6/2/09-Despite weeks of rhetoric from lawmakers about the importance of reaching agreement on a major transportation bill, the Legislature wrapped up their regular session Monday, June 2, without a deal on the bill that once included a provision to overhaul the Texas Department of Transportation.
The biggest stumbling block for House Bill 300 turned out to be a provision that called for allowing local option fuel taxes to pay for transportation projects. Sen. John Carona, D-Dallas, said the language was essential to ease traffic congestion in urban areas.
A House-Senate conference committee recently met to work out differences in the bill. The lawmakers opted to remove the effort to permit counties to hold referendums allowing voters to determine if the tax on gas and diesel should increase by as much as 10 cents per gallon.
The aftereffects of the bill’s demise are far reaching on transportation.
Despite calls from the House to give the Texas Transportation Commission an extreme makeover, the status quo won out. House lawmakers sought to replace the governor-appointed five-member board in retaliation for turning a deaf ear to public sentiment about tolls in recent years.
In its place, the House wanted to elect 15 board members.
Even with consensus from both chambers to remove the Trans-Texas Corridor from state law, the controversial pet project of Gov. Rick Perry lives on. At one time the corridor plan called for private contractors to build and operate billions of dollars of toll roads in the state.
Several provisions to curtail private toll roads also won’t take effect. Controls included prohibiting non-compete clauses, limits on how long tolls can be charged, and a requirement that TXDOT submit non-toll options to the Legislature for evaluation. In addition, portions of public highways could be converted into toll roads only as long as the public highway consists of at least the same number of lanes that will not have tolls.
It could be a while before lawmakers get another crack at implementing changes at TxDOT. Short of a special session to address these issues, lawmakers aren’t scheduled to return to Austin until the next regular session convenes in 2011.

5/12/09-The House approved a bill Monday, May 11, that is designed to radically realign the Texas Department of Transportation. It now moves to the Senate.
Among the numerous provisions added to the bill on the House floor include removal of the Trans-Texas Corridor from state law, checks against toll roads, and phasing out red light cameras.
In a blow to Gov. Rick Perry, House lawmakers voted 138-6 to advance the bill that would abolish the Texas Transportation Commission. The action follows a state report that called for more accountability and responsiveness to lawmakers and the public.
All five current commissioners were appointed by Perry. His five highway chiefs have the final say on which roads to build, which companies to hire, and which policies to set for the agency.
The commissioners started the state down the path toward toll roads. By 2007, state lawmakers tried to apply the brakes to those plans but those critical of the DOT point out that the agency was able to fend off the legislative efforts, because of loopholes.
This time around, lawmakers are intent on doing away with the current system of appointing commissioners. The House plan – HB300 – calls for the five commissioners to be replaced with a single statewide commissioner who would be elected by lawmakers. There also would be 14 elected regional commissioners.
An amendment from Rep. David Leibowitz, D-San Antonio, put a tombstone on the Trans-Texas Corridor.
House lawmakers agreed to permanently remove any and all references from state law to the controversial pet project of Gov. Perry. The planned project called for private contractors to build and operate billions of dollars of toll roads in the state.
The House action to give the plan the boot was well received by OOIDA.
“This is a day to cheer,” said OOIDA Executive Vice President Todd Spencer. “Texas truckers played a major role in reaching his point as well as a majority of citizens in Texas.”
However, Spencer was quick to point out that the job is far from complete. The provisions still must remain intact after consideration in the Senate and the governor must sign it.
The changes to Texas transportation rules do not end there. Several provisions were added to curtail toll roads.
New guidelines include prohibiting non-compete clauses, limits on how long tolls can be charged, and a requirement that TXDOT submit non-toll options to the Legislature for evaluation. In addition, portions of public highways could be converted into toll roads only as long as the public highway consists of at least the same number of lanes that will not have tolls.
While new guidelines for toll roads won approval in the House, a separate provision would extend the life of “comprehensive development agreements” for another four years.
Texas law permitting contracts with private operators is set to end this year. The extension would authorize the contracts with private companies to build, operate and profit from toll roads until 2013.
In all, 203 changes to the bill were offered during House floor consideration. Among the more than 100 amendments approved include phasing out the use of red light cameras.
TXDOT would take authority over the enforcement tool from local governments. In addition, the state would not be permitted to extend contracts in communities or approve new contracts.
Another provision would shift from TXDOT to the Texas Department of Motor Vehicles duties that include motor vehicle titling, vehicle registration and oversight of trucking.
For bill status, call 512-463-2182. In Texas, call 877-824-7038.