Thursday, May 07, 2009

"TxDOT can no longer be trusted."

Texas House moves to kill state transportation commission

5/7/09

By MICHAEL A. LINDENBERGER
The Dallas Morning News
Copyright 2009

The House voted Thursday to forward to the Senate a bill that would abolish the Texas Transportation Commission and severely chastise the 14,000-employee Department of Transportation.

The House wants to replace the five commissioners who govern the agency with one who is elected statewide every four years. In addition, the state would be divided into as many as 12 regions, each of which would elect its own regional transportation commissioner.

Whether these steps – and many others, contained in scores of amendments considered late into Thursday night – will survive in the Senate is far from clear. Some successful amendments were staunchly opposed by senior leaders in the House, including transportation Chairman Joe Pickett, D-El Paso. Amendments can easily be stripped out of a bill once the legislation reaches the conference committee at the end of the session.

But for one night, anyway, the House was able to make good on threats, made over the past two years, to rein in an agency many lawmakers feel has been unresponsive to them and too enamored with private toll roads.

Rep. Linda Harper-Brown, R-Irving, one of the agency's most vocal critics, laid out her complaint simply: TxDOT, she said, can no longer be trusted. "It's a matter of transparency and trust."

Perhaps the biggest change, should it be included in the Senate version and passed into law, would be the creation of a legislative oversight committee that would for the next four years examine every level of decision-making at the agency. The committee would have the authority to hire a management consultant team to evaluate the department's efficiency and would monitor each of the department's many research projects.

One exception: The six-member committee would not make decisions as to which highway and bridge projects would be funded. That power, and with it control of much of the agency's $8 billion budget, would remain with the agency and its commissioner.

It wasn't immediately clear what the role of the regional commissioners would be. But Pickett, the transportation chairman, has said in the run-up to the vote Thursday that he wants local areas to have a bigger say in what projects are built and when.

Some members argued in favor of keeping the five-member commission, though Pickett and others want to give the House speaker and lieutenant governor more say in at least two of the appointments. Current law gives the governor exclusive power to appoint the commissioners.

"There is a geographic balance around the state," with the existing system, said Rep. Carl Isett, R-Lubbock, author of the bill being debated Thursday night and the chairman of the Sunset Advisory Commission that evaluated the department over much of the past year. "We looked at this carefully, and the problem appears to me to be with the culture inside the agency" – not with the governance of the department.

But even as the House rejected his view, the fight is far from over.

Chris Lippincott, spokesman for the transportation department, said the bill represents only the first step of a long legislative end-game.

"The House gets a first whack at this, and the House is where you are going to hear some of the more extreme proposals," he said. "The Senate will take a whack at it, too, and then send it back to the House. ... There is a lot left to be done."

© 2009 The Dallas Morning News: www.dallasnews.com

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Wednesday, May 06, 2009

"This legislative session will be another failure for anyone who owns a piece of property in Texas.”

Texas Senate Guts Property Rights Legislation

Key Provisions Stripped from Eminent Domain Bill Prior to Passage; Meanwhile, Strong Bills Languish in the House


5/5/09

Austin, TX-- Institute for Justice Texas Chapter issued a warning today to property owners across Texas: despite politicians’ claims to the contrary, Senate Bill 18, which passed through the Texas Senate yesterday, will not end eminent domain abuse in Texas. The Institute litigated the infamous Kelo eminent domain case before the U.S. Supreme Court, and its Austin-based Texas Chapter has led the way to eminent domain reform in the Lone Star State.

“As it stands, SB 18 represents a bait and switch on Texas property owners,” said Matt Miller, executive director of the Institute for Justice Texas Chapter (IJ-TX). “This bill helps protect rural property owners but leaves urban and suburban property owners exposed to private development schemes.” The definition of “public use”—which was the entire focus of the Kelo litigation—was stripped from the bill in committee. All that’s left is a collection of procedural safeguards. Although helpful, those provisions do not address the central problem of Kelo.

Property owners across Texas should be worried about SB 18’s momentum because more meaningful bills are now being stalled by legislative leaders. Property owners from Houston, El Paso and San Antonio, all of whom are today being threatened by eminent domain abuse, rallied at the Capitol in March. They were met with assurances that this session Texas would finally address Kelo once and for all.

“The Governor opened this session saying he wanted a constitutional amendment to address Kelo,” said IJ-TX Staff Attorney Wesley Hottot. “Now, with mere weeks left in the session, time is running out for the legislature and Governor Perry to make good on their promises.”

With SB 18 gutted, Texas property owners must pin their hopes on two bills in the House. The first is a strong constitutional amendment, House Joint Resolution 14, by Frank Corte (R-San Antonio), which offers Texans the strongest protection for their homes and businesses. The second is House Bill 417, by Bill Callegari (R-Katy), a bill that would address the problem of cities using bogus “blight” designations to justify eminent domain for private development. Both bills are out of committee, but have yet be scheduled for a vote.

“Texas property owners should have the opportunity to curb eminent domain abuse through their Bill of Rights, and Rep. Corte’s constitutional amendment does just that,” said Miller. “Combined with HB 417, HJR 14 would give Texans some of the strongest property rights in the nation. Chairman Dennis Bonnen did what he said he would and got those bills out of his House committee. Now it is up to the Calendars Committee, the Senate and Governor Perry to follow through.”

“If SB18 passes but HJR 14 and HB 417 do not pass, this legislative session will be a failure for anyone who owns a piece of property in Texas,” said Hottot. “People need to pay attention right now and demand passage of the real reform measures, otherwise we will once again be denied the protection we were promised. This legislative session is starting to look like a repeat of 2005 and 2007 when genuine property rights protection was promised by Texas political leaders, but never delivered.”

© 2009 Institute for Justice: www.ij.org

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Tuesday, May 05, 2009

Eminent Domain: "SB 18 represents a bait and switch on Texas property owners."

Rain Falls on Eminent Domain Parade

5/5/09

by Reeve Hamilton
The Texas Observer
Copyright 2009

Texas Republicans, who placed a high priority on passing eminent domain reform this session, celebrated yesterday’s passage of Senate Bill 18 by Sen. Craig Estes. The bill limits eminent domain takings for public use only, requires a bona fide offer before condemnation, and requires fair compensation for loss of direct access to any remaining property,as well as other provisions.

Gov. Rick Perry was moved to release a press release yesterday, saying, ““I am pleased the Senate today passed legislation that codifies much needed eminent domain protections for Texas property owners. By clearly defining these essential safeguards, we can shield landowners from abuses of eminent domain for generations to come.”

However, key experts remain unsatisfied and seem to think the essential safeguards haven’t been well defined at all.

Eminent domain has been a major issue since the famous Kelo v. City of New London case, which was decided by the US Supreme Court in 2005. The Institute for Justice litigated that case, and its Austin-based Texas Chapter has been a major force behind eminent domain reform this session.

Executive Director of the Texas chapter Matt Miller issued a statement striking a notably different tone from that of Estes and Perry. ““As it stands, SB 18 represents a bait and switch on Texas property owners,” he says. “This bill helps protect rural property owners but leaves urban and suburban property owners exposed to private development schemes.”

Chief among IJ’s complaints is that the definition of “public use”—the entire focus of the Kelo litigation—was stripped from the bill in committee, and however helpful the remaining collection of procedural safeguards are, the central problem of Kelo remains unaddressed.

Wesley Hottot, a staff attorney for IJ-TX, says, “People need to pay attention right now and demand passage of the real reform measures, otherwise we will once again have been denied the protection we were promised. This legislative session is starting to look like a repeat of 2005 and 2007 when genuine property rights protection was promised by Texas political leaders, but never delivered.”

And thus the eminent domain-inspired conservative love-fest came to an end…for now.

© 2009 Texas Observer: www.texasobserver.org

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Friday, May 01, 2009

Perry on closed door meeting: "We were all lovin' on each other in there."

Perry talks transportation with legislative leaders, including Pickett

5/1/09

Brandi Grissom
El Paso Times
Copyright 2009

As I walked from one side of the chamber to the other today trying to track down an El Paso lawmaker, I recognized Gov. Rick Perry's security detail sitting in the hallway behind the House chamber.

Wondering what warranted Perry's trip across the Capitol, some other reporters and I hung out to see what we could see and hear what we could hear.

When a door opened and Perry emerged, we could see some of the folks in the room: Lt. Gov. Dewhurst, House Speaker Joe Straus, Transportation Commission Chairwoman Deirdre Delisi and House Transportation Committee Chairman state Rep. Joe Pickett.

Clearly, this meeting was about transportation, but Perry wouldn't stop long enough to chat with us (His staff indicated he would not, asking us not to ask the Perry any questions. Sure, that's going to happen.). We lobbed questions at Perry's back as he high-tailed it for the elevator, but his only reply was, "We were all lovin' on each other in there."

Pickett was a little more forthcoming. The meeting, he said, was about a bill by state Sen. John Carona, R-Dallas, that would allow local areas to vote on fees and taxes to generate money for transportation projects in their regions.

Pickett said the group was discussing a plan he developed to allow municipal planning organizations, or MPOs, to decide about those transportation plans instead of individual municipalities and counties.

MPOs were designed to represent transportation needs for an entire region and could better decide on priorities, Pickett said.

The group in the meeting, he said, seemed to be on board with the plan.

"Gov. Perry had very minimal objections to the proposals," Pickett said.

He didn't mention anything about anybody lovin' on anybody.

© 2009 El Paso Tims: www.elpasotimes.typepad.com

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“We need to shut down this loophole because it gives the government a way to avoid eminent domain proceedings.”

House passes Kolkhorst eminent domain protection legislation

5/1/09

The Sealy News
Copyright 2009

Texas representatives have added additional protection to landowners against eminent domain abuse by repealing the “jury of view” process from the transportation code.

The legislation, authored by Rep. Lois Kolkhorst, R-Brenham, repeals the powerful, but rarely used process known as “jury of view”, which local governments can invoke to remove important constitutional protections usually afforded to landowners. The process gives county commissioners the opportunity to appoint five individuals to determine the path of a road and assess any damages incurred by property owners with no appeals process.

“This is a great example of how getting rid of a law will protect our rights and give more power to the property owners,” Kolkhorst said. “We need to shut down this loophole because it gives the government a way to avoid eminent domain proceedings.”

Landowners who oppose the process say that jury of view allows local governments to be the final arbiters of a land condemnation proceeding and denies affected parties a new trial to review or challenge a condemnation decision.

Critics say the process has sometimes been abused, and has been selectively used by local governments hoping to avoid the scrutiny that traditional eminent domain hearings may bring to controversial projects.

“This law denies the public their constitutional due process to landowner protections. It’s time to get rid of it, and I’m glad my fellow lawmakers agreed,” Kolkhorst said.

The bill passed unanimously and had the support of the Texas Farm Bureau.

© 2009 The Sealy News: www.sealynews.com

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"We have to drive a wooden stake into the heart of the Trans-Texas Corridor, just like we would to permanently kill a vampire."

Abolish the plans for the Trans-Texas Corridor

4/30/09

By David McQuade Leibowitz - Guest Commentary
Southside Reporter
San Antonio Express-News
Copyright 2009

State Rep. David McQuade Leibowitz presented legislation that would abolish the Trans-Texas Corridor and prevent the conversion of existing roads to toll roads in the House Transportation Committee on April 21.

“Today is San Jacinto Day, when Texas celebrates their final victory over Mexico in 1836. I hope that today is also the beginning of the end of the Trans-Texas Corridor.

“While state leaders have said the Trans-Texas Corridor is dead, the statue that allows its construction is still on the books. We need to get rid of the language so that the tolling advocates and foreign corporations will not be able to take the property of Texans and turn them into toll roads.”

Leibowitz presented two bills to the committee, House Bill 11 and House Bill 13.

House Bill 11 repeals the authority of Texas Department of Transportation (TxDOT) to contract and build the Trans-Texas Corridor (TTC).

It repeals Chapter 227 of the Transportation Code which establishes the Trans-Texas Corridor. It also repeals sections providing for:
  • Regional Mobility Authorities to work on the TTC
  • An 85-mph speed limit on the TTC
  • A property tax exemption for the TTC
  • Reporting requirements x for the TTC
  • Hydrogen refueling stations on the TTC

“The Trans-Texas Corridor is sucking the very lifeblood out of the heart and soul of our beloved Texas. If we have to drive a wooden stake into the heart of the Trans-Texas Corridor, just like we would to permanently kill a vampire, then that is what we will do.

“House Bill 11 drives a wooden stake into the heart (assuming it has one to begin with) of the Trans-Texas Corridor and kills it permanently.”

House Bill 13 prohibits turning a planned state highway into a toll project unless one of the two following conditions are met:

  • The highway or lane was open to traffic as a turnpike project on or before Sept. 1, 2005.
  • Or, the highway is reconstructed so that the number of non-tolled lanes is greater than or equal to the previously existing number of non-tolled lanes; or the highway or lane was open to traffic as an HOV lane on May 1, 2005.

The goal of this bill is to limit the conversion of freeways into toll roads and I think we will accomplish that.

David McQuade Leibowitz is the state representative for District 117. His district office is located at 9107 Marbach Road, Suite 111.

He can be contacted by phone at his district office by calling 372-0759 or his Austin office at (512) 463-0269.

© 2009 San Antonio Express-News: www.mysanantonio.com

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To view the Trans-Texas Corridor Blog click HERE

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