PLEASE call, e-mail, visit, members of the Texas Senate Transportation Commmittee and House and Senate members and DEMAND that Senate Bill 1267 and identical House Bill 2772 BE MOVED OUT OF COMMITTEE to be debated and voted on by the full Senate and House members.
Senator John Corona, Chair of the Senate Committee on Transportation and Homeland Security has been quoted in the Austin American Stateman as saying that he will not move the bill out of his committee. I phoned his office this morning asking for clarification on that matter and they have not gotten back to me. A staffer for another Senator told me that he had been told that Coronoa does not intend to move the bill out of committee.
A staffer with Senator Chris Harris's office says that Harris has not signed onto the bill because he is trying to work out a compromise bill.
It is imperative that this bill be debated and voted on by the full House and Senate. To have the Chairs of the Transportation committees stall it in committee is NOT ACCEPTABLE.
Very invested special interest have descended on Austin applying pressure to Legislators and Senators who have signed on in support of the moratorium. There were 105 Legislators out of 150 signed on and 25 out of 31 Senators. HOWEVER IF CITIZENS DO NOT KEEP THE FIRE TURNED UP, that support will rapidly erode away. Elected officials from large urban aress (Tarrant county especially) and representatives of RTCs have descended on Austin like a swarm of loctus. These are the folks who came up with the "Generate as much surplus toll revenue as possible so that substantial upfront payments can go to the RTC toll schemes."
IT IS IMPERATIVE TO POINT OUT TO Legislators and Senators that the elected officials who are pressuring them to not support the moratorium are functioning as SPECIAL INTEREST rather than representatives of the people. Texas state highway funding must go through the state appropriation process. The pork must not be transferred to appointed committees on the regional level who appointed by two-bit local politicians.
Here are some talking points:
The old toll model was to: build the best road you could as economically as you could and operate it as safely and economically as possible keeping the tolls as low as possible and retire the debt as quickly as possible (ex. DFW toll pike –I-30)/
The SH121 and TTC model is to charge as high a toll as the "market will allow" to generate as much "excess toll revenue as possible" so that substantial amounts can be paid up front in cash payments to the Regional Transportation Committees (RTC of the COG) and as profit for the private operators of the toll project. These RTC’s are comprised on NON-ELECTED appointees by local city councils, county commissions and county judges. This model transfers barrels of pork in the form of "up front payments from excess toll revenue" to RTCs who are appointees for local "two-bit politicians." State Highway funds should be appropriated by the STATE LEGISLATURE and overseen through transparent procedures for the benefit of all the citizens of Texas.
Moving the pork to RTCs will create greater inequity in road construction. Texas needs to assess THE MOST CRITICAL TRANSPORTATION NEEDS OF THE STATE and build those projects first. This model will not enable that to occur.
Generating "surplus toll revenue and profit" will fuel inflation and hurt all businesses and citizens of Texas. Toll fees will be passed along 100% to the consumers in the form of shipping costs and as such 100% of those fees will fuel inflation.
PLEASE URGE THEM TO PASS HB 2772 and SB 1267 Leg Session 80(R)Relating to a moratorium on the inclusion of certain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee
They were referred to the Transportation Committee on March 14, 2007.
Here is the text of the House Bill:
80R9478 JD-D
By: Kolkhorst H.B. No. 2772
A BILL TO BE ENTITLED
AN ACT
relating to a moratorium on the inclusion of certain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 223, Transportation Code, is amended by adding Section 223.210 to read as follows:
Sec. 223.210. MORATORIUM ON CERTAIN TERMS IN COMPREHENSIVE DEVELOPMENT AGREEMENTS OR SALE OF TOLL PROJECTS. (a) In this section:
(1) "Toll project" means a toll project described by Section 201.001(b), regardless of whether the toll project:
(A) is a part of the state highway system; or
(B) is subject to the jurisdiction of the department.
(2) "Toll project entity" means a public entity authorized by law to acquire, design, construct, finance, operate, or maintain a toll project, including:
(A) the department;
(B) a regional tollway authority;
(C) a regional mobility authority; or
(D) a county.
(b) A comprehensive development agreement entered into with a private participant by a toll project entity on or after the effective date of this subsection for the acquisition, design, construction, financing, operation, or maintenance of a toll project may not contain a provision permitting the private participant to operate and collect revenue from the toll project.
(c) On or after the effective date of this subsection, a toll project entity may not sell or enter into a contract to sell a toll project of the entity to a private entity.
(d) A legislative study committee is created. The committee is composed of nine members, appointed as follows:
(1) three members appointed by the lieutenant governor;
(2) three members appointed by the speaker of the house of representatives; and
(3) three members appointed by the governor.
(e) The legislative study committee shall select a presiding officer from among its members and conduct public hearings and study the public policy implications of including in a comprehensive development agreement entered into by a toll project entity with a private participant in connection with a toll project a provision that permits the private participant to operate and collect revenue from the toll project. In addition, the committee shall examine the public policy implications of selling an existing and operating toll project to a private entity.
(f) Not later than December 1, 2008, the legislative study committee shall:
(1) prepare a written report summarizing:
(A) any hearings conducted by the committee;
(B) any legislation proposed by the committee;
(C) the committee's recommendations for safeguards and protections of the public's interest when a contract for the sale of a toll project to a private entity is entered into; and
(D) any other findings or recommendations of the committee; and
(2) deliver a copy of the report to the governor, the lieutenant governor, and the speaker of the house of representatives.
(g) On December 31, 2008, the legislative study committee created under this section is abolished.
(h) This section expires September 1, 2009.
SECTION 2. 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, 2007.
Those who support the bill:
Primary Author Date Filed
Kolkhorst 03/06/2007
Joint Authors Date Signed On
Chisum 03/06/2007
Woolley 03/06/2007
Harper-Brown 03/06/2007
Coleman 03/08/2007
Coauthors (100) Date Signed On
Allen, Alma 03/07/2007
Anderson 03/07/2007
Aycock 03/07/2007
Bailey 03/07/2007
Berman 03/13/2007
Bohac 03/07/2007
Bolton 03/07/2007
Bonnen 03/07/2007
Brown, Betty 03/14/2007
Brown, Fred 03/13/2007
Burnam 03/07/2007
Callegari 03/13/2007
Castro 03/09/2007
Christian 03/13/2007
Cohen 03/13/2007
Cook, Byron 03/07/2007
Cook, Robby 03/07/2007
Crabb 03/15/2007
Creighton 03/08/2007
Crownover 03/06/2007
Darby 03/13/2007
Davis, John 03/07/2007
Delisi 03/07/2007
Dukes 03/13/2007
Dunnam 03/14/2007
Eiland 03/15/2007
Eissler 03/12/2007
Elkins 03/12/2007
Escobar 03/12/2007
Farabee 03/14/2007
Farias 03/08/2007
Farrar 03/14/2007
Flynn 03/12/2007
Frost 03/07/2007
Gallego 03/12/2007
Gattis 03/06/2007
Gonzales 03/13/2007
Gonzalez Toureilles 03/07/2007
Goolsby 03/13/2007
Guillen 03/06/2007
Haggerty 03/13/2007
Hamilton 03/07/2007
Hardcastle 03/07/2007
Harless 03/07/2007
Heflin 03/14/2007
Hernandez 03/15/2007
Herrero 03/19/2007
Hilderbran 03/13/2007
Homer 03/07/2007
Hopson 03/06/2007
Howard, Charlie 03/13/2007
Howard, Donna 03/07/2007
Hughes 03/07/2007
Keffer, Jim 03/14/2007
King, Phil 03/13/2007
King, Susan 03/13/2007
King, Tracy 03/07/2007
Latham 03/07/2007
Laubenberg 03/07/2007
Leibowitz 03/07/2007
Lucio III 03/07/2007
Macias 03/07/2007
Madden 03/20/2007
Mallory Caraway 03/07/2007
Martinez Fischer 03/16/2007
McCall 03/13/2007
McReynolds 03/06/2007
Menendez 03/20/2007
Miles 03/13/2007
Miller 03/07/2007
Moreno, Paul 03/19/2007
Morrison 03/15/2007
Murphy 03/07/2007
Naishtat 03/12/2007
Noriega, Rick 03/13/2007
O'Day 03/07/2007
Ortiz, Jr. 03/20/2007
Otto 03/06/2007
Patrick 03/07/2007
Pickett 03/07/2007
Pierson 03/07/2007
Pitts 03/07/2007
Raymond 03/20/2007
Riddle 03/06/2007
Ritter 03/07/2007
Rodriguez 03/07/2007
Smith, Wayne 03/08/2007
Strama 03/14/2007
Straus 03/08/2007
Swinford 03/13/2007
Taylor 03/07/2007
Thompson 03/15/2007
Turner 03/07/2007
Van Arsdale 03/09/2007
Vaught 03/14/2007
Veasey 03/07/2007
Vo 03/13/2007
West, George "Buddy" 03/07/2007
Zedler 03/07/2007
Zerwas 03/06/2007
----------------------
105 of the 150 members of the House support the bill. Please contact them and thank them for their support and urge them to stand firm and demand that the bill be moved from committee to be debated and voted on by the full body.
BELOW are the 45 members who have not signed on to support the bill.
Please contact the following members and ask them to support HB 2772:
Members of the House who do not support HB 2772 are:
Alonzo
Achia
Branch
Chavez
Corte
Craddick
Davis (Yvonne),
Deshotel
Driver
England
Flores
Garcia
Geren
Giddings
Hancock
Hartlett
Hill
Hockberg
Hodge
Islett
Jackson
Jones
Krusee
Kuempel
McClendon
Martinez (Mando)
Merritt
Mowery
Oliveira
Olivo
Orr
Parker
Paxton
Pena
Phillips
Puenta
Quintanilla
Rose
Smith (Todd)
Smithee
Solomons
Talten
Truitt
Villarreal
In the Senate these are the people who are supporting the Senate Bill 1267 (identical to HB 2772):
Primary Authors Date Filed
Nichols 03/06/2007
Averitt 03/06/2007
Carona 03/06/2007
Ellis 03/06/2007
Eltife 03/06/2007
Estes 03/06/2007
Fraser 03/06/2007
Hegar 03/06/2007
Hinojosa 03/06/2007
Jackson, Mike 03/06/2007
Janek 03/06/2007
Lucio 03/06/2007
Nelson 03/06/2007
Ogden 03/06/2007
Patrick, Dan 03/06/2007
Seliger 03/06/2007
Shapiro 03/06/2007
Uresti 03/06/2007
Van de Putte 03/06/2007
Watson 03/06/2007
Wentworth 03/06/2007
West, Royce 03/06/2007
Whitmire 03/06/2007
Williams 03/06/2007
Zaffirini 03/06/2007
25 out of 31 Senators support the bill. Please contact them and THANK THEM for their support and urge them to stand firm against pressure to change their position.
Below are the six senators who have not signed on to support the bill:
Please contact the following six Senators and ask them to support SB. 1267:
The Six Senators who DO NOT SUPPORT THE moratorium are:
- Bob Duell Counties Represented:
Delta, Fannin, Hopkins, Hunt, Kaufman, Rains, Rockwall, Van Zandt, and parts of Dallas and Smith.
The Honorable Bob Deuell
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0102
(512) 463-7202 fax
18601 LBJ Freeway, Suite 400
Mesquite, Texas 75150
(972) 279-1800
fax (972) 279-1065
2500 Stonewall St.
Greenville, Texas 75401
(903) 450-9797
Fax (903) 450-9796
- Mario Gallegos, Jr.
The Honorable Mario Gallegos
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0106
fax: (512) 463-0346
- Chris Harris Counties Represented: parts of Dallas, Denton and Tarrant.
The Honorable Chris Harris
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0109
(512) 463-7003 fax
2001 E. Lamar Blvd., Ste.150
Arlington, Texas 76006
(817) 461-9109
1-866-724-0109 (toll free)
(817) 469-9652 (fax)
522 South Edmonds Lane, Suite 200
Lewisville, Texas 75067
Tel: (972) 436-1001
Fax: (972) 436-9829
- Ken Brimer Counties Represented: parts of Tarrant.
The Honorable Kim Brimer
P.O. Box 12068, Room E1.810
Capitol Station
Austin, Texas 78711
(512) 463-0110
Fax: (512) 475-3745
1600 W. 7th St., Suite 650
Ft. Worth, Texas 76102
(817) 332-8269
Fax: (817) 332-8761
- Robert Duncan
Counties Represented:
Armstrong, Borden, Briscoe, Carson, Castro,Childress, Coke, Collingsworth, Concho, Cottle, Crosby, Dawson, Dickens, Donley, Fisher, Floyd, Foard, Garza, Gray, Hale, Hall, Hardeman, Haskell, Hockley, Irion, Jones, Kent, King, Knox, Lamb, Lubbock, Lynn, Mitchell, Motley, Nolan, Reagan, Runnels, Schleicher, Scurry, Sterling, Stonewall, Swisher, Terry, Tom Green, Upton and Wheeler.
The Honorable Robert Duncan
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0128
Toll Free (800) 322-9538
- Eliot Shapleigh Counties Represented: parts of El Paso.
The Honorable Eliot Shapleigh
P.O. Box 12068
Capitol Station
Austin, Texas 78711
(512) 463-0129
Here is the bill analysis and Fiscal Notes on the bill:
BILL ANALYSIS
Senate Research Center S.B. 1267
80R9478 JD-D By: Nichols et al.
Transportation & Homeland Security
3/19/2007
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, the Texas Department of Transportation and other mobility authorities are authorized to enter into a comprehensive development agreement (CDA) with a private entity, and to allow that private entity to construct and operate a toll project. However, the public policy implications of the private entity's involvement in a toll project are not fully known. A study into these implications may be prudent before allowing more private toll projects.
As proposed, S.B. 1267 provides a 24-month moratorium on private entity toll projects and creates a legislative study committee to analyze potential outcomes of these projects during the moratorium.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter E, Chapter 223, Transportation Code, by adding Section 223.210, as follows:
Sec. 223.210. MORATORIUM ON CERTAIN TERMS IN COMPREHENSIVE DEVELOPMENT AGREEMENTS OR SALE OF TOLL PROJECTS. (a) Defines "toll project" and "toll project entity."
(b) Prohibits a comprehensive development agreement (CDA), entered into with a private participant by a toll project entity on or after the effective date of this subsection for certain activities related to a toll project, from containing a provision permitting the private participant to operate and collect revenue from the toll project.
(c) Prohibits a toll project entity from selling or entering into a contract to sell the entity's toll project to a private entity on or after the effective date of this subsection.
(d) Creates a legislative study committee (committee). Sets forth the committee membership as appointed by certain government officials.
(e) Requires the committee to select a presiding officer from among its members, conduct public hearings, and study the public policy implications of including a provision that permits the private participant in connection with a toll project to operate and collect revenue from that project in CDA entered into by a toll project entity with the private participant.
(f) Requires the committee to prepare a written report summarizing conducted hearings, proposed legislation, recommendations relating to the sale of a toll project to a private entity in protection of the public's interest, and any other findings or recommendations of the committee, not later than December 1, 2008. Requires the committee to deliver a copy of this report to certain government officials.
(g) Provides that the committee is abolished on December 31, 2008.
(h) Provides that this section expires September 1, 2009.
SECTION 2. Effective date: upon passage or September 1, 2007.
FISCAL NOTE ATTACHED TO S.B. 1267
Local Government Impact
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 80TH LEGISLATIVE REGULAR SESSION
March 20, 2007
TO: Honorable John Carona, Chair, Senate Committee on Transportation & Homeland Security
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: SB1267 by Nichols (Relating to a moratorium on the inclusion of certain provisions in a comprehensive development agreement or the sale of a toll project and to the creation and duties of a study committee.), As Introduced The fiscal implications to the State cannot be determined.
The bill would amend the Transportation Code to impose a two-year moratorium on certain provisions in contracts between a private entity and a toll project entity, including the Texas Department of Transportation (TxDOT), a regional tollway authority, a regional mobility authority, or a county. The bill would specify that a toll project entity could not enter into a comprehensive development agreement (CDA) containing a provision permitting a private participant to operate and collect revenue from a toll project or enter into a contract to sell a toll project to a private entity. The bill
would create a legislative study committee to study the public policy implications of such agreements with private participants and submit a written report of the committee's findings to the Governor, Lieutenant Governor, and the Speaker of the House of Representatives. The committee would be abolished on December 31, 2008. The provisions of the bill would expire on September 1, 2009
TxDOT indicates that the bill would delay the development and procurement of several proposed CDA projects totaling $7.97 billion and delay the receipt of any associated concession fees to the state until fiscal year 2010 or later. Based on the information provided by TxDOT, it is assumed any fiscal implications to the state would depend on the number of potential CDA projects and concession agreements that could be implemented under current law but would be delayed or prohibited as a result of the enactment of the bill and, therefore, cannot be determined.
The bill would take effect immediately upon receiving a vote of two-thirds of all members elected to each house or otherwise on September 1, 2007.
A regional tollway authority, regional mobility authority, or a county that implements the provisions of the bill may have additional costs to construct a toll project if the ability to contract with private participants is restricted. However, these costs would depend on the size of the constructing entity and the size and type of the projects that are constructed.
Source Agencies: 601 Department of Transportation
LBB Staff: JOB, KJG, MW, TG