway department, the Texas Department of Transportation (TXDOT), put the nail in the coffin of TTC-35 was because it was under the threat of a federal lawsuit by a local government commission, the Eastern Central Texas Sub-Regional Planning Commission, which was formed to stop TTC-35 dead in its tracks.
There's nothing that puts more fear in a politician up for re-election than a messy, well-publicized federal lawsuit against one of his most controversial, polarizing policies. So rather than risk certain death at the polls, Perry opted for the death of his beloved special interest TTC-35. Of course, the Texas Farm Bureau's endorsement of Senator Kay Bailey Hutchison for governor played a role in the timing of the announcement.
Hutchison said in a statement today: "The Trans-Texas Corridor will not be officially dead until Rick Perry is no longer governor and his political appointees are no longer running TxDOT. Texans can't trust Rick Perry when it comes to protecting their land from the government, ceding to lease our highways to foreign companies or ending the Trans-Texas Corridor."
I couldn't agree more.
Trans Texas Corridor #2 still alive & well
To demonstrate the point that Texas isn't safe from Perry's policies until he's kicked out of office, the Trans Texas Corridor plan #2, known as TTC-69/I-69 in the hands of Spanish company ACS, is still on the table.
"Officials said that project (69), which unlike the I-35 plan would mainly involve expanding existing highways, remains alive," according to the Austin American Statesman on October 6, 2009.
When over 28,000 Texans went on the record AGAINST TTC-69, it goes to show Perry's same ol' stubborn indifference to the people of Texas in regards to the Trans Texas Corridor.
He throws the public a bone over here (saying the "TTC-35 is dead") in order to distract from an equally controversial debacle over there (TTC-69) that threatens to damage the environment, private property rights, and the economic prosperity of thousands of Texans.
Bottom line: Texans can't trust Rick Perry to keep his word or to truly KILL his destructive, detested toll road agenda. The only sure way to keep Texas safe is to give Perry the boot!
© 2009 San Antonio Express-News: mysanantonio.com
September 15, 2009
Super Highway Standstill
Executive Editors: Dan and Margaret Byfield
Standing Ground
We now have gone through three full legislative sessions in Texas since 2003, when the Legislature created the Trans-Texas Corridor, the quarter-of-a-mile wide superhighway designed to connect Mexican ports to Canada by creating an international highway through America.
Once again, in 2009, nothing has been done by the Texas Legislature to stop the largest land grab in American history.
In fact, the Texas Department of Transportation (TXDOT), the lead agency for the project, was up for sunset, a review process that determines whether the agency remains in existence, and if so, whether the agency is restructured. Although the Sunset Committee proposed several changes to the governance of the department, none of the changes were enacted. Instead, the Texas Legislature extended TXDOT for two more years and made a $2 billion appropriation for the state agency.
Although opponents of the TTC would have liked to have seen the superhighway killed by the legislative body, so too would the governor and TXDOT have liked to have enacted some necessary authorizations to continue the project, but neither happened. The 2009 Session was a critical stalemate for the TTC, providing some welcomed opportunities for local governments using coordination to stop the international highway.
The Session began with an announcement by Amadeo Saenz, the executive director of TXDOT, that the Trans-Texas Corridor was “dead.” The reality is that these projects were just renamed to the “Innovative Connectivity in Texas/Vision 2009” and are to move forward segment by segment.
Even Governor Rick Perry announced that “the days of the Trans-Texas Corridor are over,” but later said, “We really don’t care what name they attach to building infrastructure in the state of Texas. The key is we have to go forward and build it.” A significant number of road builders and businesses betting on the corridor have contributed to his campaign, so it is easy to understand why his comments indicate that the change is not much more than a public relations campaign. The TTC is alive and well.
As the 2009 Regular Session opened, controversial transportation legislation was filed and the battle began in earnest. The one bill introduced by David Leibowitz from San Antonio that actually killed the TTC was buried in committee. HB 300 became the vehicle upon which every amendment and wish list for the transportation department was attached.
In one overnight session, the bill ballooned to over 1,000 pages and was attempted to be voted on within 24 hours. Fortunately, it died on the last day of the Regular Session when the grassroots and rural folks opposed the effort.
In reality, nothing changed regarding TXDOT or the Trans-Texas Corridor. All the work and effort to kill it died on the floor of the House and Senate, but that also meant that everything TXDOT and the governor wanted died as well.
Remember, TXDOT was up for sunset. In other words, they had to be reauthorized statutorily by the Legislature or they would be extinguished. For several hours, many hoped TXDOT was gone, but the governor called a special session to deal specifically with transportation and approximately 20 other state agencies that remained unauthorized at the end of the Regular Session.
Special Session Gets Interesting
What occurred during the Special Session was nothing short of miraculous. Several bills were filed. SB 2 reauthorized TXDOT and all the other state agencies. The governor attempted to reauthorize TXDOT for four years, but the grassroots opposition were able to hold the legislators to only two years. TXDOT will once again be sunset in 2011 and the Legislature will again have to consider how to restructure TXDOT.
The other bill was HB 1, relating to funding of highways and transportation projects in Texas. It passed, allowing $2 billion worth of bonds to pay for highway con- struction and improvements, but removed any ability of TXDOT to use the funds for conversion of existing highways to toll roads and to build any new toll roads. So, that was a miraculous victory that no one expected. It showed how, when the only issue was transportation, the legislators weren’t willing to stick their necks out on such a controversial issue as toll roads.
The most interesting battle during the Special Session came from SB 3 and HB 4, filed at the governor’s and TXDOT’s request to reauthorize Comprehensive Development Agreements (CDAs) that would allow public/private partnerships (foreign companies) the ability to contract with the state to build toll roads.
During the Regular Session, no future CDAs were authorized, which were necessary for TXDOT to build the individual segments of the Trans-Texas Corridor, as well as other toll projects. Senator John Carona, Chairman of the Senate Transportation Committee, had also tried to pass legislation in the Regular Session that allowed local authorities to place on local ballots a referendum to raise taxes for highway construction.
That one amendment turned most legislators against HB 300, killing the bill in the Regular Session. When Governor Perry called the Special Session, he did not place Carona’s local tax bill on the Call. Senator Carona was furious, and he took out his revenge on the governor during the special session seeing to it that the Governor’s bills, SB 3 & HB 4, were killed. Carona wouldn’t allow SB 3 out of the Senate unless the governor placed his pet bill for taxes on the Call.
The dispute became a classic political standoff where members of the same party devoured their own. The end result: no additional CDAs were authorized, paving the way for the argument to be made that the Texas Legislature did not authorize the necessary segment contracts that would allow the building of the Trans-Texas Corridor. Therefore, whether deliberate or not, they in essence denied the continuation of the TTC project.
A Return To Local Control
The fight that took place in the Regular and Special Sessions and the reason TXDOT has not yet begun to build the Trans-Texas Corridor can be traced back to the stand taken at the local level by five 391 sub-regional planning commissions. Two years ago, American Stewards helped form the first 391 commission, which began requiring TXDOT to coordinate with local governments.
Since the beginning of these efforts, TXDOT has had to change their top down management approach to the project. When we first notified them they were required to coordinate with the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC), they quickly changed their internal rules to include “coordinating” with local units of government.
Then, they formed Regional Advisory Segments and Councils where they appointed their own “local” people to “advise and coordinate” with the state on transportation issues. They then began forming Rural Planning Organizations (RPOs) in conjunction with Councils of Government and told them funding would come during the 2009 Legislative Session to finance the effort. It all failed when HB 300 died, but the point is, they formed these RPO’s specifically to combat the 391 commissions that over time sprang up in nine locations across the state. They needed a similar group to claim that “local” people wanted their vision of transportation, not the 391 version.
Then, the first announcement came in the summer of 2008 that one of the two major new corridor TTC routes planned, TTC-69, was dead and instead they would be using existing roads as the path for the superhighway. Several months later, and strategically timed immediately before the start of the 2009 Legislative Session, TXDOT’s executive director made his famous announcement that the entire Trans-Texas Corridor project was dead (renamed “Innovative Connectivity”). Both claims are absolutely false, but politically calculated to soften the opposition going into the legislative session.
The 391 commissions continue to press forward, ensuring the project, by any name, is coordinated at the local level. Last June, at the end of the regular session, the ECTSRPC again raised the issue before the Federal Highway Administration (FHA), filing a second petition, this time requesting the entire environmental study be rejected.
The 27-page petition illustrates why TXDOT has lost all credibility to prepare a valid environmental study, that the time has expired for them to complete the study under the Texas Administrative Code, that the Texas Legislature specifically denied passing authorization for segment building contracts (CDAs) for the TTC, and that the entire project, by their own admission, has changed significantly making the current TTC environmental study obsolete.
The FHA responded to the commission [ECTSRPC] with a letter, giving the local government petition the same weight as a public comment. In response, the commission [ECTSRPC] immediately sent a short, pointed letter to Janice Brown, FHA Administrator for the Texas Division, copied to the Department of Justice, as well as the Secretary of Transportation, Ray LaHood, stating:
“We will not have our complaints, based on fact and law, passed off as though they were mere comments. Our issues and the issues of thousands of Texans are with you and your agency within your federal obligation of oversight of TXDOT. Mr. Jackson’s letter will be exhibit 1 in whatever action we take, as an admission of your continued complicity with an agency which the Texas legislature again rejected in the Special Session. We could not believe that the “brush off” as a mere public comment was sent with your knowledge and understanding of the consequences which we made clear in our Petition. This is your chance to tell us whether you intend to answer the questions posed in behalf of the citizens of this Planning Commission, or whether you desire to be the defendant in one or more of the above actions for refusal to even consider the merits of valid complaints based on factual legal violations of federal law.”
The letter was sent June 16, and the commission is waiting for Federal Highway’s response while preparing for the next step. In the interim, the environmental studies for the two TTC segments have not been finalized. In a coordination meeting held in October 2007, TXDOT informed the ECTSRPC that the I-35 study would be finalized in January 2008. That still has not taken place, and the only reasonable conclusion is that local governments initiated coordination on the project whereby they have brought to the agencies attention issues that should have been addressed in the study, and can be challenged in a court of law.
Through this process, local governments have met with not only TXDOT, but also other state and federal agencies connected with the project. In these government-to-government meetings, and through follow up letters, the commission has pointed out numerous violations of law made by TXDOT. They have also received commitments and omissions from the agencies that would be damaging to TXDOT if the issue moved to a court of law.
Local governments, through coordination, have been the only viable opposition to the once fast-tracked project. It’s now at a standstill as TXDOT and the Federal Highway Administration determine which direction to head, given the illegalities of the environmental study. Another key element of this decision will be the importance the new President places on the NAFTA trade corridor, of which the TTC is the first leg.
Delay of the project was the commission’s first goal, hoping that over time the financiers behind the superhighway would lose interest while the devastation of the agenda to America became more public.
Now, it seems, that may be occurring. Cintra, the Spanish-owned Corporation in line to build the TTC, if approved, is also a major investor in an Indiana toll road that cost $4.8 billion to build and is now estimated to be worth a fraction of that expense at $405 million. Toll roads everywhere are proving to be a bad investment. One could hope that good business sense will take hold, and not a political agenda, when deciding whether to move forward with the Trans-Texas Corridor.
Finally, A Rural Transportation Plan
In tandem with fighting the illegalities of the environmental study, the ECTSRPC has also been developing a transportation plan for the area covering their jurisdiction, the eastern half of Bell County and western half of Milam County. The Bartlett-to-Buckholts Rural Transportation Plan was finalized this spring and is the first transportation plan in the state prepared entirely from the rural perspective. A copy was sent to all the affected state and local agencies, including TXDOT, as well as, the Commissioners of Bell and Milam Counties.
Two of the Bell County Commissioners met with the ECTSRPC at their regular monthly meeting in June. The meeting was another coordination success for the commission. A key issue addressed in the plan was the numerous roads that remain unpaved, resulting in increased wear and tear on the five school district’s buses. The Commissioners agreed to increase the miles allotted for paving these roads and agreed to prioritize those roads identified by the school districts.
Another positive response to the plan came directly from TXDOT’s executive director, Amadeo Saenz, in a letter dated June 12, 2009: “Thank you for providing the Texas Department of Transportation with a copy of the Bartlett-to-Buckholts Rural Transportation Plan. I appreciate your research and coordination efforts related to the factors affecting the complex movement of people and goods in central Texas. We will use this information as we go forward with our planning efforts. We also look forward to continued coordination with your commission, along with the many partners that are involved in transportation-related issues in Williamson, Milam and Bell counties.”
It’s no secret that in the beginning the agency and certainly the governor did not relish the idea of coordinating with the now five unpaid mayors and their school districts that make up the ECTSRPC Commission. They did so and continue to do so because refusing would place them in violation of the law. Two years into the process, they appear to be honoring that commitment, not only to the ECTSRPC, but to the five other working Commissions in the state as well.
The ultimate conclusion to the TTC project is still unknown. But what is known is that the superhighway would have been half paved by now and over 500,000 private acres of land would be in line for condemnation proceedings if these courageous local leaders had passed up the opportunity to use the coordination process available to all local governments.
Instead, they took a critical stand and today continue to carve out a path for local governments to follow.
No longer does the TTC buck stop at the Texas Governor’s office. It stops in eastern Bell County.
© 2009 Standing Ground: www.standingground.us
Executive Editors: Dan and Margaret Byfield
Standing Ground
We now have gone through three full legislative sessions in Texas since 2003, when the Legislature created the Trans-Texas Corridor, the quarter-of-a-mile wide superhighway designed to connect Mexican ports to Canada by creating an international highway through America.
Once again, in 2009, nothing has been done by the Texas Legislature to stop the largest land grab in American history.
In fact, the Texas Department of Transportation (TXDOT), the lead agency for the project, was up for sunset, a review process that determines whether the agency remains in existence, and if so, whether the agency is restructured. Although the Sunset Committee proposed several changes to the governance of the department, none of the changes were enacted. Instead, the Texas Legislature extended TXDOT for two more years and made a $2 billion appropriation for the state agency.
Although opponents of the TTC would have liked to have seen the superhighway killed by the legislative body, so too would the governor and TXDOT have liked to have enacted some necessary authorizations to continue the project, but neither happened. The 2009 Session was a critical stalemate for the TTC, providing some welcomed opportunities for local governments using coordination to stop the international highway.
The Session began with an announcement by Amadeo Saenz, the executive director of TXDOT, that the Trans-Texas Corridor was “dead.” The reality is that these projects were just renamed to the “Innovative Connectivity in Texas/Vision 2009” and are to move forward segment by segment.
Even Governor Rick Perry announced that “the days of the Trans-Texas Corridor are over,” but later said, “We really don’t care what name they attach to building infrastructure in the state of Texas. The key is we have to go forward and build it.” A significant number of road builders and businesses betting on the corridor have contributed to his campaign, so it is easy to understand why his comments indicate that the change is not much more than a public relations campaign. The TTC is alive and well.
As the 2009 Regular Session opened, controversial transportation legislation was filed and the battle began in earnest. The one bill introduced by David Leibowitz from San Antonio that actually killed the TTC was buried in committee. HB 300 became the vehicle upon which every amendment and wish list for the transportation department was attached.
In one overnight session, the bill ballooned to over 1,000 pages and was attempted to be voted on within 24 hours. Fortunately, it died on the last day of the Regular Session when the grassroots and rural folks opposed the effort.
In reality, nothing changed regarding TXDOT or the Trans-Texas Corridor. All the work and effort to kill it died on the floor of the House and Senate, but that also meant that everything TXDOT and the governor wanted died as well.
Remember, TXDOT was up for sunset. In other words, they had to be reauthorized statutorily by the Legislature or they would be extinguished. For several hours, many hoped TXDOT was gone, but the governor called a special session to deal specifically with transportation and approximately 20 other state agencies that remained unauthorized at the end of the Regular Session.
Special Session Gets Interesting
What occurred during the Special Session was nothing short of miraculous. Several bills were filed. SB 2 reauthorized TXDOT and all the other state agencies. The governor attempted to reauthorize TXDOT for four years, but the grassroots opposition were able to hold the legislators to only two years. TXDOT will once again be sunset in 2011 and the Legislature will again have to consider how to restructure TXDOT.
The other bill was HB 1, relating to funding of highways and transportation projects in Texas. It passed, allowing $2 billion worth of bonds to pay for highway con- struction and improvements, but removed any ability of TXDOT to use the funds for conversion of existing highways to toll roads and to build any new toll roads. So, that was a miraculous victory that no one expected. It showed how, when the only issue was transportation, the legislators weren’t willing to stick their necks out on such a controversial issue as toll roads.
The most interesting battle during the Special Session came from SB 3 and HB 4, filed at the governor’s and TXDOT’s request to reauthorize Comprehensive Development Agreements (CDAs) that would allow public/private partnerships (foreign companies) the ability to contract with the state to build toll roads.
During the Regular Session, no future CDAs were authorized, which were necessary for TXDOT to build the individual segments of the Trans-Texas Corridor, as well as other toll projects. Senator John Carona, Chairman of the Senate Transportation Committee, had also tried to pass legislation in the Regular Session that allowed local authorities to place on local ballots a referendum to raise taxes for highway construction.
That one amendment turned most legislators against HB 300, killing the bill in the Regular Session. When Governor Perry called the Special Session, he did not place Carona’s local tax bill on the Call. Senator Carona was furious, and he took out his revenge on the governor during the special session seeing to it that the Governor’s bills, SB 3 & HB 4, were killed. Carona wouldn’t allow SB 3 out of the Senate unless the governor placed his pet bill for taxes on the Call.
The dispute became a classic political standoff where members of the same party devoured their own. The end result: no additional CDAs were authorized, paving the way for the argument to be made that the Texas Legislature did not authorize the necessary segment contracts that would allow the building of the Trans-Texas Corridor. Therefore, whether deliberate or not, they in essence denied the continuation of the TTC project.
A Return To Local Control
The fight that took place in the Regular and Special Sessions and the reason TXDOT has not yet begun to build the Trans-Texas Corridor can be traced back to the stand taken at the local level by five 391 sub-regional planning commissions. Two years ago, American Stewards helped form the first 391 commission, which began requiring TXDOT to coordinate with local governments.
Since the beginning of these efforts, TXDOT has had to change their top down management approach to the project. When we first notified them they were required to coordinate with the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC), they quickly changed their internal rules to include “coordinating” with local units of government.
Then, they formed Regional Advisory Segments and Councils where they appointed their own “local” people to “advise and coordinate” with the state on transportation issues. They then began forming Rural Planning Organizations (RPOs) in conjunction with Councils of Government and told them funding would come during the 2009 Legislative Session to finance the effort. It all failed when HB 300 died, but the point is, they formed these RPO’s specifically to combat the 391 commissions that over time sprang up in nine locations across the state. They needed a similar group to claim that “local” people wanted their vision of transportation, not the 391 version.
Then, the first announcement came in the summer of 2008 that one of the two major new corridor TTC routes planned, TTC-69, was dead and instead they would be using existing roads as the path for the superhighway. Several months later, and strategically timed immediately before the start of the 2009 Legislative Session, TXDOT’s executive director made his famous announcement that the entire Trans-Texas Corridor project was dead (renamed “Innovative Connectivity”). Both claims are absolutely false, but politically calculated to soften the opposition going into the legislative session.
The 391 commissions continue to press forward, ensuring the project, by any name, is coordinated at the local level. Last June, at the end of the regular session, the ECTSRPC again raised the issue before the Federal Highway Administration (FHA), filing a second petition, this time requesting the entire environmental study be rejected.
The 27-page petition illustrates why TXDOT has lost all credibility to prepare a valid environmental study, that the time has expired for them to complete the study under the Texas Administrative Code, that the Texas Legislature specifically denied passing authorization for segment building contracts (CDAs) for the TTC, and that the entire project, by their own admission, has changed significantly making the current TTC environmental study obsolete.
The FHA responded to the commission [ECTSRPC] with a letter, giving the local government petition the same weight as a public comment. In response, the commission [ECTSRPC] immediately sent a short, pointed letter to Janice Brown, FHA Administrator for the Texas Division, copied to the Department of Justice, as well as the Secretary of Transportation, Ray LaHood, stating:
“We will not have our complaints, based on fact and law, passed off as though they were mere comments. Our issues and the issues of thousands of Texans are with you and your agency within your federal obligation of oversight of TXDOT. Mr. Jackson’s letter will be exhibit 1 in whatever action we take, as an admission of your continued complicity with an agency which the Texas legislature again rejected in the Special Session. We could not believe that the “brush off” as a mere public comment was sent with your knowledge and understanding of the consequences which we made clear in our Petition. This is your chance to tell us whether you intend to answer the questions posed in behalf of the citizens of this Planning Commission, or whether you desire to be the defendant in one or more of the above actions for refusal to even consider the merits of valid complaints based on factual legal violations of federal law.”
The letter was sent June 16, and the commission is waiting for Federal Highway’s response while preparing for the next step. In the interim, the environmental studies for the two TTC segments have not been finalized. In a coordination meeting held in October 2007, TXDOT informed the ECTSRPC that the I-35 study would be finalized in January 2008. That still has not taken place, and the only reasonable conclusion is that local governments initiated coordination on the project whereby they have brought to the agencies attention issues that should have been addressed in the study, and can be challenged in a court of law.
Through this process, local governments have met with not only TXDOT, but also other state and federal agencies connected with the project. In these government-to-government meetings, and through follow up letters, the commission has pointed out numerous violations of law made by TXDOT. They have also received commitments and omissions from the agencies that would be damaging to TXDOT if the issue moved to a court of law.
Local governments, through coordination, have been the only viable opposition to the once fast-tracked project. It’s now at a standstill as TXDOT and the Federal Highway Administration determine which direction to head, given the illegalities of the environmental study. Another key element of this decision will be the importance the new President places on the NAFTA trade corridor, of which the TTC is the first leg.
Delay of the project was the commission’s first goal, hoping that over time the financiers behind the superhighway would lose interest while the devastation of the agenda to America became more public.
Now, it seems, that may be occurring. Cintra, the Spanish-owned Corporation in line to build the TTC, if approved, is also a major investor in an Indiana toll road that cost $4.8 billion to build and is now estimated to be worth a fraction of that expense at $405 million. Toll roads everywhere are proving to be a bad investment. One could hope that good business sense will take hold, and not a political agenda, when deciding whether to move forward with the Trans-Texas Corridor.
Finally, A Rural Transportation Plan
In tandem with fighting the illegalities of the environmental study, the ECTSRPC has also been developing a transportation plan for the area covering their jurisdiction, the eastern half of Bell County and western half of Milam County. The Bartlett-to-Buckholts Rural Transportation Plan was finalized this spring and is the first transportation plan in the state prepared entirely from the rural perspective. A copy was sent to all the affected state and local agencies, including TXDOT, as well as, the Commissioners of Bell and Milam Counties.
Two of the Bell County Commissioners met with the ECTSRPC at their regular monthly meeting in June. The meeting was another coordination success for the commission. A key issue addressed in the plan was the numerous roads that remain unpaved, resulting in increased wear and tear on the five school district’s buses. The Commissioners agreed to increase the miles allotted for paving these roads and agreed to prioritize those roads identified by the school districts.
Another positive response to the plan came directly from TXDOT’s executive director, Amadeo Saenz, in a letter dated June 12, 2009: “Thank you for providing the Texas Department of Transportation with a copy of the Bartlett-to-Buckholts Rural Transportation Plan. I appreciate your research and coordination efforts related to the factors affecting the complex movement of people and goods in central Texas. We will use this information as we go forward with our planning efforts. We also look forward to continued coordination with your commission, along with the many partners that are involved in transportation-related issues in Williamson, Milam and Bell counties.”
It’s no secret that in the beginning the agency and certainly the governor did not relish the idea of coordinating with the now five unpaid mayors and their school districts that make up the ECTSRPC Commission. They did so and continue to do so because refusing would place them in violation of the law. Two years into the process, they appear to be honoring that commitment, not only to the ECTSRPC, but to the five other working Commissions in the state as well.
The ultimate conclusion to the TTC project is still unknown. But what is known is that the superhighway would have been half paved by now and over 500,000 private acres of land would be in line for condemnation proceedings if these courageous local leaders had passed up the opportunity to use the coordination process available to all local governments.
Instead, they took a critical stand and today continue to carve out a path for local governments to follow.
No longer does the TTC buck stop at the Texas Governor’s office. It stops in eastern Bell County.
© 2009 Standing Ground: www.standingground.us
August 27, 2009
Cities partner to address 281/1604 project together
By Christine Stanley - Contributing Writer/North Central News
San Antonio Express-News
Hill Country Village is joining forces with Hollywood Park to form a sub-regional planning commission that would tackle the U.S. 281/Loop 1604 interchange revamp — and any other state or federal project that may affect the two cities.
Hollywood Park City Councilman Bob Sartor got the green light from his colleagues to start work on the commission last month. Hill Country Village council members approved the move Aug. 20.
State and federal law allows for at least two governing agencies — at the city or county level, or both — to form a sub-regional planning commission to promote the coordinated development of a particular region.
Such a commission can do that in a number of ways, including recommendations to higher governmental authorities on how to proceed with a particular project.
In this case, the sub-regional planning commission would focus on Alamo Regional Mobility Authority's proposed $140 million plan for the 281/1604 interchange.
ARMA plans to build four elevated “direct connectors” between the two highways that would connect travelers on 281 north to the east and west sides of 1604, and two more connectors would take travelers from both sides of the loop to 281 south.
Construction could begin as early as next year.
ARMA is reaching out to Hollywood Park, Hill Country Village and surrounding cities through its own citizen advisory groups and public meetings, but Sartor reminded Hollywood Park residents last month that the agency has no legal obligation to meet with any community.
By law, ARMA would have to meet with the sub-regional planning commission and take any of its recommendations into consideration before making a final decision on the connector project.
Hollywood Park council members have expressed concern about negative impacts to their constituents during and after construction.
Hill Country Village Mayor Kirk Francis said he is worried about ARMA's true intentions. He reminded his colleagues that ARMA was originally created by the state Legislature as a tolling authority.
“So I'm kind of curious why ARMA is hosting all these meetings that have to do with what's supposed to be a TxDOT project,” Francis said Aug. 20.
ARMA has stressed on its Web site and in recent public meetings that the 281/1604 interchange will not be tolled.
Francis said the two cities will work out bylaws for the sub-regional planning commission during the next few weeks. It appears the commission will include Francis and Hollywood Park Mayor Richard McIlveen, a council member from each city and a resident designee appointed by each mayor.
“Right now, (ARMA) can tell us after the fact, they can invite us to meetings — that's their form of communication,” Francis said.
He said the panel would also bring both cities closer in addressing health and safety issues of mutual interest.
Hill Country Village council members also approved a contract with Acadian Ambulance Service Aug. 20.
Francis was the tiebreaker in a vote to sever ties with San Antonio EMS last month. He broke a tie between council members Gabriel Durand-Hollis and Margaret Mayberry, who were in favor of sticking with San Antonio EMS, and Register and Elizabeth Worley, who wanted to switch to Acadian.
The ambulance provider would incorporate Hill Country Village into its coverage area for free, saving the city about $35,000 each year.
© 2009 San Antonio Express-News: www.mysanantonio.com
By Christine Stanley - Contributing Writer/North Central News
San Antonio Express-News
Hill Country Village is joining forces with Hollywood Park to form a sub-regional planning commission that would tackle the U.S. 281/Loop 1604 interchange revamp — and any other state or federal project that may affect the two cities.
Hollywood Park City Councilman Bob Sartor got the green light from his colleagues to start work on the commission last month. Hill Country Village council members approved the move Aug. 20.
State and federal law allows for at least two governing agencies — at the city or county level, or both — to form a sub-regional planning commission to promote the coordinated development of a particular region.
Such a commission can do that in a number of ways, including recommendations to higher governmental authorities on how to proceed with a particular project.
In this case, the sub-regional planning commission would focus on Alamo Regional Mobility Authority's proposed $140 million plan for the 281/1604 interchange.
ARMA plans to build four elevated “direct connectors” between the two highways that would connect travelers on 281 north to the east and west sides of 1604, and two more connectors would take travelers from both sides of the loop to 281 south.
Construction could begin as early as next year.
ARMA is reaching out to Hollywood Park, Hill Country Village and surrounding cities through its own citizen advisory groups and public meetings, but Sartor reminded Hollywood Park residents last month that the agency has no legal obligation to meet with any community.
By law, ARMA would have to meet with the sub-regional planning commission and take any of its recommendations into consideration before making a final decision on the connector project.
Hollywood Park council members have expressed concern about negative impacts to their constituents during and after construction.
Hill Country Village Mayor Kirk Francis said he is worried about ARMA's true intentions. He reminded his colleagues that ARMA was originally created by the state Legislature as a tolling authority.
“So I'm kind of curious why ARMA is hosting all these meetings that have to do with what's supposed to be a TxDOT project,” Francis said Aug. 20.
ARMA has stressed on its Web site and in recent public meetings that the 281/1604 interchange will not be tolled.
Francis said the two cities will work out bylaws for the sub-regional planning commission during the next few weeks. It appears the commission will include Francis and Hollywood Park Mayor Richard McIlveen, a council member from each city and a resident designee appointed by each mayor.
“Right now, (ARMA) can tell us after the fact, they can invite us to meetings — that's their form of communication,” Francis said.
He said the panel would also bring both cities closer in addressing health and safety issues of mutual interest.
Hill Country Village council members also approved a contract with Acadian Ambulance Service Aug. 20.
Francis was the tiebreaker in a vote to sever ties with San Antonio EMS last month. He broke a tie between council members Gabriel Durand-Hollis and Margaret Mayberry, who were in favor of sticking with San Antonio EMS, and Register and Elizabeth Worley, who wanted to switch to Acadian.
The ambulance provider would incorporate Hill Country Village into its coverage area for free, saving the city about $35,000 each year.
© 2009 San Antonio Express-News: www.mysanantonio.com
August 11, 2009
Perry dodges question on the Trans Texas Corridor
Terri Hall
San Antonio Express-News
The Victoria Advocate asked a simple question of Rick Perry August 6, but this video shows a long-winded "dodge" to the reporter's question (because he's still pushing the Trans Texas Corridor, or TTC, and knows it's political suicide to admit it).
In fact, he intentionally misleads the public into thinking the Texas Legislature killed the TTC last session when, in fact, it did not.
Terri Hall
San Antonio Express-News
The Victoria Advocate asked a simple question of Rick Perry August 6, but this video shows a long-winded "dodge" to the reporter's question (because he's still pushing the Trans Texas Corridor, or TTC, and knows it's political suicide to admit it).
In fact, he intentionally misleads the public into thinking the Texas Legislature killed the TTC last session when, in fact, it did not.
- The TTC-35 contract was signed in 2005 and has not been revoked or bought out.
- The entire TTC-69 was excepted out of the moratorium so segments of it can go under contract with foreign entities through 2011.
- The bill to repeal the Trans Texas Corridor (introduced by Rep. David Leibowitz) never made it out of committee, and it was later attached to a bill that died.
July 28, 2009
Grass roots group remains concerned about highway planning
By Donna McCollum
KTRE-TV
NACOGDOCHES, TX - Thursday night a half a million dollars was approved by the U.S. House for I-69 Texas. The funds will be used to expedite the U.S. Transportation's environmental review to advance I-69. Today the I-69 Alliance publicly praised the legislation. The funding level for I-69 FY 2010 will be determined later this fall when the Senate spending bill is determined.
Meanwhile, the issue remains a topic in national, state and local politics. Tuesday night in Nacogdoches, another group is talking transportation issues with State Representative Jim McReynolds. The Piney Woods Sub-Regional Planning Commission (PWSRPC) is keeping a close watch on future transportation issues, includiing a loop by-pass around Nacogdoches, Lufkin and as far south as Diboll.
It's a good idea for moving people quickly, but could be a bad one if the route hampers accessibility to other roadways and towns. "Say on South Street, here in Nacogdoches, where you've already got a lot of businesses and you've got a lot of hotels," Nacogdoches County Judge Joe English began. "Are they going to try to move it (roadway) over a little bit either one side to the left or the right because they don't want the expense of having to replace all those businesses?," the judge questioned. "And so when they start moving it we've got the same issues we had before and that's taking the grass roots mom and pop property."
Sub-regional planning commissions remain in existence along the I-69 route despite recent legislative efforts to disband them. Members are determined to have their voices heard before the Texas Department of Transportation. "We want them to know that we're still looking at it and we're still addressing it and when the planning and the meetings are put together we want to be a part of them," English said.
The commission is gathering information for a rural transportation plan. Members have gatherings planned in Garrison and Chireno. "We'll develop a plan for each community and what their needs and concerns are for transportation in their community," Jan Tracy, a PWSRPC volunteer explained. "And then we'll come back and compile all that together and present that to TxDOT."
Another concern is the financing method chosen. The group questions toll roads and who will own the toll money.
It's a grass roots mission that remains even after the state says the Trans Texas Corridor has gone away.
© 2009 WorldNow and KTRE: www.ktre.com
By Donna McCollum
KTRE-TV
NACOGDOCHES, TX - Thursday night a half a million dollars was approved by the U.S. House for I-69 Texas. The funds will be used to expedite the U.S. Transportation's environmental review to advance I-69. Today the I-69 Alliance publicly praised the legislation. The funding level for I-69 FY 2010 will be determined later this fall when the Senate spending bill is determined.
Meanwhile, the issue remains a topic in national, state and local politics. Tuesday night in Nacogdoches, another group is talking transportation issues with State Representative Jim McReynolds. The Piney Woods Sub-Regional Planning Commission (PWSRPC) is keeping a close watch on future transportation issues, includiing a loop by-pass around Nacogdoches, Lufkin and as far south as Diboll.
It's a good idea for moving people quickly, but could be a bad one if the route hampers accessibility to other roadways and towns. "Say on South Street, here in Nacogdoches, where you've already got a lot of businesses and you've got a lot of hotels," Nacogdoches County Judge Joe English began. "Are they going to try to move it (roadway) over a little bit either one side to the left or the right because they don't want the expense of having to replace all those businesses?," the judge questioned. "And so when they start moving it we've got the same issues we had before and that's taking the grass roots mom and pop property."
Sub-regional planning commissions remain in existence along the I-69 route despite recent legislative efforts to disband them. Members are determined to have their voices heard before the Texas Department of Transportation. "We want them to know that we're still looking at it and we're still addressing it and when the planning and the meetings are put together we want to be a part of them," English said.
The commission is gathering information for a rural transportation plan. Members have gatherings planned in Garrison and Chireno. "We'll develop a plan for each community and what their needs and concerns are for transportation in their community," Jan Tracy, a PWSRPC volunteer explained. "And then we'll come back and compile all that together and present that to TxDOT."
Another concern is the financing method chosen. The group questions toll roads and who will own the toll money.
It's a grass roots mission that remains even after the state says the Trans Texas Corridor has gone away.
© 2009 WorldNow and KTRE: www.ktre.com
July 9, 2009
I-35 Segment 4 Kick off meeting
Kathy Palmer, President
South Central Texas Sub-Regional Planning Commission
(For the full President's report click: [HERE])
Well this was certainly an interesting meeting.
It was held at the TxDOT District office in San Antonio and we had a variety of attendees from Laredo through to Seguin, including members of the San Antonio and Seguin Chambers of Commerce, a Frio County 911 Coordinator, City of St. Hedwig, City of Seguin and City of Laredo Planning and Zoning Commissioners, a Guadalupe County resident and a Guadalupe County Texas Farm Bureau representative.
Kudos to Judge Marvin Quinney, as he was the ONLY elected County official to attend.
Commissioners and Judges from Bexar County, Atascosa County, Medina County, Zapata County, and LaSalle County although invited, were nowhere to be seen. Being that the intent of this Segment Committee is to make sure your folks in your Counties are given yet another avenue to make their concerns, comments and considerations heard relating to the expansion of the Alternate I35 Corridor, one would think at least an alternate from those Counties would have been present.
It appeared by the input given at the start of the meeting approximately ¾ of the folks in attendance are very pro Commerce however it has to happen, while those in the rural areas are pro property rights and use of existing right of way.
There was lively debate as to the differences in the definition of “economic viability” as those in the city see the definition as commercial businesses all up and down the main roads and successful movement of commerce in those areas, while those in the rural areas see the definition as commercial business is good as long as it is not forcefully taking over the properties of residences along the roadways and building such roadways to bring trucks and freight through their once quiet farmland.
The Segment Committee members have been tasked in each of their individual areas to:
As members of the SCTSRPC, St. Hedwig and Wilson County as well as a portion of the representation of Guadaulpe County are all continuing with the original input of unfettered use of existing right of way on I10 and SH1604. Existing and future SH130 is a major part of this IH35 alternate plan, which directly affects Guadalupe County (Marion and Seguin via IH10), St. Hedwig (IH10 and SH1604), and Wilson County (SH 123 and expansion of SH1604).
The Committee’s main goal is to make sure that when a final recommendation is made of the Alternate to I35, that it indeed solves the true problem in the areas it will affect. That is the challenge that confronts each and every member as they will all be vying in the beginning for their individual areas while at the end will be tasked with prioritizing each issue brought to the table into a final Master Plan.
Eventually, the Segment 4 Master Plan will then be merged into the Segment 1-3 Master Plan therefore creating the “new”, specific, alternate route to I35 from the Texas/OK boarder to the Texas/Mexico border. As you can see the TTC 35 has not gone away, it has simply been broken down into smaller chunks to be analyzed and then reconstructed. TxDOT is looking for a “cohesive transportation system for the I35 Corridor with interstate multimodal transportation solutions”.
It is imperative that the public give competent, factual input to each of the Committee members as this runs its course. Following the NIMBY approach will not work. In order for the Committee member to be able to give it’s input as a reason to keep their issue at the top of the list, factual information from an environmental, historical and/or economical aspect must accompany the issue.
Meetings are open to the general public and you are encouraged to attend. This is an important issue that will affect each and every citizen in the East Bexar County, Guadalupe County and Wilson County area whether you think it will or not.
Please contribute and help the Committee members in your area as they strive to make sure their area is not left behind or worse yet, paved over.
© 2009 SCTSRPC: sctsrpc.blogspot.com
Kathy Palmer, President
South Central Texas Sub-Regional Planning Commission
(For the full President's report click: [HERE])
Well this was certainly an interesting meeting.
It was held at the TxDOT District office in San Antonio and we had a variety of attendees from Laredo through to Seguin, including members of the San Antonio and Seguin Chambers of Commerce, a Frio County 911 Coordinator, City of St. Hedwig, City of Seguin and City of Laredo Planning and Zoning Commissioners, a Guadalupe County resident and a Guadalupe County Texas Farm Bureau representative.
Kudos to Judge Marvin Quinney, as he was the ONLY elected County official to attend.
Commissioners and Judges from Bexar County, Atascosa County, Medina County, Zapata County, and LaSalle County although invited, were nowhere to be seen. Being that the intent of this Segment Committee is to make sure your folks in your Counties are given yet another avenue to make their concerns, comments and considerations heard relating to the expansion of the Alternate I35 Corridor, one would think at least an alternate from those Counties would have been present.
It appeared by the input given at the start of the meeting approximately ¾ of the folks in attendance are very pro Commerce however it has to happen, while those in the rural areas are pro property rights and use of existing right of way.
There was lively debate as to the differences in the definition of “economic viability” as those in the city see the definition as commercial businesses all up and down the main roads and successful movement of commerce in those areas, while those in the rural areas see the definition as commercial business is good as long as it is not forcefully taking over the properties of residences along the roadways and building such roadways to bring trucks and freight through their once quiet farmland.
The Segment Committee members have been tasked in each of their individual areas to:
- Identify transportation needs, Examine Existing and Planned Facilities
- Identify areas where new location facilities may be needed
- Prioritize the individual needs into a Master Plan
- Finalize the Corridor Development Plan
As members of the SCTSRPC, St. Hedwig and Wilson County as well as a portion of the representation of Guadaulpe County are all continuing with the original input of unfettered use of existing right of way on I10 and SH1604. Existing and future SH130 is a major part of this IH35 alternate plan, which directly affects Guadalupe County (Marion and Seguin via IH10), St. Hedwig (IH10 and SH1604), and Wilson County (SH 123 and expansion of SH1604).
The Committee’s main goal is to make sure that when a final recommendation is made of the Alternate to I35, that it indeed solves the true problem in the areas it will affect. That is the challenge that confronts each and every member as they will all be vying in the beginning for their individual areas while at the end will be tasked with prioritizing each issue brought to the table into a final Master Plan.
Eventually, the Segment 4 Master Plan will then be merged into the Segment 1-3 Master Plan therefore creating the “new”, specific, alternate route to I35 from the Texas/OK boarder to the Texas/Mexico border. As you can see the TTC 35 has not gone away, it has simply been broken down into smaller chunks to be analyzed and then reconstructed. TxDOT is looking for a “cohesive transportation system for the I35 Corridor with interstate multimodal transportation solutions”.
It is imperative that the public give competent, factual input to each of the Committee members as this runs its course. Following the NIMBY approach will not work. In order for the Committee member to be able to give it’s input as a reason to keep their issue at the top of the list, factual information from an environmental, historical and/or economical aspect must accompany the issue.
Meetings are open to the general public and you are encouraged to attend. This is an important issue that will affect each and every citizen in the East Bexar County, Guadalupe County and Wilson County area whether you think it will or not.
Please contribute and help the Committee members in your area as they strive to make sure their area is not left behind or worse yet, paved over.
© 2009 SCTSRPC: sctsrpc.blogspot.com
Senator Robert Nichols and Toll Roads
(For video click [HERE])
By Roger Gray
KYTX (East Texas)
In the last legislative session, the future of toll roads was on the line.
But one area state senator was more involved than most. In fact some critics say the fix was in.
"You can't do toll roads in rural Texas. It won't work," says State Senator Kevin Eltife.
Yes, the original Trans Texas Corridors were huge, and controversial.
Whitehouse rancher and toll road critic Hank Gilbert called it, "the largest land grab in the history of the U.S."
Senator Eltife agreed. "It's a total property right's mess."
Gilbert added, "I don't think the people of Texas, rural and urban, are going to allow that to happen."
And Austin seemed to get the message.
"I think there's no question, the Trans Texas corridor is dead," Eltife concluded.
But some advocates clung to the idea of foreign companies building and running toll roads as private enterprises. Eltife is an opponent. "They should never be owned by a private company, ever. That's a gold mine for the state." As is Gilbert, of Texans United for Reform and Freedom. "Comprehensive Development Agreements that would allow private investors to come in, plan, build, operate, maintain, the whole nine yards."
Eltife agreed, "The state ought to own them. They ought to be a small piece of the puzzle." State Senator Robert Nichols "seemed" to agree when we spoke to him by phone during the session. "The people of East Texas are clear," he said. "They do not want the East Texas Corridor. But they do want to develop Interstate 69."
But did Sen. Nichols want to insure that private toll road contracts were a part of that I-69 development? He added an amendment to his transportation bill that seems to guarantee a contractor couldn't lose money.
Gilbert explained, "You have one of our own East Texas Republican senators is offering an amendment to his own bill which would guarantee a profit. To me that kind of goes against capitalism."
Nichols, though, disagreed. "There is language related to buy backs, but there is absolutely no guarantee whatever that anybody will ever get any of their debt back."
But, we have a copy of an e-mail sent out by toll road lobbyist Gary Bushell, and it says,
"...we have reached an agreement with Senator Nichols on a buyout provision...that provides protection of their position in the event they find themselves upside down on their debt to fair market value...I want to thank Senator Robert Nichols and his chief of staff Steven Albright for making this outcome possible."
Nichols doesn't think that's what he did. "Well, it's incorrect, because that's not true."
Gilbert concluded, "That's not very free market."
So, according to one lobbyist, Senator Robert Nichols went to bat for private toll road contractors.
"That's crazy," he protested. "No. I don't know who told you that, but that's nuts."
I responded, "Well, I've got an email from a lobbyist who says that's exactly what you did."
Nichols again disagreed, "Well, it's incorrect, because that's not true."
"So this lobbyist is wrong," I replied.
"If that's your interpretation of what he says," Nichols responded. "I'm not looking at whatever it is you're reading."
"I read you exactly what he said, " I said. "that provides protection of their position in the event they find themselves upside down on their debt to fair market value.'"
"Ok, I did not write that." He concluded.
Toll road critic Hank Gilbert is skeptical.
"At any point in time, this developer comes to the realization that they're not getting the return on investment they anticipated from this road, they can sell it back to the state at that time and with this amendment, they're guaranteed not to lose money."
Nichols again protested, "If you're saying the State of Texas or any entity is going to guarantee an investor his money back, no. Not correct."
But we have a copy of the amendment and it says.
".the fair market value of the private entity's interest...is not less than the (entity's) outstanding debt at that time plus other reasonable costs."
In short, they get out at least what they've put in.
So why would Nichols continue beating the toll road drum? The explanation may lie in his contributor list.
His top donor by far, James Pitcock of Williams Brothers Construction of Houston, the second largest TxDOT contractor for toll roads and they only gave money to one candidate in 2008, Robert Nichols.
But Nichols still insists toll roads aren't a certainty.
"So, it's your contention that even though these CDA's, comprehensive development agreements are in HB300," I asked, "we're not talking toll roads for East Texas."
"Well, now, that's a different question." He replied. "You have toll roads in Tyler."
And Robert Nichol's tried to push these CDA's again in the special session last week. He didn't succeed.
Apparently, as long as the political money is there, toll road advocates will keep pitching.
© 2009 KYTX: www.cbs19.tv
(For video click [HERE])
By Roger Gray
KYTX (East Texas)
In the last legislative session, the future of toll roads was on the line.
But one area state senator was more involved than most. In fact some critics say the fix was in.
"You can't do toll roads in rural Texas. It won't work," says State Senator Kevin Eltife.
Yes, the original Trans Texas Corridors were huge, and controversial.
Whitehouse rancher and toll road critic Hank Gilbert called it, "the largest land grab in the history of the U.S."
Senator Eltife agreed. "It's a total property right's mess."
Gilbert added, "I don't think the people of Texas, rural and urban, are going to allow that to happen."
And Austin seemed to get the message.
"I think there's no question, the Trans Texas corridor is dead," Eltife concluded.
But some advocates clung to the idea of foreign companies building and running toll roads as private enterprises. Eltife is an opponent. "They should never be owned by a private company, ever. That's a gold mine for the state." As is Gilbert, of Texans United for Reform and Freedom. "Comprehensive Development Agreements that would allow private investors to come in, plan, build, operate, maintain, the whole nine yards."
Eltife agreed, "The state ought to own them. They ought to be a small piece of the puzzle." State Senator Robert Nichols "seemed" to agree when we spoke to him by phone during the session. "The people of East Texas are clear," he said. "They do not want the East Texas Corridor. But they do want to develop Interstate 69."
But did Sen. Nichols want to insure that private toll road contracts were a part of that I-69 development? He added an amendment to his transportation bill that seems to guarantee a contractor couldn't lose money.
Gilbert explained, "You have one of our own East Texas Republican senators is offering an amendment to his own bill which would guarantee a profit. To me that kind of goes against capitalism."
Nichols, though, disagreed. "There is language related to buy backs, but there is absolutely no guarantee whatever that anybody will ever get any of their debt back."
But, we have a copy of an e-mail sent out by toll road lobbyist Gary Bushell, and it says,
"...we have reached an agreement with Senator Nichols on a buyout provision...that provides protection of their position in the event they find themselves upside down on their debt to fair market value...I want to thank Senator Robert Nichols and his chief of staff Steven Albright for making this outcome possible."
Nichols doesn't think that's what he did. "Well, it's incorrect, because that's not true."
Gilbert concluded, "That's not very free market."
So, according to one lobbyist, Senator Robert Nichols went to bat for private toll road contractors.
"That's crazy," he protested. "No. I don't know who told you that, but that's nuts."
I responded, "Well, I've got an email from a lobbyist who says that's exactly what you did."
Nichols again disagreed, "Well, it's incorrect, because that's not true."
"So this lobbyist is wrong," I replied.
"If that's your interpretation of what he says," Nichols responded. "I'm not looking at whatever it is you're reading."
"I read you exactly what he said, " I said. "that provides protection of their position in the event they find themselves upside down on their debt to fair market value.'"
"Ok, I did not write that." He concluded.
Toll road critic Hank Gilbert is skeptical.
"At any point in time, this developer comes to the realization that they're not getting the return on investment they anticipated from this road, they can sell it back to the state at that time and with this amendment, they're guaranteed not to lose money."
Nichols again protested, "If you're saying the State of Texas or any entity is going to guarantee an investor his money back, no. Not correct."
But we have a copy of the amendment and it says.
".the fair market value of the private entity's interest...is not less than the (entity's) outstanding debt at that time plus other reasonable costs."
In short, they get out at least what they've put in.
So why would Nichols continue beating the toll road drum? The explanation may lie in his contributor list.
His top donor by far, James Pitcock of Williams Brothers Construction of Houston, the second largest TxDOT contractor for toll roads and they only gave money to one candidate in 2008, Robert Nichols.
But Nichols still insists toll roads aren't a certainty.
"So, it's your contention that even though these CDA's, comprehensive development agreements are in HB300," I asked, "we're not talking toll roads for East Texas."
"Well, now, that's a different question." He replied. "You have toll roads in Tyler."
And Robert Nichol's tried to push these CDA's again in the special session last week. He didn't succeed.
Apparently, as long as the political money is there, toll road advocates will keep pitching.
© 2009 KYTX: www.cbs19.tv
July 6, 2009
In spotlight, toll roads too hot to handle
During special session, it's safety first for lawmakers.
by Ben Wear
Austin American-Statesman
It's intriguing how a spotlight can change a politician's perspective. Or in the case of the special session just past, a whole bunch of politicians' perspectives.
Way back in the spring of 2009 (OK, about three months ago), the Texas Senate overwhelmingly passed Senate Bill 404 and Senate Bill 17. The House Transportation Committee later passed both bills. And the Senate even passed them again, this time while they were taking a ride on the Texas Department of Transportation sunset bill that later died.
In fact, all of these bills died in the House late in the session. But it had nothing to do with the content of SB 404 and SB 17, which occasioned little debate during the regular session.
Then, last week, members of the House and Senate turned their noses up at both bills and declined to even vote on them.
To refresh your memory, SB 404 would have extended by several years the authority of TxDOT and regional mobility authorities to sign long-term toll road leases with private companies. Its companion bill, SB 17, would have mandated that such contracts protect the state's and residents' interests by making it easier to build nearby free roads and setting prices now for the state to buy back a private toll road if it ever wanted to.
Those two bills were combined, for the special session, into a single bill. Neither could get a vote in the House Transportation Committee or the Senate Finance Committee. The House Transportation Committee chairman, Joseph Pickett of El Paso, said members did not consider it a "safe vote." Meaning, it was a vote that could turn a legislator into a former legislator.
Remember, this same committee voted for the same changes to the law about seven weeks ago.
Why was it a safe vote in May and a dangerous vote in July?
Back then there were thousands of bills up for consideration, and thus the attention of the public and the press was fragmented. Transportation insiders, anti-toll activists and the few transportation writers for major dailies were paying attention to this. But most people weren't.
Now, with only three subjects on the special session call, and no controversy on two of them, that left the entire focus on this one bill. On legislators voting to allow private toll roads, potentially operated by (and sending profits eventually to) foreign companies like Spanish toll road builder Cintra. On lawmakers in effect undoing a moratorium on most such contracts that they voted for in 2007.
So, why not just bring it up and vote against it? Well, that could then be used against lawmakers later by an opponent saying they'd voted against badly needed roads. And it would be a vote against Gov. Rick Perry, who wanted to extend the authority for private toll roads. A vote against Perry, who has enthusiastically wielded his veto pen through the years.
Of course, presumably somewhere amid all this there is the "right" position to take on this issue — even if what is deemed right might vary from lawmaker to lawmaker — rather than the "safe" position. But Jefferson Smith went to Washington, not Austin.
And he was a fictional character.
© 2009 Austin American-Statesman: www.statesman.com
During special session, it's safety first for lawmakers.
by Ben Wear
Austin American-Statesman
It's intriguing how a spotlight can change a politician's perspective. Or in the case of the special session just past, a whole bunch of politicians' perspectives.
Way back in the spring of 2009 (OK, about three months ago), the Texas Senate overwhelmingly passed Senate Bill 404 and Senate Bill 17. The House Transportation Committee later passed both bills. And the Senate even passed them again, this time while they were taking a ride on the Texas Department of Transportation sunset bill that later died.
In fact, all of these bills died in the House late in the session. But it had nothing to do with the content of SB 404 and SB 17, which occasioned little debate during the regular session.
Then, last week, members of the House and Senate turned their noses up at both bills and declined to even vote on them.
To refresh your memory, SB 404 would have extended by several years the authority of TxDOT and regional mobility authorities to sign long-term toll road leases with private companies. Its companion bill, SB 17, would have mandated that such contracts protect the state's and residents' interests by making it easier to build nearby free roads and setting prices now for the state to buy back a private toll road if it ever wanted to.
Those two bills were combined, for the special session, into a single bill. Neither could get a vote in the House Transportation Committee or the Senate Finance Committee. The House Transportation Committee chairman, Joseph Pickett of El Paso, said members did not consider it a "safe vote." Meaning, it was a vote that could turn a legislator into a former legislator.
Remember, this same committee voted for the same changes to the law about seven weeks ago.
Why was it a safe vote in May and a dangerous vote in July?
Back then there were thousands of bills up for consideration, and thus the attention of the public and the press was fragmented. Transportation insiders, anti-toll activists and the few transportation writers for major dailies were paying attention to this. But most people weren't.
Now, with only three subjects on the special session call, and no controversy on two of them, that left the entire focus on this one bill. On legislators voting to allow private toll roads, potentially operated by (and sending profits eventually to) foreign companies like Spanish toll road builder Cintra. On lawmakers in effect undoing a moratorium on most such contracts that they voted for in 2007.
So, why not just bring it up and vote against it? Well, that could then be used against lawmakers later by an opponent saying they'd voted against badly needed roads. And it would be a vote against Gov. Rick Perry, who wanted to extend the authority for private toll roads. A vote against Perry, who has enthusiastically wielded his veto pen through the years.
Of course, presumably somewhere amid all this there is the "right" position to take on this issue — even if what is deemed right might vary from lawmaker to lawmaker — rather than the "safe" position. But Jefferson Smith went to Washington, not Austin.
And he was a fictional character.
© 2009 Austin American-Statesman: www.statesman.com
July 5, 2009
TxDOT: After all the outcry, no changes in law
By Peggy Fikac
San Antonio Express-News
Copyright 2009
AUSTIN — More than a year after the Texas Department of Transportation was labeled an out-of-control agency in need of reining in, lawmakers made their decision: No TxDOT reforms were put into state law.
That means no alteration in the makeup of its governing commission, which is appointed by Gov. Rick Perry and in the past was accused of pushing his ideas without heeding lawmakers leery of such things as privately run toll roads. No special legislative oversight committee. No changes except for those TxDOT carries out on its own.
That's the upshot after a reform bill failed in the regular session and lawmakers meeting in a quickie special session simply continued the agency as is until they reconvene in 2011.
“Certainly I think this is a missed opportunity,” said Rep. Ruth Jones McClendon, D-San Antonio, a House Transportation member who pushed for such changes as an elected commissioner.
The good news: McClendon and some other lawmakers said TxDOT is working to change. Among actions they like is a new contract for a thorough review of agency operations.
TxDOT says it has acted on last year's Sunset Advisory Commission staff recommendations, including an update of its complaint receipt and tracking process. Senate Transportation and Homeland Security Chairman John Carona, R-Dallas, said most Sunset changes are under way.
Among items not addressed is the Transportation Commission makeup. But Carona, who opposes an elected panel as too political, said members are listening to lawmakers' concerns.
McClendon and House Transportation Chairman Joe Pickett, D-El Paso, say there's a need to change the agency “culture.” Pickett said that without a legislative overhaul, “I think they'll try to paint the trim on the ... building, but it's not going to make any real significant difference.”
Lawmakers said even without a new oversight committee, they'll keep close tabs on TxDOT between now and 2011.
“We recognize that TxDOT has been a troubled agency,” Carona said, “and it needs significant attention from the Legislature.”
As some lawmakers fruitlessly urged Perry to add a bill to expand the Children's Health Insurance Program to the special-session agenda, U.S. Sen. Kay Bailey Hutchison's camp still wouldn't say if she supported the measure. Her spokesman, Hans Klingler, said she will be detailing a plan for children's health care and make the issue “a centerpiece” of her expected tough campaign against Perry for the GOP nod for governor.
Perry spokesman Mark Miner said, “Once again, she doesn't have any details to discuss.” He noted Perry's stand that the focus should be on children who already qualify for CHIP but aren't enrolled, adding that Hutchison supported a CHIP expansion in D.C.
Lt. Gov. David Dewhurst, who married Houston lawyer Tricia Bivins just over a week ago, got to spend part of his honeymoon at the Capitol. Session over, he said they plan to go to Colorado or California. His take on his marriage: “Even a blind squirrel sometimes finds a beautiful acorn.”
© 2009 San Antonio Express-News: www.mysanantonio.com
By Peggy Fikac
San Antonio Express-News
Copyright 2009
AUSTIN — More than a year after the Texas Department of Transportation was labeled an out-of-control agency in need of reining in, lawmakers made their decision: No TxDOT reforms were put into state law.
That means no alteration in the makeup of its governing commission, which is appointed by Gov. Rick Perry and in the past was accused of pushing his ideas without heeding lawmakers leery of such things as privately run toll roads. No special legislative oversight committee. No changes except for those TxDOT carries out on its own.
That's the upshot after a reform bill failed in the regular session and lawmakers meeting in a quickie special session simply continued the agency as is until they reconvene in 2011.
“Certainly I think this is a missed opportunity,” said Rep. Ruth Jones McClendon, D-San Antonio, a House Transportation member who pushed for such changes as an elected commissioner.
The good news: McClendon and some other lawmakers said TxDOT is working to change. Among actions they like is a new contract for a thorough review of agency operations.
TxDOT says it has acted on last year's Sunset Advisory Commission staff recommendations, including an update of its complaint receipt and tracking process. Senate Transportation and Homeland Security Chairman John Carona, R-Dallas, said most Sunset changes are under way.
Among items not addressed is the Transportation Commission makeup. But Carona, who opposes an elected panel as too political, said members are listening to lawmakers' concerns.
McClendon and House Transportation Chairman Joe Pickett, D-El Paso, say there's a need to change the agency “culture.” Pickett said that without a legislative overhaul, “I think they'll try to paint the trim on the ... building, but it's not going to make any real significant difference.”
Lawmakers said even without a new oversight committee, they'll keep close tabs on TxDOT between now and 2011.
“We recognize that TxDOT has been a troubled agency,” Carona said, “and it needs significant attention from the Legislature.”
As some lawmakers fruitlessly urged Perry to add a bill to expand the Children's Health Insurance Program to the special-session agenda, U.S. Sen. Kay Bailey Hutchison's camp still wouldn't say if she supported the measure. Her spokesman, Hans Klingler, said she will be detailing a plan for children's health care and make the issue “a centerpiece” of her expected tough campaign against Perry for the GOP nod for governor.
Perry spokesman Mark Miner said, “Once again, she doesn't have any details to discuss.” He noted Perry's stand that the focus should be on children who already qualify for CHIP but aren't enrolled, adding that Hutchison supported a CHIP expansion in D.C.
Lt. Gov. David Dewhurst, who married Houston lawyer Tricia Bivins just over a week ago, got to spend part of his honeymoon at the Capitol. Session over, he said they plan to go to Colorado or California. His take on his marriage: “Even a blind squirrel sometimes finds a beautiful acorn.”
© 2009 San Antonio Express-News: www.mysanantonio.com
June 19, 2009
Texas Mayors Petition Federal Highway Administration to Reject the Trans Texas Corridor
Five Texas Mayor's and their school districts have filed a formal request with the Federal Highway Administration to reject the environmental study for the Trans Texas Corridor, the superhighway championed by Governor Rick Perry. The corridor is an internationally funded toll road designed to connect Mexico to Canada that will take 146 acres per mile of private property from Texas citizens. These five Mayor's have taken a courageous stand placing a 30 mile wide gap in the massive project.
Press Release
Eastern Central Texas Sub-Regional Planning Commission
Holland, TX -- The Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) has filed a petition with the Federal Highway Administration (FHWA) demanding they reject the Draft Environmental Impact Statement (DEIS) for the Trans-Texas Corridor I-35 project.
The Trans-Texas Corridor (TTC) is a quarter mile-wide transportation system championed by Governor Rick Perry as the first leg of an internationally funded toll road designed to connect Canada to Mexico for international trade. The Texas Legislature authorized the TTC in 2003, and Texan's have been fighting the massive project ever since.
However, it wasn't until August of 2007 that a group of five mayors and their city's school districts representing a total of 6,000 citizens banded together, that they found a way to slow down the massive project. They formed the ECTSRPC under Chapter 391 of the Local Government Code which gave them the ability to require the Texas Department of Transportation (TXDOT) to coordinate the project with the Commission. They, in effect, created a thirty-mile gap in the middle of the TTC I-35 corridor route.
During the first meeting with TXDOT in October of 2007, the agency stated that the DEIS, the environmental study necessary to move the project forward, would be sent to the FHWA for final approval by January 2008. However, Commission members raised objections and cited critical concerns all stemming from TXDOT's refusal to study the direct impact on the local communities and their economies.
Last year, they even called on the FHWA to require the agency to conduct a supplemental study. It has been 20 months since the first meeting, and TXDOT has yet to file for final approval.
The corridor will take 146 acres per mile. The total length of the Texas I-35 corridor spans approximately 550 miles directly affecting more than 81,000 acres of private property and hundreds of small, rural communities. This direct impact, such as the division of award-winning school districts and cutting citizens off from emergency services, was never considered in the DEIS.
Also, barely mentioned in the DEIS is the critical farmland known as the Blacklands Prairie. TXDOT's preferred route will destroy thousands of acres of the Blacklands, which is the heart of the local economies represented by the ECTSRPC. The Blacklands are considered to be some of the most productive and unique farmlands in the nation. They produce bountiful crops annually without irrigation making it a prized resource in modern America where water conservation is a key concern.
"The TTC destroys our farmlands and threatens our ability to feed our nation," commented local businessman and ECTSRPC director, Ralph Snyder, "yet TXDOT did not think it was worth mentioning in their environmental study."
In response, the mayors and school districts took a stand, right in the middle of the proposed superhighway. Now, they are calling on the Federal Highway Administration to reject the study in its entirety and begin anew, this time taking the local concerns into account. According to the Texas Administrative Code, the three year window to complete the study expired as of April 4, 2009, giving rise to the petition to reject the current study. "Significant changes have occurred since TXDOT started the original DEIS, and by law, they must begin a new one," stated Mae Smith, Mayor of Holland, Texas and president of the ECTSRPC. "Texans have lost confidence in this department so we are calling on the FHWA to delegate a new agent or conduct a new study themselves," Smith continued.
This past Legislative Session did not go well for TXDOT, which was up for reauthorization. The Legislature failed to pass legislation that would have continued the state agency. In addition, the Legislature failed to authorize Comprehensive Development Agreements necessary to continue the TTC I-35 project. And, prior to the 2009 Legislative Session, TXDOT launched a campaign renaming the TTC and promising the public significant changes to the original concept.
"All of these changes require the FHWA to begin a new study," claims Fred Grant, a consulting attorney with the commission. Grant believes that since the Legislature failed to reauthorize TXDOT, none of the provisions allowing construction of the Trans-Texas Corridor survived, which in turn left no authority for TXDOT to proceed with plans to construct TTC I-35.
"What these five un-paid mayor's and their school districts have done is remarkable," commented Margaret Byfield, executive director of Stewards of the Range, which helped the Commission organize. "They have taken on one of the nation's largest state agencies, a national agenda to build a road from Mexico to Canada, and international financiers looking to make millions from Texas drivers by exercising their local control authority."
The ECTSRPC filed the 27-page petition with FHWA on Thursday, June 18, 2009.
For a copy of the petition and more information go to www.stewards.us
© 2009 ECTSRPC: ectsrpc.blogspot.com
Five Texas Mayor's and their school districts have filed a formal request with the Federal Highway Administration to reject the environmental study for the Trans Texas Corridor, the superhighway championed by Governor Rick Perry. The corridor is an internationally funded toll road designed to connect Mexico to Canada that will take 146 acres per mile of private property from Texas citizens. These five Mayor's have taken a courageous stand placing a 30 mile wide gap in the massive project.
Press Release
Eastern Central Texas Sub-Regional Planning Commission
Holland, TX -- The Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) has filed a petition with the Federal Highway Administration (FHWA) demanding they reject the Draft Environmental Impact Statement (DEIS) for the Trans-Texas Corridor I-35 project.
The Trans-Texas Corridor (TTC) is a quarter mile-wide transportation system championed by Governor Rick Perry as the first leg of an internationally funded toll road designed to connect Canada to Mexico for international trade. The Texas Legislature authorized the TTC in 2003, and Texan's have been fighting the massive project ever since.
However, it wasn't until August of 2007 that a group of five mayors and their city's school districts representing a total of 6,000 citizens banded together, that they found a way to slow down the massive project. They formed the ECTSRPC under Chapter 391 of the Local Government Code which gave them the ability to require the Texas Department of Transportation (TXDOT) to coordinate the project with the Commission. They, in effect, created a thirty-mile gap in the middle of the TTC I-35 corridor route.
During the first meeting with TXDOT in October of 2007, the agency stated that the DEIS, the environmental study necessary to move the project forward, would be sent to the FHWA for final approval by January 2008. However, Commission members raised objections and cited critical concerns all stemming from TXDOT's refusal to study the direct impact on the local communities and their economies.
Last year, they even called on the FHWA to require the agency to conduct a supplemental study. It has been 20 months since the first meeting, and TXDOT has yet to file for final approval.
The corridor will take 146 acres per mile. The total length of the Texas I-35 corridor spans approximately 550 miles directly affecting more than 81,000 acres of private property and hundreds of small, rural communities. This direct impact, such as the division of award-winning school districts and cutting citizens off from emergency services, was never considered in the DEIS.
Also, barely mentioned in the DEIS is the critical farmland known as the Blacklands Prairie. TXDOT's preferred route will destroy thousands of acres of the Blacklands, which is the heart of the local economies represented by the ECTSRPC. The Blacklands are considered to be some of the most productive and unique farmlands in the nation. They produce bountiful crops annually without irrigation making it a prized resource in modern America where water conservation is a key concern.
"The TTC destroys our farmlands and threatens our ability to feed our nation," commented local businessman and ECTSRPC director, Ralph Snyder, "yet TXDOT did not think it was worth mentioning in their environmental study."
In response, the mayors and school districts took a stand, right in the middle of the proposed superhighway. Now, they are calling on the Federal Highway Administration to reject the study in its entirety and begin anew, this time taking the local concerns into account. According to the Texas Administrative Code, the three year window to complete the study expired as of April 4, 2009, giving rise to the petition to reject the current study. "Significant changes have occurred since TXDOT started the original DEIS, and by law, they must begin a new one," stated Mae Smith, Mayor of Holland, Texas and president of the ECTSRPC. "Texans have lost confidence in this department so we are calling on the FHWA to delegate a new agent or conduct a new study themselves," Smith continued.
This past Legislative Session did not go well for TXDOT, which was up for reauthorization. The Legislature failed to pass legislation that would have continued the state agency. In addition, the Legislature failed to authorize Comprehensive Development Agreements necessary to continue the TTC I-35 project. And, prior to the 2009 Legislative Session, TXDOT launched a campaign renaming the TTC and promising the public significant changes to the original concept.
"All of these changes require the FHWA to begin a new study," claims Fred Grant, a consulting attorney with the commission. Grant believes that since the Legislature failed to reauthorize TXDOT, none of the provisions allowing construction of the Trans-Texas Corridor survived, which in turn left no authority for TXDOT to proceed with plans to construct TTC I-35.
"What these five un-paid mayor's and their school districts have done is remarkable," commented Margaret Byfield, executive director of Stewards of the Range, which helped the Commission organize. "They have taken on one of the nation's largest state agencies, a national agenda to build a road from Mexico to Canada, and international financiers looking to make millions from Texas drivers by exercising their local control authority."
The ECTSRPC filed the 27-page petition with FHWA on Thursday, June 18, 2009.
For a copy of the petition and more information go to www.stewards.us
© 2009 ECTSRPC: ectsrpc.blogspot.com
April 15, 2009
EMINENT DOMAIN
ANARCHY vs. COMMON SENSE
ANARCHY vs. COMMON SENSE
By: Trey Duhon and Don Garrett
Citizens for a Better Waller County
Copyright 2009
One of our founding fathers and the second president of the United States, John Adams, once stated, “Property must be secured or liberty can not exist.” Adams understood perfectly well that property rights were the heart of the necessary liberties that would form the basis of our democracy. As Adams also stated, “"The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.” Private property rights were the cornerstone of the liberties which were essential to the success of our new society. For this reason, the founding fathers created the Fifth Amendment of the U.S. Constitution, which provides that “private property [shall not] be taken for public use, without just compensation.”
So you can imagine the surprise and shock of property owners across the country when the U.S. Supreme Court in 2005 dropped a bombshell on private property rights in America. In a 5-4 split decision in Kelo v. the City of New London (now known as the Kelo case), the U.S. Supreme Court ruled that a governmental entity can give the power of eminent domain to private entities for those entities to use in the name of “economic development”.
The case originated in 1998 when pharmaceutical company Pfizer built a facility next to Fort Trumbull and the City of New London determined that someone else could make better use of the land than the Fort Trumbull residents. The city handed over its power of eminent domain (which is the ability to take private property for public use) to the New London Development Corporation, a private entity, to condemn the entire neighborhood for private development. As the Fort Trumbull property owners discovered, when a private entity can wield government’s power of eminent domain and can justify taking property under the guise of “economic development,” all private property owners are in trouble.
Justice O’Connor wrote the dissent, which was joined by Chief Justice Rehnquist, Justice Scalia, and Justice Thomas. Justice O’Connor found that the majority had confused “public use” with “public purpose” as that term is used in the Fifth Amendment. In interpreting the Fifth Amendment, O’Connor wrote, “we have read the Fifth Amendment to impose two distinct conditions on the exercise of eminent domain: “the taking must be for a ‘public use’ and ‘just compensation’ must be paid to the owner. These two limitations serve to protect “the security of Property,” which Alexander Hamilton described to the Philadelphia Convention as one of the “great objects of Government.” Although the public may “use” the property after it is transferred and developed, that “use” is not a “public use” such as a road, a hospital, or a military base.
O’Connor recognized that the courts are ill-equipped to pass judgment on whether or not the public will be better off after the transfer of property. She succinctly summed it up by stating, “The specter of condemnation hangs over all property. Nothing is to prevent the State fromreplacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”
Sadly, Justice O’Connor was correct.
After Kelo, the neighborhood was condemned, the houses were bulldozed, and the developer subsequently failed to obtain financing, and today the land sits barren, a blight on the community and a substantial blow to the tax base of the city.
How can anyone say that the current state of the barren land is a “public use” or even a benefit to the public for that matter? So, how do we protect private property rights in Texas in a post-Kelo world? Especially with the Obama administration promising billions of dollars in infrastructure funds to states and local governments, all private property owners have cause to be concerned about whether they will be protected.
Since Kelo, 42 states have enacted legislation to restrict the use of eminent domain for economic development. The Texas legislature quickly responded by passing Senate Bill 7.
SB 7 prohibited the use of eminent domain for economic development, but left huge loopholes for things such as the Trans Texas Corridor, sports stadiums, or instances in which a city sought to “eliminate an existing harm on society from slum or blighted areas.” In addition, without a constitutional amendment to the Texas constitution, there is no guarantee that SB 7 will withstand a court test. Lastly, SB 7 did nothing to correct past problems with Texas eminent domain law.
What kind of problems were there with Texas eminent domain law?
Believe it or not, the attack on private property rights in Texas actually began long before the Kelo case. In 2004, the Texas Supreme Court’s decision in Hubenak vs. San Jacinto Gas Transmission Company further eroded property rights by making eminent domain easier for governments. Although previous law had required government to make a “good faith offer” in the initial stage of a condemnation, Hubenak changed that.
State law, according to the Hubenak ruling, authorizes the initiation of condemnation proceedings only if the two parties are "unable to agree" on a purchase price, and the Court found that any offer at all by a political subdivision satisfied the law's intent. Therefore, the government could make an offer on property for an absurdly low amount, and then initiate court proceedings once the owner rejected that offer. By removing the requirement for good faith negotiations with its Hubenak decision, the Texas Supreme Court tipped the balance further away from property owners to the benefit of the state. This ruling forces property owners to fight condemnation in court where the property owner is at a severe disadvantage, due to the fact that even if the property owner is successful in court, he is unable to recover attorney fees or expert witness fees (appraiser fees). Such a disadvantage forces most landowners to settle in order to avoid the high cost of litigation, which only serves to erode the damages a property owner will eventually receive.
HB 2006 sought to address the Hubenak case and the Kelo aftermath by 1) defining “public use”, 2) removing the legal presumption that any condemnation by a government entity is for “public use” by requiring proof of public use by the condemnor, 3) changing court rules so that a “bona fide offer” must be made initially, 4) allowing successful property owners to recover reasonable attorney fees in litigation, and 5) allowing landowners to recover compensation for “diminished access” that may result from a partial condemnation to a property.
As the Texas Public Policy Foundation determined, “HB 2006 is essential to reversing [the substantial erosion of private property in the last 50 years] and restoring the property rights of all Texans.” The Texas legislature agreed, passing HB 2006 by overwhelming margins in 2007.
Unfortunately, there was one person who disagreed – Governor Rick Perry, who vetoed HB 2006 without giving the Legislature an opportunity to override the veto. Perry made unsubstantiated claims that the diminished access provisions would substantially raise the cost of condemnation for local governmental entities. The Texas Public Policy Foundation correctly concluded, however, that the cost of paying these damages would have been less than what Perry alleged, and such cost was pale in comparison to the cost to property owners in having HB 2006 fail to become law.
Where do we go from here?
First, it is essential that the Texas legislature immediately pass a bill similar to HB 2006, providing the protections already referenced above, including 1)restoring the definition of “public use” to its traditional meaning, 2) eliminating the blight/slum loophole from SB 7, 3) place the burden of proof on the condemning entity to prove “public use and necessity”, and 4) That if a condemning entity does not use condemned property for the purpose for which it was initially condemned within five years of the date it was taken, then the property should be offered back to the original property owner at the price for which it was taken.
In the event of a gubernatorial veto, the Texas legislature must be prepared to immediately override it. It is also vital that the Legislature and Texans pass a constitutional amendment making it clear that property shall not be condemned for economic development, so that SB 7 and HB 2006 can withstand any constitutional challenge in court.
What is interesting is that Gov. Perry, who will be running for re-election next year and will likely face a strong challenge from Texas Senator Kay Bailey Hutchinson, has suddenly come to the realization that a constitutional amendment is needed as soon as possible to “protect private property rights” of Texans, as he announced with much fanfare on January 22, 2009, that he would be working for a constitutional amendment to protect Texans from the Kelo decision, something he clearly did not do in the 2007 legislative session.
Eminent domain is an ugly word to any property owner. Unfortunately, it is a necessary tool for the public good if it is for a true public purpose, and subject to public control. Nobody can deny that our state is experiencing unparalleled growth, as it is estimated that Texas’ population by the year 2030 will increase by 10 million citizens and the demand on our infrastructure will increase proportionally along with the need for goods and services. Transportation will be a key component to accommodating this growth.
Perhaps the inherent problem in eminent domain is the failure to recognize that for many property owners, receiving fair market value is not truly adequate compensation for their land. Awarding fair market value obviously ignores intangibles such as sentimental value, historical family significance, and the simple fact that some property owners don’t want to sell their property, regardless of the price, for various reasons. Therefore it is time that government re-examine its position on eminent domain and instead of offering incentives to private developers and public private partnerships, perhaps the government should offer them to the property owner at both the state and federal level.
Additional incentives could be given to the property owner in the form of tax abatements, credits, deferment, and in special cases mitigation in the event there is the use of eminent domain and condemnations proceedings. The notion of providing additional benefits to citizens that have made sacrifices for the betterment of our state or country is not a new one. For example, one of the many ways we recognize the sacrifice made by our military veterans is by providing benefits such as home loans at reasonable rates through the Veterans’ Administration.
Why not recognize the sacrifice of private property owners that have no choice in giving up their land for the greater good? Something must be done to recognize the intrinsic fact that fair market value is not always adequate compensation. There are several opportunities for providing this recognition. Property owners having their property taken under the law of eminent domain for local, state, and or federal use should be exempt from federal capital gains and state income tax on the proceeds from the actual land and/or improved property taken. Since the property owners did not ask that their property be taken, is it fair that they be further penalized by having to reduce their net proceeds on their unwanted gain by capital gains, state income tax, or franchise tax obligations?
Should there be an agriculture exemption on the property at the time of taking then the remaining contiguous tracts or remaining parcels shall not be subject to roll back taxes in the event it is sold to a third party or the current owners wished to change the status of the exemption to something that is more suitable to the adjoining condemnation, such as new roads, parks, and other instances where it would be conducive to change the use of the land.
Therefore the property owner should be allowed to position himself without future penalty. In the event the remaining acreage is less than sufficient to qualify for an agriculture exemption by not meeting the gross acreage requirements, the parcel shall remain exempt. The status should remain until the property is conveyed to a third party that is not immediately legally related (by blood and or partnership structure) to the property owner and/or its use status changes. A transfer or sale to an immediate family member such as a wife, a sibling, spouse, child and/or grandchild should not change the status of the exemption.
Additionally, on rural and residential property the owner could be given a lifetime exemption on the remaining tract where the property value is frozen for the duration of their ownership similar to an age exemption after age 65, as long as the property is used as a primary residence. The property and/or parcel shall be defined by its dimension in a recorded lot, plat, or a legally described tract by the local appraisal district.
In the event that the taking subjects the property to negative conditions, the owner should be compensated not only for fair market value of the land taken, but also receive additional compensation on the remaining property for economic obsolescence. Excessive noises, pollution, congestion, and restricted access due to traffic patterns are examples that contribute to economic obsolescence. Economic or external obsolescence is defined by the American Institute of Real Estate Appraisers as “an element of accrued depreciation; a defect, usually incurable, cause by negative influences outside a site”. The difference in value is the loss attributed to this type of obsolescence.
Not all roads, easements, and other uses through eminent domain have a positive affect on real estate. A small business and/or rural farm where the actual taking totally consumes or destroys the owner’s ability to function should be offered the choice of mitigation or the elimination of acapital gains tax on their proceeds.
In the near future we will see more attempts to legitimize public private partnerships as an alternative method of financing public infrastructure projects. In the event a public private partnership is properly underwritten, property owners should be allowed to participate if they so choose. Unlike the Kelo situation where they were simply removed off of their property and compensated unwillingly, they should be offered the opportunity to participate in the economic profits of the project. The fair market value of their land could be treated as capital or equity contributed to the equity pool with guarantees that it be treated as the primary investor in the transaction (first in, first out).
Historically, the fight over property rights has always been a grass roots struggle, going back to when our forefathers chose to breakaway from King George. This struggle must continue today with the same vigor and passion lest we find ourselves with a Constitution being pushed into an abyss of irrelevance by self-serving interests and an indifferent government. We have a choice to make to restore parity in our legal system in regard to our diminishing property rights or sit idle and watch them become meaningless. Fair compensation and the legal process go hand in hand in restoring these rights to our property owners. As property rights deteriorate, so does the basis of our democracy and our American way of life. We must now decide if we will allow anarchy and tyranny to commence.
About the authors
Carbett “Trey” J. Duhon III
Trey Duhon is an attorney with a private practice in Waller, Texas, licensed since 1995. He currently serves as the president of the Waller Area Chamber of Commerce, in addition to serving as a director of the Waller County Toll Road Authority and as a director and vice president of Citizens for a Better Waller County. He was recently appointed to the Transportation Commission's citizen's Advisory Committee on the TTC-69. Trey graduated from Texas A&M University cum laude in 1992 and the University of Houston Law Center in 1995. He currently lives in the Fieldstore area just south of the Waller/Grimes County line with his wife, Jennifer.
Don M. Garrett
Don Garrett is a real estate broker, private investor, and consultant in Waller County, Texas. He has been a real estate professional for over 30 years and is a licensed real estate broker in Texas, Nebraska, North Carolina, and Georgia. During the ‘80’s he was responsible for liquidating a major bank portfolio in Houston, TX during the Savings & Loan Crisis. He is a board member and trustee of the Waller County Economic Development Partnership, president of Citizens for a Better Waller County, and was recently appointed as a director for the Waller County Sub-Regional Planning Commission. Don received his BS from Lamar University in 1970 and his M. Ed. from the University of Arizona in 1973. He and his wife Brenda live on their working farm near Hockley, TX.
© 2008 Citizens for a Better Waller County, P. O. Box 1802 Waller, TX. 77484: www.wallercountycitizens.org
April 8, 2009
Dan Byfield on "391" Commissions, TTC
Susan Rigdway Garry
Anti-Corridor/Rail Expansion (ACRE)
At its March 30 meeting, the Coupland Civic Organization heard a presentation from Dan Byfield, president of the American Land Foundation, a national property rights organization. Along with his wife Margaret, who founded another property rights group Stewards of the Range, Byfield was instrumental in forming the “391 Commissions” in Texas to fight the Trans-Texas Corridor.
The first “391” was founded in 2007 in Bell County—the East Central Texas Sub-Regional Planning Commission (ECTSRPC). One of its members is the City of Holland, and also speaking at the meeting were Mae Smith, mayor of Holland and president of the ECTSRPC, and Ralph Snyder, a Holland businessman and a director of the ECTSRPC. Snyder and his wife Marcia helped found the ECTSRPC.
Coordination
Byfield recounted that two-and-a-half years ago, he discovered a requirement in a Texas statute that TxDOT and other state agencies must “coordinate” their planning with local planning commissions. The requirement is in Chapter 391 of the Texas Local Government Code, hence, the name “391 Commissions.” He said, “I told Ralph we needed to start a commission. Ralph started meeting with officials in his area [eastern Bell County], formed the commission, and state agencies started coordinating with this commission.”
There must be two incorporated cities, two counties, or one city and one county to start a “391,” and then other entities such as school districts can join. The ECTSRPC began with Holland, Bartlett, Little River-Academy, and Rogers and then added their school districts.
TxDOT at bay--environmental process
Byfield said, “For two years now we have held TxDOT at bay. There’s no Corridor through our jurisdiction. We put a 30-mile-hole through the Corridor; they’re not going to build a road with a 30-mile gap.” The ECTRPC and Buckholts residents became concerned that TxDOT might bypass Bell County by going farther east through Buckholts, so Buckholts joined the ECTRPC, thus gaining its protection.
The ECTSRPC has stopped the Corridor through the environmental process. TxDOT cannot proceed until the Final Environmental Impact Statement (FEIS) for Tier 1 is out. Snyder said, “There were 26 items that TxDOT was obligated to do that they didn’t do. We asked for a supplement to cover these items.”
The ECTSRPC made a formal demand that TxDOT stop the development of the Corridor and restudy it in a supplemental environmental study. The FEIS is still at the Federal Highway Administration, and Snyder says, “If they don’t approve it in the next couple of months, they have to start over.”
Mayor Smith and Ralph Snyder on Texas T-bone high-speed rail
Mayor Smith asked, “Why destroy the Blackland that you cannot replace? Stand up for your land! A statute is on the books that they have to listen to us. When we call, they come to Holland, Texas. We are 45 percent of Bell County.”
She also is concerned about the latest high-speed rail proposal, which is called the Texas T-Bone. A line will run through the state north to south, with a line coming toward it from Bryan that “T’s” into the north-south line in the Temple area. This line would damage the rural areas of Bell County represented by the ECTSRPC.
About high-speed rail, Snyder asked, “Who gets to pay for the planning, for the studies, for the state’s loan to foreign companies, for the decreased value of land on each side of it? We do!”
The ECTSRPC asked for our support in their fight against high-speed rail. They appreciated that the Coupland area had fought the previous high-speed rail proposal, and also that we were among the early opponents of the Corridor.
Legislative attempts to abolish "391's"
About possible attempts in the Legislature to abolish the “391’s,” Byfield said, “There is coordination language in federal statute as well. The National Environmental Policy Act has coordination in it.” Also, he believes the state “can’t do away with the statute because the COG’s [Councils of Government] were created under it.”
To form a Sub-Regional Planning Commission, the cities and counties must be in the same Council of Government. Williamson is not in the COG with Bell County; it is in the Capital Area COG, along with the counties of Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, and Travis.
Eminent domain
Regarding eminent domain in this legislative session, Byfield said there are eight bills and three constitutional amendments filed. He said there are some “good bills, supported by the Texas Farm Bureau, but they aren’t supported by the governor. We don’t know that we will see good legislation. This session is very important for rural Texas.”
Supporting "391's"
The speakers were asked, since Coupland is not incorporated, how we can participate in the Sub-Regional Planning Commission process. Snyder mentioned supporting the American Land Foundation and Stewards of the Range: “These two foundations operate on donations.” Mayor Smith added, “Support the commissions that are out there.” Currently, there are nine in Texas. News and descriptions of all of them are at www.391texas.blogspot.com
Attendees were given copies of Standing Ground, the publication of Stewards of the Range and American Land Foundation. You can view it online at www.stewards.us. The site of American Land Foundation is www.amland.us
© 2009 ACRE: acretexas.blogspot.com
Susan Rigdway Garry
Anti-Corridor/Rail Expansion (ACRE)
At its March 30 meeting, the Coupland Civic Organization heard a presentation from Dan Byfield, president of the American Land Foundation, a national property rights organization. Along with his wife Margaret, who founded another property rights group Stewards of the Range, Byfield was instrumental in forming the “391 Commissions” in Texas to fight the Trans-Texas Corridor.
The first “391” was founded in 2007 in Bell County—the East Central Texas Sub-Regional Planning Commission (ECTSRPC). One of its members is the City of Holland, and also speaking at the meeting were Mae Smith, mayor of Holland and president of the ECTSRPC, and Ralph Snyder, a Holland businessman and a director of the ECTSRPC. Snyder and his wife Marcia helped found the ECTSRPC.
Coordination
Byfield recounted that two-and-a-half years ago, he discovered a requirement in a Texas statute that TxDOT and other state agencies must “coordinate” their planning with local planning commissions. The requirement is in Chapter 391 of the Texas Local Government Code, hence, the name “391 Commissions.” He said, “I told Ralph we needed to start a commission. Ralph started meeting with officials in his area [eastern Bell County], formed the commission, and state agencies started coordinating with this commission.”
There must be two incorporated cities, two counties, or one city and one county to start a “391,” and then other entities such as school districts can join. The ECTSRPC began with Holland, Bartlett, Little River-Academy, and Rogers and then added their school districts.
TxDOT at bay--environmental process
Byfield said, “For two years now we have held TxDOT at bay. There’s no Corridor through our jurisdiction. We put a 30-mile-hole through the Corridor; they’re not going to build a road with a 30-mile gap.” The ECTRPC and Buckholts residents became concerned that TxDOT might bypass Bell County by going farther east through Buckholts, so Buckholts joined the ECTRPC, thus gaining its protection.
The ECTSRPC has stopped the Corridor through the environmental process. TxDOT cannot proceed until the Final Environmental Impact Statement (FEIS) for Tier 1 is out. Snyder said, “There were 26 items that TxDOT was obligated to do that they didn’t do. We asked for a supplement to cover these items.”
The ECTSRPC made a formal demand that TxDOT stop the development of the Corridor and restudy it in a supplemental environmental study. The FEIS is still at the Federal Highway Administration, and Snyder says, “If they don’t approve it in the next couple of months, they have to start over.”
Mayor Smith and Ralph Snyder on Texas T-bone high-speed rail
Mayor Smith asked, “Why destroy the Blackland that you cannot replace? Stand up for your land! A statute is on the books that they have to listen to us. When we call, they come to Holland, Texas. We are 45 percent of Bell County.”
She also is concerned about the latest high-speed rail proposal, which is called the Texas T-Bone. A line will run through the state north to south, with a line coming toward it from Bryan that “T’s” into the north-south line in the Temple area. This line would damage the rural areas of Bell County represented by the ECTSRPC.
About high-speed rail, Snyder asked, “Who gets to pay for the planning, for the studies, for the state’s loan to foreign companies, for the decreased value of land on each side of it? We do!”
The ECTSRPC asked for our support in their fight against high-speed rail. They appreciated that the Coupland area had fought the previous high-speed rail proposal, and also that we were among the early opponents of the Corridor.
Legislative attempts to abolish "391's"
About possible attempts in the Legislature to abolish the “391’s,” Byfield said, “There is coordination language in federal statute as well. The National Environmental Policy Act has coordination in it.” Also, he believes the state “can’t do away with the statute because the COG’s [Councils of Government] were created under it.”
To form a Sub-Regional Planning Commission, the cities and counties must be in the same Council of Government. Williamson is not in the COG with Bell County; it is in the Capital Area COG, along with the counties of Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, and Travis.
Eminent domain
Regarding eminent domain in this legislative session, Byfield said there are eight bills and three constitutional amendments filed. He said there are some “good bills, supported by the Texas Farm Bureau, but they aren’t supported by the governor. We don’t know that we will see good legislation. This session is very important for rural Texas.”
Supporting "391's"
The speakers were asked, since Coupland is not incorporated, how we can participate in the Sub-Regional Planning Commission process. Snyder mentioned supporting the American Land Foundation and Stewards of the Range: “These two foundations operate on donations.” Mayor Smith added, “Support the commissions that are out there.” Currently, there are nine in Texas. News and descriptions of all of them are at www.391texas.blogspot.com
Attendees were given copies of Standing Ground, the publication of Stewards of the Range and American Land Foundation. You can view it online at www.stewards.us. The site of American Land Foundation is www.amland.us
© 2009 ACRE: acretexas.blogspot.com
March 29, 2009
Coupland Civic Organization to host local speaker
3/29/09
Taylor Daily Press
Dan Byfield, president of the American Land Foundation, a national property rights organization, will speak to the Coupland Civic Organization Monday in the Fellowship Hall of St. Peter’s Church of Coupland. The Coupland Civic Organization will host a spaghetti supper at 6:30 p.m. and the program will begin at 7 p.m.
Byfield will discuss the “391 Commissions” that he has formed in Texas to fight projects like the Trans-Texas Corridor. In addition to discussing helping local communities fight for their property rights, Byfield will also speak on related legislative issues, such as eminent domain.
Byfield has worked on property rights, water and natural resource issues as a legislative staff member. He has lobbied on behalf of agriculture for the Texas Farm Bureau. He did legislative work on property rights matters in New Mexico, Texas, and Washington for the Farm Credit Bank of Texas. In 1993, he formed the American Land Foundation. The American Land Foundation assists landowners and other property rights organizations nationwide.
© 2009 Taylor Daily Press: www.taylordailypress.net
3/29/09
Taylor Daily Press
Dan Byfield, president of the American Land Foundation, a national property rights organization, will speak to the Coupland Civic Organization Monday in the Fellowship Hall of St. Peter’s Church of Coupland. The Coupland Civic Organization will host a spaghetti supper at 6:30 p.m. and the program will begin at 7 p.m.
Byfield will discuss the “391 Commissions” that he has formed in Texas to fight projects like the Trans-Texas Corridor. In addition to discussing helping local communities fight for their property rights, Byfield will also speak on related legislative issues, such as eminent domain.
Byfield has worked on property rights, water and natural resource issues as a legislative staff member. He has lobbied on behalf of agriculture for the Texas Farm Bureau. He did legislative work on property rights matters in New Mexico, Texas, and Washington for the Farm Credit Bank of Texas. In 1993, he formed the American Land Foundation. The American Land Foundation assists landowners and other property rights organizations nationwide.
© 2009 Taylor Daily Press: www.taylordailypress.net
March 19, 2009
Bills filed in the Texas Legislature would impact Sub-Regional Planning Commissions
H.B. No. 3552
By: Bonnen
A BILL TO BE ENTITLED
AN ACT relating to the composition of certain regional planning commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.003, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) Except as provided by Subsection (a-1), any [Any] combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or
other means, to establish a commission.
(a-1) A county with a population of 240,000 or more that borders the Gulf of Mexico may agree to establish a commission as provided by Subsection (a) only with:
(1) counties with a population of less than 3.3 million that are located within 100 miles of the Gulf of Mexico;
(2) municipalities located wholly within a county described by Subdivision (1); or
(3) counties and municipalities described by Subdivisions (1) and (2).
SECTION 2. Not later than November 1, 2009, any county described by Section 391.003(a-1), Local Government Code, as added by this Act, participating in a regional planning commission that does not comply with Section 391.003(a-1), Local Government Code, as added by this Act, shall withdraw from the commission.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
Link to House Bill 3552: HERE
S.B. No. 1471
By: Gallegos
A BILL TO BE ENTITLED
AN ACT relating to the composition of certain regional planning commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.003, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) Except as provided by Subsection (a-1), any [Any] combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or other means, to establish a commission.
(a-1) A county with a population of 3.3 million or more:
(1) may agree to establish a commission as provided by Subsection (a) only with municipalities located wholly or partly in the county; and
(2) may not establish a commission with another county.
SECTION 2. Not later than November 1, 2009, any county described by Section 391.003(a-1), Local Government Code, as added by this Act, participating in a regional [Previous Hit] planning [Next Hit] [Previous Hit] commission [Next Hit] that does not comply with Section 391.003(a-1), Local Government Code, as added by this Act, shall withdraw from the commission.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
Link to Senate Bill 1471: HERE
House Bill 4511
By: Coleman
A BILL TO BE ENTITLED
AN ACT relating to the composition of certain regional planning commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.003, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) Except as provided by Subsection (a-1), any [Any] combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or other means, to establish a commission.
(a-1) A county with a population of 3.3 million or more:
(1) may agree to establish a commission as provided by Subsection (a) only with municipalities located wholly or partly in the county; and
(2) may not establish a commission with another county.
SECTION 2. Not later than November 1, 2009, any county described by Section 391.003(a-1), Local Government Code, as added by this Act, participating in a regional planning commission that does not comply with Section 391.003(a-1), Local Government Code, as added by this Act, shall withdraw from the commission.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
Link to House Bill 4511: HERE
H.B. No. 3552
By: Bonnen
A BILL TO BE ENTITLED
AN ACT relating to the composition of certain regional planning commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.003, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) Except as provided by Subsection (a-1), any [Any] combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or
other means, to establish a commission.
(a-1) A county with a population of 240,000 or more that borders the Gulf of Mexico may agree to establish a commission as provided by Subsection (a) only with:
(1) counties with a population of less than 3.3 million that are located within 100 miles of the Gulf of Mexico;
(2) municipalities located wholly within a county described by Subdivision (1); or
(3) counties and municipalities described by Subdivisions (1) and (2).
SECTION 2. Not later than November 1, 2009, any county described by Section 391.003(a-1), Local Government Code, as added by this Act, participating in a regional planning commission that does not comply with Section 391.003(a-1), Local Government Code, as added by this Act, shall withdraw from the commission.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
Link to House Bill 3552: HERE
S.B. No. 1471
By: Gallegos
A BILL TO BE ENTITLED
AN ACT relating to the composition of certain regional planning commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.003, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) Except as provided by Subsection (a-1), any [Any] combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or other means, to establish a commission.
(a-1) A county with a population of 3.3 million or more:
(1) may agree to establish a commission as provided by Subsection (a) only with municipalities located wholly or partly in the county; and
(2) may not establish a commission with another county.
SECTION 2. Not later than November 1, 2009, any county described by Section 391.003(a-1), Local Government Code, as added by this Act, participating in a regional [Previous Hit] planning [Next Hit] [Previous Hit] commission [Next Hit] that does not comply with Section 391.003(a-1), Local Government Code, as added by this Act, shall withdraw from the commission.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
Link to Senate Bill 1471: HERE
House Bill 4511
By: Coleman
A BILL TO BE ENTITLED
AN ACT relating to the composition of certain regional planning commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.003, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) Except as provided by Subsection (a-1), any [Any] combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or other means, to establish a commission.
(a-1) A county with a population of 3.3 million or more:
(1) may agree to establish a commission as provided by Subsection (a) only with municipalities located wholly or partly in the county; and
(2) may not establish a commission with another county.
SECTION 2. Not later than November 1, 2009, any county described by Section 391.003(a-1), Local Government Code, as added by this Act, participating in a regional planning commission that does not comply with Section 391.003(a-1), Local Government Code, as added by this Act, shall withdraw from the commission.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
Link to House Bill 4511: HERE
February 28, 2009
Local input received on area mobility plan
2/28/09
Trinity Standard
Copyright 2009
TRINITY – A handful of suggestions for changes and additions to the local highway system were presented last week during the first of three public forums hosted by the Trinity-Neches Texas Sub-Regional Planning Commission (TNT).
Additional traffic control lights and an overpass were the needs listed by the public during the meeting regarding a draft transportation study being prepared by TNT.
During the meeting, TNT Member-at-large Connie Fogle explained that the study was being developed as a means of countering what the Texas Department of Transportation (TxDOT) formerly called the Trans-Texas Corridor (TTC).
“State law says TxDOT’s plan must be compatible with our plan,” Fogle said. “That’s why were here today. We want to draft a mobility plan for the Trinity, Groveton and Corrigan areas and we want the public’s input.”
Fogle noted the TNT was organized last year as a means of fighting TxDOT’s plans to route the massive TTC highway system through Trinity County. By drafting a mobility plan for the area that does not include the proposed new highway route, she indicated TNT would have additional ammunition in their battle.
Fogle told the group of about a dozen audience members that while the Texas Department of Transportation (TxDOT) has agreed that the name “Trans-Texas Corridor” is dead, the proposed route through Trinity County is not.
It was noted that in TxDOT officials have agreed to “use existing highway right-of-ways” such as U.S. 59 through East Texas for the proposed I-69 connecting Mexico to Canada, new right-of-way through Trinity County is still included in TxDOT Draft Environmental Impact Statement (DEIS) that it plans to submit to the Federal Highway Administration.
“The public didn’t like the name Trans-Texas Corridor, so (TxDOT) changed its name; and the public didn’t like the 1,200-foot-wide footprint, so they decided to narrow it where they can, but they’re still sending in the environmental impact statement as is,” Fogle said.
It was noted that some TxDOT officials now refer to the route through Trinity County as “I-69 Alt.” or alternate Interstate 69.
Fogle said the TNT will continue to work to halt the TTC and I-69 Alt. route and was seeking suggestions for things to include in the transportation plan they are now preparing.
“This is a work in progress. We will be taking suggestions tonight and at public forums planned in Groveton and Corrigan. We also will be taking written suggestions,” she added.
Among the suggestions presented during the Feb. 19 meeting, was the installation of a traffic control light on Highway 19 in front of the Trinity Brookshire Brothers grocery store.
Trinity Mayor Lyle Stubbs noted the city has been asking TxDOT for years for such a light but has always been turned down.
“They’ve got the traffic data and information on the number of accidents that have occurred there, but we still don’t have a light,” he said.
Stubbs also noted that in the past the city has asked TxDOT to put in an overpass to allow traffic on Highway 94 to cross the railroad tracks.
Stubbs, who also is a member of the Trinity Volunteer Fire Department, noted there have been incidents in the past where a train passing through the city has prevented firefighters from responded to building and other fires.
He noted that to help solve this problem, TVFD not has fire-fighting equipment on both sides of the tracks.
However, since most firefighters work on the west side of the tracks during the day, there are times where not enough manpower can get to a fire when the tracks are blocked.
“We’re probably too small to get (an overpass) but it won’t hurt to ask,” Stubbs said.
Dee Dee King of the Saron Community near Trinity suggested a caution light be placed at the intersection of Highway 94 and FM 3188 northeast of Trinity.
“It’s a dangerous place and we need at lease a flashing light there to warn people,” King said.
Fogle noted that the second public forum was held in Corrigan on Tuesday, Feb. 24, and the third and final meeting was set for 6 p.m. Thursday, Feb. 26, at the Groveton City Hall, 115 W. Front Street.
She noted the Groveton meeting had originally been set for Feb. 17 but was rescheduled due to a conflict with a girls’ basketball playoff game.
Copies of the draft mobility plans are available at the Trinity, Groveton and Corrigan city halls. Written comments will be accepted through May 20.
After comments have been received, TNT will finalize the plan and publish notices in local newspapers. Copies of the final plan will be available at the city halls for public review.
Following a 30-day comment period on the final plan, the TNT will give their final approval and deliver it to state, federal and regional transportation agencies as well as to the governor’s office.
© 2009 Trinity Standard: www.easttexasnews.com
2/28/09
Trinity Standard
Copyright 2009
TRINITY – A handful of suggestions for changes and additions to the local highway system were presented last week during the first of three public forums hosted by the Trinity-Neches Texas Sub-Regional Planning Commission (TNT).
Additional traffic control lights and an overpass were the needs listed by the public during the meeting regarding a draft transportation study being prepared by TNT.
During the meeting, TNT Member-at-large Connie Fogle explained that the study was being developed as a means of countering what the Texas Department of Transportation (TxDOT) formerly called the Trans-Texas Corridor (TTC).
“State law says TxDOT’s plan must be compatible with our plan,” Fogle said. “That’s why were here today. We want to draft a mobility plan for the Trinity, Groveton and Corrigan areas and we want the public’s input.”
Fogle noted the TNT was organized last year as a means of fighting TxDOT’s plans to route the massive TTC highway system through Trinity County. By drafting a mobility plan for the area that does not include the proposed new highway route, she indicated TNT would have additional ammunition in their battle.
Fogle told the group of about a dozen audience members that while the Texas Department of Transportation (TxDOT) has agreed that the name “Trans-Texas Corridor” is dead, the proposed route through Trinity County is not.
It was noted that in TxDOT officials have agreed to “use existing highway right-of-ways” such as U.S. 59 through East Texas for the proposed I-69 connecting Mexico to Canada, new right-of-way through Trinity County is still included in TxDOT Draft Environmental Impact Statement (DEIS) that it plans to submit to the Federal Highway Administration.
“The public didn’t like the name Trans-Texas Corridor, so (TxDOT) changed its name; and the public didn’t like the 1,200-foot-wide footprint, so they decided to narrow it where they can, but they’re still sending in the environmental impact statement as is,” Fogle said.
It was noted that some TxDOT officials now refer to the route through Trinity County as “I-69 Alt.” or alternate Interstate 69.
Fogle said the TNT will continue to work to halt the TTC and I-69 Alt. route and was seeking suggestions for things to include in the transportation plan they are now preparing.
“This is a work in progress. We will be taking suggestions tonight and at public forums planned in Groveton and Corrigan. We also will be taking written suggestions,” she added.
Among the suggestions presented during the Feb. 19 meeting, was the installation of a traffic control light on Highway 19 in front of the Trinity Brookshire Brothers grocery store.
Trinity Mayor Lyle Stubbs noted the city has been asking TxDOT for years for such a light but has always been turned down.
“They’ve got the traffic data and information on the number of accidents that have occurred there, but we still don’t have a light,” he said.
Stubbs also noted that in the past the city has asked TxDOT to put in an overpass to allow traffic on Highway 94 to cross the railroad tracks.
Stubbs, who also is a member of the Trinity Volunteer Fire Department, noted there have been incidents in the past where a train passing through the city has prevented firefighters from responded to building and other fires.
He noted that to help solve this problem, TVFD not has fire-fighting equipment on both sides of the tracks.
However, since most firefighters work on the west side of the tracks during the day, there are times where not enough manpower can get to a fire when the tracks are blocked.
“We’re probably too small to get (an overpass) but it won’t hurt to ask,” Stubbs said.
Dee Dee King of the Saron Community near Trinity suggested a caution light be placed at the intersection of Highway 94 and FM 3188 northeast of Trinity.
“It’s a dangerous place and we need at lease a flashing light there to warn people,” King said.
Fogle noted that the second public forum was held in Corrigan on Tuesday, Feb. 24, and the third and final meeting was set for 6 p.m. Thursday, Feb. 26, at the Groveton City Hall, 115 W. Front Street.
She noted the Groveton meeting had originally been set for Feb. 17 but was rescheduled due to a conflict with a girls’ basketball playoff game.
Copies of the draft mobility plans are available at the Trinity, Groveton and Corrigan city halls. Written comments will be accepted through May 20.
After comments have been received, TNT will finalize the plan and publish notices in local newspapers. Copies of the final plan will be available at the city halls for public review.
Following a 30-day comment period on the final plan, the TNT will give their final approval and deliver it to state, federal and regional transportation agencies as well as to the governor’s office.
© 2009 Trinity Standard: www.easttexasnews.com
February 19, 2009
Revised corridor plans still under review
By CLAY COPPEDGE,
Country World News
In the wake of a recent announcement that the controversial Trans-Texas Corridor (TTC) proposal is dead, Texas Department of Transportation (TxDOT) officials have met with several sub-regional planning commissions to clarify what projects associated with the TTC will still go forward.
Members of the sub-regional commissions, which were formed in response to the corridor, have expressed concern that while last rites for the TTC have been announced, the Environmental Impact Statement (EIS) for the corridor has continued.
Doug Booher, an environmental specialist with the Texas Turnpike Authority, told the commission that the state EIS is continuing because individual corridor projects are still being planned.
“The documents for the EIS, as it relates to the Trans-Texas Corridor as a whole concept, have to be revised,” he said.
Mark Tomlinson, director of the Texas Turnpike Authority Division, said the TTC-35 and I-69 programs will go forward as individual projects rather than as part of a larger system. The turnpike division is responsible for toll roads and other financing options for TxDOT.
The TTC-35 project calls for a highway running roughly parallel to Interstate 35 from the Red River to the Mexican border. The I-69 project would create a highway running from Texarkana to Laredo or the Rio Grande Valley.
“The overall goal of the (EIS) document is the same,” he said. “How we plan to implement the projects has changed. For example, the overall width of the corridor projects still under consideration was conceptualized at 1,200 feet but are now closer to 600 feet.” He added that the proposed paths haven’t changed, and that the widths weren’t considered when the first proposed routes were drawn.
Gov. Rick Perry first proposed the TTC in 2002 as a $175 billion, 4,000-mile network of highways, rail and communication lines through the state. The elaborate system was designed to ease overcrowding on current highways and accommodate future growth.
The plan was controversial from the first. The massive amount of land needed for the project drew critical attention from farmers, ranchers and rural landowners.
Agriculture groups, such as the Texas Farm Bureau and others, spoke out loudly against the proposal at a series of public hearings to gather public input on the TTC.
Fred Kelly Grant, a lawyer and legal adviser for the sub-regional planning commissions, asked the officials if they have worked within the provisions of the Farmland Protection Policy Act in drafting the EIS.
“That (Farmland Protection Policy Act) is not the only factor we have to consider,” Tomlinson said. “We looked at unique farmland on both sides (of Interstate 35) but we also have to look at the Endangered Species Act, which comes into play a lot more on the western side of the highway. Until it’s an actual project, we can’t say for sure how the Farmland Protection Act will come into play.”
Richard Skopic, district engineer for TxDOT, said the federal stimulus plan could have an impact on TxDOT’s ability to fund projects like TTC-35 and I-69, but added that it is too early to tell what impact, if any, it will have.
“Part of the plan, as it stands now, calls for $27 to $30 billion for highways, bridges and transportation,” Skopic said. “I think we could expect Texas to get just under $2.5 billion. When you look at that amount of money, it’s less than what we spent on similar projects over the last five years.”
TxDOT Executive Director Amando Saenz announced at a transportation conference in Austin last month that the name Trans-Texas Corridor, as a single-project concept, is not the choice of Texans and that the name will be put to rest. He also announced the Innovative Connectivity in Texas/Vision 2009 program, which includes a policy of meeting with local groups for input on transportation projects.
Dan Byfield with the American Land Foundation, a private property rights group that advises the sub-regional commissions, said that TxDOT has held several meetings with the local commissions.
“The Pineywoods group got a letter from Amando Saenz saying that the department looks forward to working with them on the I-69 project,” he said. “That’s a step in the right direction.”
© 2009 Country World News: www.countryworldnews.com
By CLAY COPPEDGE,
Country World News
In the wake of a recent announcement that the controversial Trans-Texas Corridor (TTC) proposal is dead, Texas Department of Transportation (TxDOT) officials have met with several sub-regional planning commissions to clarify what projects associated with the TTC will still go forward.
Members of the sub-regional commissions, which were formed in response to the corridor, have expressed concern that while last rites for the TTC have been announced, the Environmental Impact Statement (EIS) for the corridor has continued.
Doug Booher, an environmental specialist with the Texas Turnpike Authority, told the commission that the state EIS is continuing because individual corridor projects are still being planned.
“The documents for the EIS, as it relates to the Trans-Texas Corridor as a whole concept, have to be revised,” he said.
Mark Tomlinson, director of the Texas Turnpike Authority Division, said the TTC-35 and I-69 programs will go forward as individual projects rather than as part of a larger system. The turnpike division is responsible for toll roads and other financing options for TxDOT.
The TTC-35 project calls for a highway running roughly parallel to Interstate 35 from the Red River to the Mexican border. The I-69 project would create a highway running from Texarkana to Laredo or the Rio Grande Valley.
“The overall goal of the (EIS) document is the same,” he said. “How we plan to implement the projects has changed. For example, the overall width of the corridor projects still under consideration was conceptualized at 1,200 feet but are now closer to 600 feet.” He added that the proposed paths haven’t changed, and that the widths weren’t considered when the first proposed routes were drawn.
Gov. Rick Perry first proposed the TTC in 2002 as a $175 billion, 4,000-mile network of highways, rail and communication lines through the state. The elaborate system was designed to ease overcrowding on current highways and accommodate future growth.
The plan was controversial from the first. The massive amount of land needed for the project drew critical attention from farmers, ranchers and rural landowners.
Agriculture groups, such as the Texas Farm Bureau and others, spoke out loudly against the proposal at a series of public hearings to gather public input on the TTC.
Fred Kelly Grant, a lawyer and legal adviser for the sub-regional planning commissions, asked the officials if they have worked within the provisions of the Farmland Protection Policy Act in drafting the EIS.
“That (Farmland Protection Policy Act) is not the only factor we have to consider,” Tomlinson said. “We looked at unique farmland on both sides (of Interstate 35) but we also have to look at the Endangered Species Act, which comes into play a lot more on the western side of the highway. Until it’s an actual project, we can’t say for sure how the Farmland Protection Act will come into play.”
Richard Skopic, district engineer for TxDOT, said the federal stimulus plan could have an impact on TxDOT’s ability to fund projects like TTC-35 and I-69, but added that it is too early to tell what impact, if any, it will have.
“Part of the plan, as it stands now, calls for $27 to $30 billion for highways, bridges and transportation,” Skopic said. “I think we could expect Texas to get just under $2.5 billion. When you look at that amount of money, it’s less than what we spent on similar projects over the last five years.”
TxDOT Executive Director Amando Saenz announced at a transportation conference in Austin last month that the name Trans-Texas Corridor, as a single-project concept, is not the choice of Texans and that the name will be put to rest. He also announced the Innovative Connectivity in Texas/Vision 2009 program, which includes a policy of meeting with local groups for input on transportation projects.
Dan Byfield with the American Land Foundation, a private property rights group that advises the sub-regional commissions, said that TxDOT has held several meetings with the local commissions.
“The Pineywoods group got a letter from Amando Saenz saying that the department looks forward to working with them on the I-69 project,” he said. “That’s a step in the right direction.”
© 2009 Country World News: www.countryworldnews.com
February 12, 2009
TxDOT agrees to work with county group on project
Waller County News-Citizen
WALLER – In a letter dated Jan. 21, addressed to the Waller County Sub-Regional Planning Commission, Amadeo Saenz Jr., executive director of the Texas Department of Transportation, agreed to coordinate with the WCSRPC in regards to the plans and programs of the I-69/TTC project.
“We welcome the opportunity to work with your group on transportation issues that are important to Waller County citizens,” Saenz stated in his letter.
The letter further details that Saenz has instructed TxDOT Houston District staff to coordinate these efforts with the WCSRPC and to arrange a meeting, because the Houston District is best positioned to understand regional issues.
“This is a significant step in the process for Waller County citizens and the WCSRPC,” stated Maurice Hart Jr., president of the WCSRPC.
“As long as Waller County remains on the Environmental Impact Statement for the I-69/TTC project as an alternative route, we are going to require TxDOT to coordinate with us so that any potential project that is done in our area is consistent with the transportation and mobility plans and goals of our area and of our citizens,” Hart added.
Trey Duhon, vice president of Citizens for a Better Waller County, feels that this is a significant accomplishment for the WCSRPC, “This letter shows that TxDOT is acknowledging Chapter 391 of the Texas Local Government Code. Waller County now has the ability to sit at the table with a state agency like TxDOT as equal partners in the transportation process. The ultimate winners will be the citizens of Waller County. CBWC is extremely pleased that coordination efforts are now moving forward.”
Despite recent announcements by TxDOT that the Trans Texas Corridor project is dead, Duhon expressed caution, “After many years of working against the Trans Texas Corridor, the recent announcement is encouraging, but we can not let our guard down. The recent announcement seems to be more of a name change than anything else. As long as Waller County remains on the EIS as an alternative, there is a danger to our area. We have gone too far to relax now and get caught off guard. The WCSRPC will be an effectively tool to monitor TxDOT's real intentions.”
The WCSRPC was initially formed in April of 2008 by Waller County and the cities of Waller, Pine Island, and Prairie View. Since that time, the city of Pattison has become a member along with Waller ISD and the Brookshire Katy Drainage District, which became new members at the commission meeting that was held on Feb. 2. Don Garrett, president of CBWC, has also been appointed as a non-elected citizen director.
Hart stated, “We still have standing invitations to the cities of Hempstead, Brookshire, Katy, Hempstead ISD, Royal ISD, Bluebonnet Water District, and Emergency Services District No. 200 to be a part of the process in joining the WCSRPC. This organization will facilitate communication between Waller County cities, the county, and other important entities so that we can all work together to improve the quality of life for all Waller County citizens in relation to any state or federal project in Waller County. With TxDOT’s agreement to coordinate, it is important for everyone to have a seat at the table. We are looking forward to our first meeting with TxDOT officials.”
The Commission also voted to extend an invitation to Katy ISD to join the WCSRPC.
The WCSRPC is also looking at zip codes issues in Prairie View and Pattison, in addition to drainage issues in Waller County.
For additional information and updates on the WCSRPC, you can visit their website at http://wallercountysrpc.blogspot.com. As soon as a meeting date with TxDOT is set, the website will be updated with that date and time. The WCSRPC meets regularly at 7 p.m. on the first Monday of every month at the Road & Bridge complex in Hempstead across from DiLorio's on Business Hwy 290.
Meetings of the WSRPC are open to the public.
© 2008 Waller County News-Citizen : www.hcnonline.com
Waller County News-Citizen
WALLER – In a letter dated Jan. 21, addressed to the Waller County Sub-Regional Planning Commission, Amadeo Saenz Jr., executive director of the Texas Department of Transportation, agreed to coordinate with the WCSRPC in regards to the plans and programs of the I-69/TTC project.
“We welcome the opportunity to work with your group on transportation issues that are important to Waller County citizens,” Saenz stated in his letter.
The letter further details that Saenz has instructed TxDOT Houston District staff to coordinate these efforts with the WCSRPC and to arrange a meeting, because the Houston District is best positioned to understand regional issues.
“This is a significant step in the process for Waller County citizens and the WCSRPC,” stated Maurice Hart Jr., president of the WCSRPC.
“As long as Waller County remains on the Environmental Impact Statement for the I-69/TTC project as an alternative route, we are going to require TxDOT to coordinate with us so that any potential project that is done in our area is consistent with the transportation and mobility plans and goals of our area and of our citizens,” Hart added.
Trey Duhon, vice president of Citizens for a Better Waller County, feels that this is a significant accomplishment for the WCSRPC, “This letter shows that TxDOT is acknowledging Chapter 391 of the Texas Local Government Code. Waller County now has the ability to sit at the table with a state agency like TxDOT as equal partners in the transportation process. The ultimate winners will be the citizens of Waller County. CBWC is extremely pleased that coordination efforts are now moving forward.”
Despite recent announcements by TxDOT that the Trans Texas Corridor project is dead, Duhon expressed caution, “After many years of working against the Trans Texas Corridor, the recent announcement is encouraging, but we can not let our guard down. The recent announcement seems to be more of a name change than anything else. As long as Waller County remains on the EIS as an alternative, there is a danger to our area. We have gone too far to relax now and get caught off guard. The WCSRPC will be an effectively tool to monitor TxDOT's real intentions.”
The WCSRPC was initially formed in April of 2008 by Waller County and the cities of Waller, Pine Island, and Prairie View. Since that time, the city of Pattison has become a member along with Waller ISD and the Brookshire Katy Drainage District, which became new members at the commission meeting that was held on Feb. 2. Don Garrett, president of CBWC, has also been appointed as a non-elected citizen director.
Hart stated, “We still have standing invitations to the cities of Hempstead, Brookshire, Katy, Hempstead ISD, Royal ISD, Bluebonnet Water District, and Emergency Services District No. 200 to be a part of the process in joining the WCSRPC. This organization will facilitate communication between Waller County cities, the county, and other important entities so that we can all work together to improve the quality of life for all Waller County citizens in relation to any state or federal project in Waller County. With TxDOT’s agreement to coordinate, it is important for everyone to have a seat at the table. We are looking forward to our first meeting with TxDOT officials.”
The Commission also voted to extend an invitation to Katy ISD to join the WCSRPC.
The WCSRPC is also looking at zip codes issues in Prairie View and Pattison, in addition to drainage issues in Waller County.
For additional information and updates on the WCSRPC, you can visit their website at http://wallercountysrpc.blogspot.com. As soon as a meeting date with TxDOT is set, the website will be updated with that date and time. The WCSRPC meets regularly at 7 p.m. on the first Monday of every month at the Road & Bridge complex in Hempstead across from DiLorio's on Business Hwy 290.
Meetings of the WSRPC are open to the public.
© 2008 Waller County News-Citizen : www.hcnonline.com
January 31, 2009
Trans-Texas Corruption
By Dan Byfield
Standing Ground
Despite what anyone may have read in the papers, the Trans-Texas Corridor is not dead. It simply has a new name. “Innovative Connectivity” sounds more like a creative science class on electricity, but it’s our state’s “new” approach to building toll roads in Texas.
There’s a reason for the name change and it’s not because the state of Texas woke up one morning with a grand new vision. The reason is the Texas Department of Transportation (TxDOT) and Governor Rick Perry had a public relations nightmare on their hands.
The nightmare started after the Texas Legislature passed a transportation bill during the last two weeks of the 2003 Legislative Session creating the Trans-Texas Corridor (TTC). When people realized what was in it – 4,000 miles of 1,200 foot-wide, 12-lane toll roads – they became enraged.
Two Legislative Sessions went by in 2005 and 2007, and nothing of consequence changed. Governor Perry, his transportation department, and their 50-year Spanish partner still had their master plan in place and were moving at warp speed.
There appeared to be nothing that could slow, let alone stop, this high-powered, elite project.
But, then amazingly, the press reported that Amadeo Saenz, the executive director of TxDOT, announced the TTC was “dead.” No, that’s no accurate. What Amadeo Saenz said was: “The Trans-Texas Corridor, as a single project concept, is not the choice of Texans. So we’ve decided to put the name to rest.”
That’s what’s known as the Texas two-step. All TxDOT did was change the name because the TTC had become such a political liability. But listen to the rest of what Mr. Saenz said.
“As of today (January 6, 2009), we are unveiling a new corridor program that makes use of all the innovative project development tools we have. This new plan, called Innovative Connectivity in Texas/Vision 2009 (now that’s real catchy) will usher in this new method of operation. Projects that had been developed under the heading of the Trans-Texas Corridor will now become a series of individual projects. To be clear: the Trans-Texas Corridor as it was known will no longer exist.”
Clearly, Amadeo was under a lot of stress and strain. The Texas Legislature was going into session exactly one week after this grandiose announcement and a few legislative members were calling for the elimination of his position. Clearly, TxDOT and the TTC were going to be the center of attention and without the ousted Speaker Craddick at the helm in the House, Governor Perry had to do something to head off the angry mob that was about to lynch his pet project.
It was a shrewd political maneuver that not only more than likely saved TxDOT’s and Saenz’ collective necks, but gave cover to every politician from the Governor on down to say the “TTC is dead.”
The announcement did exactly what the Governor wanted – it minimized public criticism, relieved immediate pressure to do something politically, and gave those who don’t want anything to change the opportunity to get through 140 days with no real deal busters so they can continue their scheme immediately upon the Legislature leaving Austin.
TTC Cash Cow
There’s another reason why the TTC isn’t dead. Over the past two Legislative Sessions, 67 lobbyists have been paid more than $6 million to make sure the TTC remained intact. Then, there are the dozens of corporate contributors making campaign contributions to all those legislators on the transportation take including Lt. Governor David Dewhurst at $466,850, Governor Rick Perry raking in $354,450, and that back-stabbing Senate Transportation Committee Chairman John Carona stuffing his pockets with $41,000 – just to name a few. (Click Here to View TTC Recipients Charts )
Since the TTC statute was passed, TxDOT, according to their own Web site, has spent an impressive $131 million, including $30.7 million in the fiscal year that ended August 31, 2008, just on engineering and environmental studies. The total includes $59.4 million for the I-35 corridor, $67.9 million for the I-69 corridor, with a few more million on other toll roads and loops around major metropolitan areas that will complete the TTC from one end of the state to the other.
TxDOT also received a $25 million payment from Cintra, the Spanish consortium in 2005, to build the 300-mile 130 toll road from east of San Antonio to Oklahoma parallel to I-35. The road isn’t supposed to be part of the TTC, but it’s as close to the preferred route as they have come and already has 90 miles constructed. Cintra will receive toll revenue from the project for the next 50 years. TxDOT is now saying 130 will be expanded to become the TTC 35, but that’s only speculation at this point.
Local People Fight Back
The real nightmare for TxDOT and the reason they had to divert the heat came as a direct response to four small, rural communities that took the advice to form sub-regional planning commissions and demand coordination.
With all the lobbyists, attorneys, engineers, and politicians working diligently to get this corrupt project off the ground, they failed to notice one obscure, but powerful state law. A law that has forced TxDoT, Texas Parks and Wildlife, and the Texas Commission on Environmental Quality to the table of local people to coordinate their plans and policies.
We discovered Chapter 391 of the Texas Local Government Code that allows cities and/or counties to form regional planning commissions for just about any purpose, including transportation. The most important and brilliant section of that statute happened to be added by State Representative Rob Junell (D-San Angelo) in 2001. It reads:
“In carrying out their planning and program development responsibilities, state agencies shall, to the greatest extent feasible, coordinate planning with commissions to ensure effective and orderly implementation of state programs at the regional level.” §391.009 (c), Texas Local Government Code.
None of the politicians and lobbyists knew we had found the language that gave local government the power to force the almighty Texas Department of Transportation to the table and begin coordination proceedings. We knew prior to the beginning of the 2007 Session, but we told no one.
First 391 Commission Formed
After the Session ended in May of 2007, we met Ralph and Marcia Snyder, who had been fighting the TTC for years, but were frustrated because nothing was working to stop the toll road. We explained the 391 statute to Ralph and off he went to sell the idea to his local city and school leaders.
Within a few weeks, the cities of Bartlett, Holland, Little River-Academy, Rogers, and their school districts formed the first of nine sub-regional planning commissions. It was called the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC). TxDOT was immediately notified and by October of 2007, they held their first coordination meeting with the state transportation department. It was the first time in five years TxDOT was not in charge of a meeting dealing with the Trans-Texas Corridor.
The ECTSRPC has not only met with TxDOT, but Texas Parks and Wildlife, the Environmental Protection Agency, Region 6, the Texas Commission on Environmental Quality, the Natural Resources Conservation Service, and have a third meeting scheduled with TxDOT in February.
Overall, the ECTSRPC has pointed out specific violations of the National Environmental Policy Act with a 26-page indictment of everything they have failed to do through their Environmental Impact Study. That document has also been sent to the Federal Highway Administration requesting a supplemental Environmental Impact Study be done. The local group instigated a federal study through NRCS that should have been done by TxDOT, but never was, showing how construction of the massive toll road will destroy critical prime farmland known as the Blackland Prairie. And, they have set the precedent for other 391 commissions to demand state and federal agencies coordinate this transportation project before any concrete gets poured.
Other 391’s Formed
The second 391 commission to form on the I-35 Corridor was the South Central Texas Sub-Regional Planning Commission southeast of San Antonio, Texas. The city of St. Hedwig and Wilson County formed the planning commission in the summer of 2008. Since then, they have added Marion City, Guadalupe County, and the East Central Independent School District. They are looking to add one more city and two more school districts to their commission.
Kathy Palmer, president of the commission stated: “We decided to meet with our neighbors and form a commission when we realized state officials were planning a Trans-Texas Corridor route that bisected our city — and nobody at the state level had contacted anyone at St. Hedwig to discuss it.”
Since forming, Palmer says coordination works. The SCTSRPC met with TxDOT in which the state engineer for the TTC project admitted the local group was better organized and “further along” in their planning stage than ever realized. Their meeting with TxDOT is the first time they’ve been able to express any meaningful issues with the state agency. “We in the St. Hedwig, Wilson County area and our neighbors will no longer be ignored when it comes to federal and state agencies making changes in our area without them first having a true understanding of what those changes mean to our citizens,” stated Palmer.
TxDOT has agreed to a second meeting in February. TxDOT has also agreed to use the 391 commission for “local” input and not go through the state-created advisory committees. “That is a major concession we were able to get from the state because we used coordination,” stated Palmer.
I-69 Corridor
TXDOT has a second high priority TTC corridor that runs along the eastern side of the state, bypassing Houston and connecting to Louisiana and Oklahoma. When the I-69/TTC was initially planned, it was to be a new Interstate that connected through several states ending in Indiana. TXDOT converted the project into a TTC superhighway, changing what was once a needed highway into a Texas sized controversy. The people didn’t want it, and turned out by the thousands to the public meetings to protest.
While the agency was finishing up their public hearing process on the Draft EIS for the corridor, four sub regional planning commissions were also forming along the route. The first two that organized, the Trinity Neches Texas Sub-Regional (TNTSRPC) and the Piney Woods Sub-Regional (PWSRPC) immediately noticed TXDOT that they would be required to coordinate the project with them. Both Commissions were in the path of the preferred new corridor alternative being pushed by TXDOT.
TXDOT made its first major slight of hand and publicly announced they would no longer be considering the new corridor as their preferred route. They then used this public stunt as a reason to tell the new Commissions that meeting with them was unnecessary, because they were no longer in danger.
The Commissions disagreed, and while TXDOT was arguing the need to meet with TNT, EPA Region 6 didn’t hesitate to hear from the local communities. TNT prepared a workbook for the agency with statements and detailed accounts from their school districts, sheriffs, water districts and other entities as to the human impact that would occur in the area which TXDOT had failed to study as required under the federal law.
When TXDOT finally agreed to meet with TNT, they brought with them a representative from the Federal Highway Administration. The Chairman of the Commission, Bob Dockens, asked the FHA rep if would provide a letter to the TNT which backed up his statement that the new corridor alternative was off the table. The rep said that he couldn’t make that guarantee from the FHA.
Connie Fogle, who spearheaded the effort to form TNT and the PW, says the TNT Commission has no plans to go away. In fact, they have now held their second meeting with TXDOT and are preparing for more.
The Piney Woods Commission took it a step further. In their first meeting with TXDOT, Doug Booher who is in charge of the environmental study, committed to President Hank Gilbert that the Commission would see the final EIS before it was sent to the FHA for approval – a clear signal that TXDOT understands its coordination duty to the local commissions.
TxDOT Responds
Immediately after the first 391 commission formed, TxDOT was on the defensive. For the first time, local people had a voice. TxDOT began with announcing several changes.
1. Agency Regulations
After being notified by the ECTSRPC that TxDOT had ignored local governments and would now be required to coordinate their plans with them, TxDOT rolled out a new set of Transportation regulations trying to undermine the authority of the 391 commissions.
These new regulations actually contained language that TxDOT would “coordinate with local communities” and gather advice from rural areas. However, the agency reserved the right to ignore their input. Not the case under Chapter 391 of the Texas Code where the agency must coordinate – defined as equal in rank and order, not subservient -- with the local governments. We still had TxDOT in a bind they could not ignore. They are required by state statute to coordinate their plans and policies with every 391 commission.
2. Advisory Committees
Then, in another effort to try and prevent from having to meet with local commissions, TxDOT formed Corridor Advisory Committees and Corridor Segment Committees to get “input from local leaders and various segments of the community.” However, TxDOT appointed the individuals that would serve on these “advisory” committees and had no obligation to listen to or take their advice. This was in direct response to the demands placed upon them by the 391 commissions requiring they coordinate their plans and policies. If need be, TxDOT wanted to be able to explain to a judge that they were “coordinating” with local people through their “ordained” advisory committees.
3. Rural Planning Organizations
TxDOT then came up with yet another scheme to make it appear as though they too had rural planning committees that were “advising” them on rural issues. They decided to use existing state Councils of Governments (COGs) to implement a new strategy called Rural Planning Organizations (RPOs), which would design transportation plans for rural areas outside the metropolitan areas of the state.
Amadeo Saenz said TxDOT had come up with federal dollars to reimburse the COGs to implement these RPOs and would be asking the state Legislature to codify their idea into law during the 2009 Session. Again, these RPOs are TxDOT’s attempt to thwart what the nine sub-regional planning commissions have forced them to do through coordination.
4. The I-69 Corridor “Dead”
Witnessing the effectiveness of the ECTSRPC on I-35 Corridor, local governments in East Texas formed three more 391 commissions for the I-69 Corridor. Once these commissions started forming and demanding coordination, TxDOT released a statement saying they would no longer be building a new corridor for I-69, but would instead use existing roads and highways for the project. This new strategy was designed to quiet the opposition to the new corridor, at least until the elections passed.
While many bought the public relations ploy, the Trinity-Neches Texas SRPC (TNT) and the Piney Woods SRPC weren’t fooled. TNT requested a letter from TxDOT’s Lufkin District Engineer confirming in writing that the new corridor was off the table.
What they received instead was acknowledgement that the new corridor would still be a part of the Final Environmental Impact Study (FEIS). The regulations allow an agency to change their alternative after the study has been finalized, as long as the route was studied in the original FEIS. TxDOT’s slight of hand was exposed and people realized they were just trying to deflect any opposition to their plan.
Later, the FHA representative refused to provide TNT with a letter confirming that the new corridor alternative would not be considered by the FHA.
5. The “TTC is Dead”
Then came the final announcement that the TTC was “dead” as explained above. For one and a half years, four 391 commissions have forced TxDOT into playing defense. Every time a commission has had a coordination meeting with the state, they have gone back to Austin and devised yet another plan to avoid accounting for the true impact of their super-corridor plans. This latest ploy of announcing the TTC is dead proves local people have tremendous power when they are organized and utilize the law in their benefit.
Coordination Times Nine
To date, there are nine 391 Commissions formed in Texas, with at least one Commission on each of the 3 north-south corridors. The Eastern Central Commission has since increased its jurisdiction by adding one more town and their school district placing a 30-mile wide gap in a critical part of the path of the I-35 super-corridor.
Chapter 391 of the Local Government Code requiring state agencies to coordinate with local governments will likely come under attack during the 2009 Legislative Session. Governor Perry cannot tolerate his pet project being derailed. There has been too much money paid to him, other politicians, lobbyists, and the state just to throw in the towel.
People have found a way to fight back. Hopefully, if the law gets changed those commissions that formed will be grandfathered and those areas will be able to continue the fight.
But, had it not been for the bravery of four small, rural towns in Bell County, Texas, with a combined population of less than 6,000 forming the first 391 commission, the condemnation of private property for the corridor would have already begun and pavement would have been poured.
How this fight will ultimately be resolved is unknown, but the Commissions have prepared the necessary groundwork to challenge the project in court and TxDOT has sufficiently ignored enough laws to make even the most hesitant judge skeptical of the state’s agenda.
Stewards of the Range and the American Land Foundation are committed to going the distance with the sub-regional planning commissions. For them, it is a matter of losing their local economies and way of life. For us, it is about losing more of our national sovereignty and private property. For every American it is about further eroding our economy and security.
Thankfully, the unassuming phrase “coordination” was waiting to be used, and once revealed, these local officials didn’t hesitate. The job is far from over, but as Kathy Palmer said: “We’re not going to back down” and TxDOT and our governor know it.
Click Here to View TTC Recipients Charts
Standing Ground is published by: Stewards of the Range, American Land Foundation & Liberty Matters
Executive Editors: Dan and Margaret Byfield
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© 2009 Standing Ground: www.standingground.us
By Dan Byfield
Standing Ground
Despite what anyone may have read in the papers, the Trans-Texas Corridor is not dead. It simply has a new name. “Innovative Connectivity” sounds more like a creative science class on electricity, but it’s our state’s “new” approach to building toll roads in Texas.
There’s a reason for the name change and it’s not because the state of Texas woke up one morning with a grand new vision. The reason is the Texas Department of Transportation (TxDOT) and Governor Rick Perry had a public relations nightmare on their hands.
The nightmare started after the Texas Legislature passed a transportation bill during the last two weeks of the 2003 Legislative Session creating the Trans-Texas Corridor (TTC). When people realized what was in it – 4,000 miles of 1,200 foot-wide, 12-lane toll roads – they became enraged.
Two Legislative Sessions went by in 2005 and 2007, and nothing of consequence changed. Governor Perry, his transportation department, and their 50-year Spanish partner still had their master plan in place and were moving at warp speed.
There appeared to be nothing that could slow, let alone stop, this high-powered, elite project.
But, then amazingly, the press reported that Amadeo Saenz, the executive director of TxDOT, announced the TTC was “dead.” No, that’s no accurate. What Amadeo Saenz said was: “The Trans-Texas Corridor, as a single project concept, is not the choice of Texans. So we’ve decided to put the name to rest.”
That’s what’s known as the Texas two-step. All TxDOT did was change the name because the TTC had become such a political liability. But listen to the rest of what Mr. Saenz said.
“As of today (January 6, 2009), we are unveiling a new corridor program that makes use of all the innovative project development tools we have. This new plan, called Innovative Connectivity in Texas/Vision 2009 (now that’s real catchy) will usher in this new method of operation. Projects that had been developed under the heading of the Trans-Texas Corridor will now become a series of individual projects. To be clear: the Trans-Texas Corridor as it was known will no longer exist.”
Clearly, Amadeo was under a lot of stress and strain. The Texas Legislature was going into session exactly one week after this grandiose announcement and a few legislative members were calling for the elimination of his position. Clearly, TxDOT and the TTC were going to be the center of attention and without the ousted Speaker Craddick at the helm in the House, Governor Perry had to do something to head off the angry mob that was about to lynch his pet project.
It was a shrewd political maneuver that not only more than likely saved TxDOT’s and Saenz’ collective necks, but gave cover to every politician from the Governor on down to say the “TTC is dead.”
The announcement did exactly what the Governor wanted – it minimized public criticism, relieved immediate pressure to do something politically, and gave those who don’t want anything to change the opportunity to get through 140 days with no real deal busters so they can continue their scheme immediately upon the Legislature leaving Austin.
TTC Cash Cow
There’s another reason why the TTC isn’t dead. Over the past two Legislative Sessions, 67 lobbyists have been paid more than $6 million to make sure the TTC remained intact. Then, there are the dozens of corporate contributors making campaign contributions to all those legislators on the transportation take including Lt. Governor David Dewhurst at $466,850, Governor Rick Perry raking in $354,450, and that back-stabbing Senate Transportation Committee Chairman John Carona stuffing his pockets with $41,000 – just to name a few. (Click Here to View TTC Recipients Charts )
Since the TTC statute was passed, TxDOT, according to their own Web site, has spent an impressive $131 million, including $30.7 million in the fiscal year that ended August 31, 2008, just on engineering and environmental studies. The total includes $59.4 million for the I-35 corridor, $67.9 million for the I-69 corridor, with a few more million on other toll roads and loops around major metropolitan areas that will complete the TTC from one end of the state to the other.
TxDOT also received a $25 million payment from Cintra, the Spanish consortium in 2005, to build the 300-mile 130 toll road from east of San Antonio to Oklahoma parallel to I-35. The road isn’t supposed to be part of the TTC, but it’s as close to the preferred route as they have come and already has 90 miles constructed. Cintra will receive toll revenue from the project for the next 50 years. TxDOT is now saying 130 will be expanded to become the TTC 35, but that’s only speculation at this point.
Local People Fight Back
The real nightmare for TxDOT and the reason they had to divert the heat came as a direct response to four small, rural communities that took the advice to form sub-regional planning commissions and demand coordination.
With all the lobbyists, attorneys, engineers, and politicians working diligently to get this corrupt project off the ground, they failed to notice one obscure, but powerful state law. A law that has forced TxDoT, Texas Parks and Wildlife, and the Texas Commission on Environmental Quality to the table of local people to coordinate their plans and policies.
We discovered Chapter 391 of the Texas Local Government Code that allows cities and/or counties to form regional planning commissions for just about any purpose, including transportation. The most important and brilliant section of that statute happened to be added by State Representative Rob Junell (D-San Angelo) in 2001. It reads:
“In carrying out their planning and program development responsibilities, state agencies shall, to the greatest extent feasible, coordinate planning with commissions to ensure effective and orderly implementation of state programs at the regional level.” §391.009 (c), Texas Local Government Code.
None of the politicians and lobbyists knew we had found the language that gave local government the power to force the almighty Texas Department of Transportation to the table and begin coordination proceedings. We knew prior to the beginning of the 2007 Session, but we told no one.
First 391 Commission Formed
After the Session ended in May of 2007, we met Ralph and Marcia Snyder, who had been fighting the TTC for years, but were frustrated because nothing was working to stop the toll road. We explained the 391 statute to Ralph and off he went to sell the idea to his local city and school leaders.
Within a few weeks, the cities of Bartlett, Holland, Little River-Academy, Rogers, and their school districts formed the first of nine sub-regional planning commissions. It was called the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC). TxDOT was immediately notified and by October of 2007, they held their first coordination meeting with the state transportation department. It was the first time in five years TxDOT was not in charge of a meeting dealing with the Trans-Texas Corridor.
The ECTSRPC has not only met with TxDOT, but Texas Parks and Wildlife, the Environmental Protection Agency, Region 6, the Texas Commission on Environmental Quality, the Natural Resources Conservation Service, and have a third meeting scheduled with TxDOT in February.
Overall, the ECTSRPC has pointed out specific violations of the National Environmental Policy Act with a 26-page indictment of everything they have failed to do through their Environmental Impact Study. That document has also been sent to the Federal Highway Administration requesting a supplemental Environmental Impact Study be done. The local group instigated a federal study through NRCS that should have been done by TxDOT, but never was, showing how construction of the massive toll road will destroy critical prime farmland known as the Blackland Prairie. And, they have set the precedent for other 391 commissions to demand state and federal agencies coordinate this transportation project before any concrete gets poured.
Other 391’s Formed
The second 391 commission to form on the I-35 Corridor was the South Central Texas Sub-Regional Planning Commission southeast of San Antonio, Texas. The city of St. Hedwig and Wilson County formed the planning commission in the summer of 2008. Since then, they have added Marion City, Guadalupe County, and the East Central Independent School District. They are looking to add one more city and two more school districts to their commission.
Kathy Palmer, president of the commission stated: “We decided to meet with our neighbors and form a commission when we realized state officials were planning a Trans-Texas Corridor route that bisected our city — and nobody at the state level had contacted anyone at St. Hedwig to discuss it.”
Since forming, Palmer says coordination works. The SCTSRPC met with TxDOT in which the state engineer for the TTC project admitted the local group was better organized and “further along” in their planning stage than ever realized. Their meeting with TxDOT is the first time they’ve been able to express any meaningful issues with the state agency. “We in the St. Hedwig, Wilson County area and our neighbors will no longer be ignored when it comes to federal and state agencies making changes in our area without them first having a true understanding of what those changes mean to our citizens,” stated Palmer.
TxDOT has agreed to a second meeting in February. TxDOT has also agreed to use the 391 commission for “local” input and not go through the state-created advisory committees. “That is a major concession we were able to get from the state because we used coordination,” stated Palmer.
I-69 Corridor
TXDOT has a second high priority TTC corridor that runs along the eastern side of the state, bypassing Houston and connecting to Louisiana and Oklahoma. When the I-69/TTC was initially planned, it was to be a new Interstate that connected through several states ending in Indiana. TXDOT converted the project into a TTC superhighway, changing what was once a needed highway into a Texas sized controversy. The people didn’t want it, and turned out by the thousands to the public meetings to protest.
While the agency was finishing up their public hearing process on the Draft EIS for the corridor, four sub regional planning commissions were also forming along the route. The first two that organized, the Trinity Neches Texas Sub-Regional (TNTSRPC) and the Piney Woods Sub-Regional (PWSRPC) immediately noticed TXDOT that they would be required to coordinate the project with them. Both Commissions were in the path of the preferred new corridor alternative being pushed by TXDOT.
TXDOT made its first major slight of hand and publicly announced they would no longer be considering the new corridor as their preferred route. They then used this public stunt as a reason to tell the new Commissions that meeting with them was unnecessary, because they were no longer in danger.
The Commissions disagreed, and while TXDOT was arguing the need to meet with TNT, EPA Region 6 didn’t hesitate to hear from the local communities. TNT prepared a workbook for the agency with statements and detailed accounts from their school districts, sheriffs, water districts and other entities as to the human impact that would occur in the area which TXDOT had failed to study as required under the federal law.
When TXDOT finally agreed to meet with TNT, they brought with them a representative from the Federal Highway Administration. The Chairman of the Commission, Bob Dockens, asked the FHA rep if would provide a letter to the TNT which backed up his statement that the new corridor alternative was off the table. The rep said that he couldn’t make that guarantee from the FHA.
Connie Fogle, who spearheaded the effort to form TNT and the PW, says the TNT Commission has no plans to go away. In fact, they have now held their second meeting with TXDOT and are preparing for more.
The Piney Woods Commission took it a step further. In their first meeting with TXDOT, Doug Booher who is in charge of the environmental study, committed to President Hank Gilbert that the Commission would see the final EIS before it was sent to the FHA for approval – a clear signal that TXDOT understands its coordination duty to the local commissions.
TxDOT Responds
Immediately after the first 391 commission formed, TxDOT was on the defensive. For the first time, local people had a voice. TxDOT began with announcing several changes.
1. Agency Regulations
After being notified by the ECTSRPC that TxDOT had ignored local governments and would now be required to coordinate their plans with them, TxDOT rolled out a new set of Transportation regulations trying to undermine the authority of the 391 commissions.
These new regulations actually contained language that TxDOT would “coordinate with local communities” and gather advice from rural areas. However, the agency reserved the right to ignore their input. Not the case under Chapter 391 of the Texas Code where the agency must coordinate – defined as equal in rank and order, not subservient -- with the local governments. We still had TxDOT in a bind they could not ignore. They are required by state statute to coordinate their plans and policies with every 391 commission.
2. Advisory Committees
Then, in another effort to try and prevent from having to meet with local commissions, TxDOT formed Corridor Advisory Committees and Corridor Segment Committees to get “input from local leaders and various segments of the community.” However, TxDOT appointed the individuals that would serve on these “advisory” committees and had no obligation to listen to or take their advice. This was in direct response to the demands placed upon them by the 391 commissions requiring they coordinate their plans and policies. If need be, TxDOT wanted to be able to explain to a judge that they were “coordinating” with local people through their “ordained” advisory committees.
3. Rural Planning Organizations
TxDOT then came up with yet another scheme to make it appear as though they too had rural planning committees that were “advising” them on rural issues. They decided to use existing state Councils of Governments (COGs) to implement a new strategy called Rural Planning Organizations (RPOs), which would design transportation plans for rural areas outside the metropolitan areas of the state.
Amadeo Saenz said TxDOT had come up with federal dollars to reimburse the COGs to implement these RPOs and would be asking the state Legislature to codify their idea into law during the 2009 Session. Again, these RPOs are TxDOT’s attempt to thwart what the nine sub-regional planning commissions have forced them to do through coordination.
4. The I-69 Corridor “Dead”
Witnessing the effectiveness of the ECTSRPC on I-35 Corridor, local governments in East Texas formed three more 391 commissions for the I-69 Corridor. Once these commissions started forming and demanding coordination, TxDOT released a statement saying they would no longer be building a new corridor for I-69, but would instead use existing roads and highways for the project. This new strategy was designed to quiet the opposition to the new corridor, at least until the elections passed.
While many bought the public relations ploy, the Trinity-Neches Texas SRPC (TNT) and the Piney Woods SRPC weren’t fooled. TNT requested a letter from TxDOT’s Lufkin District Engineer confirming in writing that the new corridor was off the table.
What they received instead was acknowledgement that the new corridor would still be a part of the Final Environmental Impact Study (FEIS). The regulations allow an agency to change their alternative after the study has been finalized, as long as the route was studied in the original FEIS. TxDOT’s slight of hand was exposed and people realized they were just trying to deflect any opposition to their plan.
Later, the FHA representative refused to provide TNT with a letter confirming that the new corridor alternative would not be considered by the FHA.
5. The “TTC is Dead”
Then came the final announcement that the TTC was “dead” as explained above. For one and a half years, four 391 commissions have forced TxDOT into playing defense. Every time a commission has had a coordination meeting with the state, they have gone back to Austin and devised yet another plan to avoid accounting for the true impact of their super-corridor plans. This latest ploy of announcing the TTC is dead proves local people have tremendous power when they are organized and utilize the law in their benefit.
Coordination Times Nine
To date, there are nine 391 Commissions formed in Texas, with at least one Commission on each of the 3 north-south corridors. The Eastern Central Commission has since increased its jurisdiction by adding one more town and their school district placing a 30-mile wide gap in a critical part of the path of the I-35 super-corridor.
Chapter 391 of the Local Government Code requiring state agencies to coordinate with local governments will likely come under attack during the 2009 Legislative Session. Governor Perry cannot tolerate his pet project being derailed. There has been too much money paid to him, other politicians, lobbyists, and the state just to throw in the towel.
People have found a way to fight back. Hopefully, if the law gets changed those commissions that formed will be grandfathered and those areas will be able to continue the fight.
But, had it not been for the bravery of four small, rural towns in Bell County, Texas, with a combined population of less than 6,000 forming the first 391 commission, the condemnation of private property for the corridor would have already begun and pavement would have been poured.
How this fight will ultimately be resolved is unknown, but the Commissions have prepared the necessary groundwork to challenge the project in court and TxDOT has sufficiently ignored enough laws to make even the most hesitant judge skeptical of the state’s agenda.
Stewards of the Range and the American Land Foundation are committed to going the distance with the sub-regional planning commissions. For them, it is a matter of losing their local economies and way of life. For us, it is about losing more of our national sovereignty and private property. For every American it is about further eroding our economy and security.
Thankfully, the unassuming phrase “coordination” was waiting to be used, and once revealed, these local officials didn’t hesitate. The job is far from over, but as Kathy Palmer said: “We’re not going to back down” and TxDOT and our governor know it.
Click Here to View TTC Recipients Charts
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© 2009 Standing Ground: www.standingground.us
January 30, 2009
TNT Committee meets with TxDOT concerning I-69, TTC issues
The Groveton News
The Trinity-Neches Texas Sub-Regional Planning Commission (TNT) met for the second time with TxDOT last week in Trinity.
TxDOT arrived with a large contingent of representatives. Among them were District Engineer, Dennis Cooley out of Lufkin and two other engineers, Doug Booher, an Environmental Specialist with TxDOT, brought two consultants from PBSJ and Joe Krejci with the U.S. Department of Transportation Federal Highway Administration, Texas Division.
TNT also had full representation: the Mayors of Trinity, Corrigan, and Groveton, representatives from the Commission’s Water Suppliers, School Boards, Cattle Ranchers, Members-At-Large and concerned citizens.
TNT gave Mr. Cooley and Mr. Booher a letter formally requesting that TxDOT rescind the I-69 Trans-Texas Corridor Draft Environmental Impact Study and that TxDOT start the entire process over including a study of the existing facilities alternative.
Connie Fogle said that TNT’s legal council, Fred Kelly Grant, Attorney and President of Stewards of the Range, prepared a Legal Analysis that was given to TxDOT, which stated:
“The Administration Must Resolve Objections as to Consistency Raised by the Sub-regional Planning Commission Prior to Issuing a Final EIS for Public Review and Comment”.
Fogle said, “If, in fact the TTC is dead, why waste more time and money sending a document to the Federal Highway Administration for approval of a project they do not intend to build?”
Three TNT Members-At–Large presented information to TxDOT: Dee Dee King gave a presentation on what the I-69 TTC will do to some of our Historical Cemeteries and Archeological Sites, Bill Fogle discussed the noise factor, which will make it un-inhabitable to live within one mile of the Corridor and Craig Whealy discussed numerous environmental issues.
Also on the agenda TNT approved forming a Transportation Planning Committee to study the mobility needs of the three cities that make up the Commission. Each city will have a separate Public Forum in February to gather input.
Fogle feels that TNT is very fortunate to have the guidance of The American Land Foundation and Stewards of the Range helping their Commission through the Coordination process.
© 2009 East Texas News News: www.easttexasnews.com
The Groveton News
The Trinity-Neches Texas Sub-Regional Planning Commission (TNT) met for the second time with TxDOT last week in Trinity.
TxDOT arrived with a large contingent of representatives. Among them were District Engineer, Dennis Cooley out of Lufkin and two other engineers, Doug Booher, an Environmental Specialist with TxDOT, brought two consultants from PBSJ and Joe Krejci with the U.S. Department of Transportation Federal Highway Administration, Texas Division.
TNT also had full representation: the Mayors of Trinity, Corrigan, and Groveton, representatives from the Commission’s Water Suppliers, School Boards, Cattle Ranchers, Members-At-Large and concerned citizens.
TNT gave Mr. Cooley and Mr. Booher a letter formally requesting that TxDOT rescind the I-69 Trans-Texas Corridor Draft Environmental Impact Study and that TxDOT start the entire process over including a study of the existing facilities alternative.
Connie Fogle said that TNT’s legal council, Fred Kelly Grant, Attorney and President of Stewards of the Range, prepared a Legal Analysis that was given to TxDOT, which stated:
“The Administration Must Resolve Objections as to Consistency Raised by the Sub-regional Planning Commission Prior to Issuing a Final EIS for Public Review and Comment”.
Fogle said, “If, in fact the TTC is dead, why waste more time and money sending a document to the Federal Highway Administration for approval of a project they do not intend to build?”
Three TNT Members-At–Large presented information to TxDOT: Dee Dee King gave a presentation on what the I-69 TTC will do to some of our Historical Cemeteries and Archeological Sites, Bill Fogle discussed the noise factor, which will make it un-inhabitable to live within one mile of the Corridor and Craig Whealy discussed numerous environmental issues.
Also on the agenda TNT approved forming a Transportation Planning Committee to study the mobility needs of the three cities that make up the Commission. Each city will have a separate Public Forum in February to gather input.
Fogle feels that TNT is very fortunate to have the guidance of The American Land Foundation and Stewards of the Range helping their Commission through the Coordination process.
© 2009 East Texas News News: www.easttexasnews.com
January 22, 2009
Rescind I-69 TTC from the FEIS
BEFORE it is sent to the FHWA
Connie Fogle
Trinity-Neches Texas SRPC
Our TNT Commission appreciates Mr. Boohers comments, but, what the Trinity-Neches Texas Sub-Regional Planning Commission is pursuing is for TxDOT to rescind the I-69 TTC altogether from the FEIS, before they send it on to the Federal Highway Administration.
Mr. Booher has stated that TxDOT cannot do what we asked without starting a new study all over again. Which is exactly what we feel needs to be done.
TNT's question for TxDOT is: why waste more tax dollars and time having a study approved, by the EPA and The Federal Highway Administration, for a plan which TxDOT does not really feel they will pursue?"
BEFORE it is sent to the FHWA
Connie Fogle
Trinity-Neches Texas SRPC
Our TNT Commission appreciates Mr. Boohers comments, but, what the Trinity-Neches Texas Sub-Regional Planning Commission is pursuing is for TxDOT to rescind the I-69 TTC altogether from the FEIS, before they send it on to the Federal Highway Administration.
Mr. Booher has stated that TxDOT cannot do what we asked without starting a new study all over again. Which is exactly what we feel needs to be done.
TNT's question for TxDOT is: why waste more tax dollars and time having a study approved, by the EPA and The Federal Highway Administration, for a plan which TxDOT does not really feel they will pursue?"
New Alternative to TTC Announced
By: Coleman Swierc
KTRE-TV
TRINITY, TX - Just weeks ago, the Trans-Texas Corridor plans were dissolved by the Texas Department of Transportation (TxDOT).
Today in Trinity, alternative plans were revealed. "They are going to pursue in writing, with the Federal Highway Commission, the upgrade of 59 to I-69," said Bob Dockens, President of the Trinity-Neches Sub-Regional Planning Commission, "and are going to, according to their statement today, abandon what was called the preferred corridor, the one that ran west of Houston and came through Trinity county."
In essence, the proposed Trans-Texas Corridor, was originally to run as a connector from I-10 west of Houston, through much of Walker, Trinity, and parts of Angelina county, was eliminated.
Now, TxDOT, is proposing the upgrade of U.S. Highway 59, to the new, Interstate 69.
"We are not going to recommend the study area that was in this area," said TxDOT representative Doug Booher, "we are going to recommend to the federal highway administration that the study area for I-69 be U.S. 59."
With the new proposal to upgrade 59, new environmental issues have come up.
Members of the Trinity-Neches Texas Sub-Regional Planning Commission questioned members of TxDOT, on their initial enviromental proposal, claiming crutial historical sites were overlooked.
TxDOT defended thier proposal, stating that the initial tier 1 analysis of the study area, was taken on a very broad range.
"The original study, was at a very high phase, and although it did consider those things, it did not drill down into the very high level of detail we would do if the project would continue into the second phase," said Booher.
They also assured the commission, that pending approval of the 59 upgrade, that TxDOT would consider environmental issues in much greater detail.
Booher reiterated, "If the project were to proceed, we would take into consideration all of the specific individual concerns, such as cemetaries, historic buildings, archealogical resources, wetlands, all manner of things."
Dockens and the committee seemed to agree, "I was very satisfied with the answers that Mr. Booher gave us today."
According to TxDOT, an announcement on the new environmental issues and upgrade possibilites to 59, will be announced in the following months.
© 2008 KTRE-TV: www.ktre.com
By: Coleman Swierc
KTRE-TV
TRINITY, TX - Just weeks ago, the Trans-Texas Corridor plans were dissolved by the Texas Department of Transportation (TxDOT).
Today in Trinity, alternative plans were revealed. "They are going to pursue in writing, with the Federal Highway Commission, the upgrade of 59 to I-69," said Bob Dockens, President of the Trinity-Neches Sub-Regional Planning Commission, "and are going to, according to their statement today, abandon what was called the preferred corridor, the one that ran west of Houston and came through Trinity county."
In essence, the proposed Trans-Texas Corridor, was originally to run as a connector from I-10 west of Houston, through much of Walker, Trinity, and parts of Angelina county, was eliminated.
Now, TxDOT, is proposing the upgrade of U.S. Highway 59, to the new, Interstate 69.
"We are not going to recommend the study area that was in this area," said TxDOT representative Doug Booher, "we are going to recommend to the federal highway administration that the study area for I-69 be U.S. 59."
With the new proposal to upgrade 59, new environmental issues have come up.
Members of the Trinity-Neches Texas Sub-Regional Planning Commission questioned members of TxDOT, on their initial enviromental proposal, claiming crutial historical sites were overlooked.
TxDOT defended thier proposal, stating that the initial tier 1 analysis of the study area, was taken on a very broad range.
"The original study, was at a very high phase, and although it did consider those things, it did not drill down into the very high level of detail we would do if the project would continue into the second phase," said Booher.
They also assured the commission, that pending approval of the 59 upgrade, that TxDOT would consider environmental issues in much greater detail.
Booher reiterated, "If the project were to proceed, we would take into consideration all of the specific individual concerns, such as cemetaries, historic buildings, archealogical resources, wetlands, all manner of things."
Dockens and the committee seemed to agree, "I was very satisfied with the answers that Mr. Booher gave us today."
According to TxDOT, an announcement on the new environmental issues and upgrade possibilites to 59, will be announced in the following months.
© 2008 KTRE-TV: www.ktre.com
January 16, 2009
PWSRPC Hosts Meeting with TxDOT, EPA Feb 5th
Press Release
Piney Woods SRPC
Copyright 2009
The Piney Woods Sub-Regional Planning Commission (PWSRPC) took another step in the process of maintaining local control of future highway construction during a meeting held with TxDOT representatives last week.
The over-flow capacity crowd of public supporters caused the PWSRPC-TxDOT meeting to be moved to a much larger meeting room in the Nacogdoches County Courthouse Annex. This did not miss the attention of the three TxDOT officials, two of which were from the Austin Office, and the panel of consultants TxDOT brought with them, as nearly a hundred local citizens turned out to hear the Planning Commission's President, Hank Gilbert, grill TxDOT as to their plans.
Doug Booher, 'on the scene' Environmental Manager stated, "We're not going to pursue the 4,000 mile network. We are going to continue to pursue two individual projects; one of them would be the I-35 corridor project and the other one would be the I-69 corridor project."
When asked the question from the attending audience about a loop that once was planned to go around the West side of Nacogdoches, Booher stated, "I'm sure those plans would be dusted off and looked at again."
He also stated the name 'Trans Texas Corridor' would be 'phased out' and mentioned several times that tolling and public/private partnerships (by foreign investors) would still be an option in TxDOT's transportation plans.
Hank Gilbert also expressed to PWSRPC members that he is concerned about legislation Governor Perry may try to pass that would eliminate SRPC's, such as the Piney Woods. "We have people watching out for such legislation and if it is introduced, we will need for the citizens of Texas to call their Representatives and let them know that they want to keep their local SRPC's," Gilbert stated.
The strong show of public support for the PWSRPC's meeting with TxDOT validates the desire of the public for input and information.
The NEXT Piney Woods Sub-Regional Planning Commission meeting will be with the Environmental Protection Agency (EPA) Representatives on Thursday, February 5, at 10:00 a.m. in the Nacogdoches County Annex.
This will also be an open meeting and the public is urged to attend. As Board Member Larry Shelton has stated, "You are either at the table or you are on the menu."
© Piney Woods Sub-Regional Planning Commission: www.pineywoodssrpc.blogspot.com
Press Release
Piney Woods SRPC
Copyright 2009
The Piney Woods Sub-Regional Planning Commission (PWSRPC) took another step in the process of maintaining local control of future highway construction during a meeting held with TxDOT representatives last week.
The over-flow capacity crowd of public supporters caused the PWSRPC-TxDOT meeting to be moved to a much larger meeting room in the Nacogdoches County Courthouse Annex. This did not miss the attention of the three TxDOT officials, two of which were from the Austin Office, and the panel of consultants TxDOT brought with them, as nearly a hundred local citizens turned out to hear the Planning Commission's President, Hank Gilbert, grill TxDOT as to their plans.
Doug Booher, 'on the scene' Environmental Manager stated, "We're not going to pursue the 4,000 mile network. We are going to continue to pursue two individual projects; one of them would be the I-35 corridor project and the other one would be the I-69 corridor project."
When asked the question from the attending audience about a loop that once was planned to go around the West side of Nacogdoches, Booher stated, "I'm sure those plans would be dusted off and looked at again."
He also stated the name 'Trans Texas Corridor' would be 'phased out' and mentioned several times that tolling and public/private partnerships (by foreign investors) would still be an option in TxDOT's transportation plans.
Hank Gilbert also expressed to PWSRPC members that he is concerned about legislation Governor Perry may try to pass that would eliminate SRPC's, such as the Piney Woods. "We have people watching out for such legislation and if it is introduced, we will need for the citizens of Texas to call their Representatives and let them know that they want to keep their local SRPC's," Gilbert stated.
The strong show of public support for the PWSRPC's meeting with TxDOT validates the desire of the public for input and information.
The NEXT Piney Woods Sub-Regional Planning Commission meeting will be with the Environmental Protection Agency (EPA) Representatives on Thursday, February 5, at 10:00 a.m. in the Nacogdoches County Annex.
This will also be an open meeting and the public is urged to attend. As Board Member Larry Shelton has stated, "You are either at the table or you are on the menu."
© Piney Woods Sub-Regional Planning Commission: www.pineywoodssrpc.blogspot.com
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