Click here for a copy of the supporting documents obtained from the Texas State Library and Archives

TYLER—When given the opportunity to comment by the Texas Department of Transportation on a major transportation strategic plan that was heavily slanted toward toll roads, then-Senator Todd Staples passed up the opportunity to say anything about them or how strongly they were emphasized in the plan.

The new revelation, found in documents from the Texas State Library and Archives, calls into question Staples’ newfound distaste for toll roads and his disingenuous work as a supposed champion for eminent domain reform.

“The words ‘toll,’ ‘toll road,’ or some variation thereof, are mentioned more than half a dozen times in a three page strategic plan proposal. I can’t believe that escaped his notice,” said Hank Gilbert, the Texas Democratic Party’s nominee for Texas Agriculture Commissioner. “In his response, he had absolutely nothing to say about toll roads or the eminent domain land grab that was the Trans-Texas Corridor,” Gilbert continued.

The Texas Mobility Fund Proposed Strategic Plan on which Staples’ comment was requested by TxDOT in the summer of 2004 included as a guiding principal that “toll roads are the fastest way to accelerate needed projects and stretch limited transportation dollars,” and “when feasible, every effort will be made to leverage the fund with toll projects.”

“Once again, we scratch the surface and expose the truth about Todd Staples’ record. He claims now to be a champion of eminent domain protection, yet as a State Senator, he couldn’t be bothered to comment at all on the fact that a major transportation plan was going to make as its number one priority toll roads—including Trans-Texas Corridor toll road projects which would have eaten up hundreds of thousands of acres of Texas farmland and condemned it using eminent domain,” Gilbert said.

“The most shocking omission is any protection for the taxpayers of this state who stand to lose tens of billions on these projects. This is what Staples missed, as I and many others realized early on. This is an inexcusable lapse in judgment that, unfortunately, is not an isolated event. Even today, rather than address issues, he spends his time slinging mud and lies at me. Voters won’t be fooled by Toll Road Todd this time around,” Gilbert continued.

Lies About Record Of Protecting Property Owners

TYLER-Texas Agriculture Commissioner Todd Staples last week dodged and weaved his way around questions about his role in helping establish the Trans-Texas Corridor, the disastrously unpopular tollway project originally slated to include more than 8,000 miles of quarter-mile wide tollways and take hundreds of thousands of acres of Texas farm and ranchland from its owners through eminent domain.

Staples made the comments last Thursday during an interview on “East Texas Live,” the morning show on Tyler NBC affiliate KETK-TV.

When asked about comments made during the primary by Democratic contenders in the Agriculture Commission race about Staple’s role in creating the Trans-Texas Corridor, Staples dodged the question:

QUESTION: [By Interviewer] We want to get to some comments that Kinky Friedman made on this show about the Trans-Texas Corridor and your role in that, can you tell us a little bit about it?

ANSWER: [By Staples] You know Kinky is funny, but he has a little issue telling the truth on that matter…The facts are these though: I have a very strong record protecting the rights of both home and land owners. I’ve been supported by the Texas Farm Bureau, Texas and Southwestern Cattle Raisers Association….and Texas Realtors because of the number of years I’ve worked on behalf of land and property owners.

Later in the interview, Staples also noted that, “I have worked on legislation to protect landowners and look forward to continuing that work.”

The reality, however, is very different from Staples’ claims.

“Todd Staples is dodging the issues. He doesn’t want to talk about the Trans-Texas Corridor because his voting record speaks for itself. He voted for HB 3588, the bill that created the underlying legal framework for the TTC and privatized toll roads. He also authored legislation to allow TxDOT to leverage even more money for the development of toll roads, irresponsibly allowing TxDOT to create enough debt to sink every taxpayer in this state,” said Hank Gilbert (D-Whitehouse), the Texas Democratic Party’s nominee for Texas Agriculture Commissioner.

Gilbert also said that Staples’ self-proclaimed record of “working on legislation to protect landowners,” is non-existent.

“Where is his record of working on legislation to protect landowners? If he was so adamant about protecting land and property owners, why-during his three terms in the Texas House and one term in the Texas Senate-did he not author and pass a single bill relating to property owner’s rights or to help protect property owners from eminent domain,” Gilbert inquired.

In addition, Gilbert said Staples’ effusive praise of the recently passed Proposition 11, a constitutional amendment passed by Texas voters in 2009, was misguided.

In the KETK interview last Thursday, Staples noted about Proposition 11: “what it said was that if you have to use eminent domain, it can only be done for a truly public purpose.”

“Proposition 11 contains a massive loophole,” Gilbert noted.” Proposition 11 allows the Texas Legislature to pass laws granting eminent domain authority to entities without specifying exactly what types of entities could be granted these powers. It could even include private corporations,” Gilbert noted. “Staples is willfully ignoring that loophole in a desperate attempt to deceive voters regarding his role in helping to sell out roads to private corporations,” Gilbert continued.

FACT SHEET

Staples’ Record On TTC, Property Rights, Speaks For Itself

FACT: Todd Staples voted for HB 3588, the legislation that created the Trans-Texas Corridor. [SOURCE: Senate Journal, 78th Texas Legislature, pp. 3044, 5047]

FACT: Todd Staples was slow to criticize the Trans-Texas Corridor-until Hank Gilbert made the Corridor an issue in his 2006 run for Texas Agriculture Commissioner. Staples’ own website includes news articles quoting Staples as failing to criticize the project in early January of 2006:

“Staples did not criticize the Trans-Texas Corridor…” [Tyler Morning Telegraph, January 24, 2006, via Todd Staples campaign website [LINK]

AND

“Change brings about cause for concern,” Sen. Todd Staples, R-Palestine, chairman of the Senate Committee on Transportation and Homeland Security, said Wednesday.

“We know there’s a mobility crisis in Texas today,” Staples said. “The status quo won’t do. Change must occur. We want change to occur in the most user-friendly manner as possible.” [SOURCE: Lawmakers taking critical look at Trans Texas Corridor, Associated Press State & Local Wire, February 9, 2005.]

FACT: Todd Staples never, during his tenure in the Texas House or Senate, authored or passed legislation to protect property or landowners from eminent domain abuses. [SOURCE: Bills Authored By Todd Staples, 74th Texas Legislature; 75th Texas Legislature; 76th Texas Legislature; 78th Regular Session, Texas Legislature; 79th Texas Legislature.

FACT: Todd Staples authorized legislation which would have expanded the ability of the Texas Department of Transportation to fund construction of toll roads. [SOURCE: Senate Bill 1706, 79th Texas Legislature]

This fact was noted by the media:

“Staples’ bill removes an $800 million-a-year lid on tax subsidies of toll roads…” [SOURCE: Austin American Statesman, May 12, 2005]

FACT: Proposition 11 does not stop the taking of property through eminent domain unless it is for a “truly public purpose,” as Todd Staples claims. In fact, Proposition 11 could increase the number of entities that could be granted authority to use eminent domain, and allows the Legislature to enact legislation granting eminent domain power to an “entity” without defining what types of “entities” are eligible for such legislation. Private corporations could benefit from this amendment. [SOURCE: Focus Report: Amendments Proposed For November 2009 Ballot, House Research Organization, Texas House of Representatives, August 20, 2009, p. 27]

“Today I’m at the Capitol to testify before the Joint Committee Hearing on Transportation and Funding Alternatives.

“I plan to speak about the transportation funding plan I released last fall, key points of which were endorsed by legislators and editorial boards from all over the state.

“I intend to tell the Committee that we can solve the transportation crisis in this state, in a fiscally responsible way, without having to sell off our roads to private and foreign companies or incur crushing debt. The Todd Staples sponsored HB 3588 got us into this mess and I’d like to help lead us out. Once again, I’m here and Todd Staples isn’t.

“Real reform is never easy, and in the case of TXDOT it’s proven to be especially difficult. Rick Perry’s TTC is in a coma because I put it there with help from a majority in the Legislature during the last Special Session. Now it’s time to kill it and protect us from abusive eminent domain practices. This is too important to leave to politics as usual. Texans just can’t afford to pay 20 cents a mile, lose their property rights or see free roads turned to tolls as they’re sold off. I hope my plan can provide some leadership where it is sorely lacking on this issue.”

Statement: There they go again, 2030 plan includes wildly inflated and  unrealistic transportation costs

TYLER-”First it was $50 billion. Then it was $82 billion. Now Rick Perry’s TXDOT is saying they need $332 BILLION? There is no one at TXDOT who has any credibility on transportation funding. Rick Perry has himself repeatedly lied about the need for toll roads and changing our funding mix. Todd Staples went one step further and actually helped pass legislation that made it easier to convert public highways to toll roads, mostly because we ‘couldn’t afford any other type of road’.

The truth, as always, is that we need to index the gas tax and that can make up the difference between what TXDOT needs and what revenue will currently be available. However, we cannot grant this governor and this agency a wish list of everything they want. TXDOT should have to justify their needs which are then appropriated by the Texas Legislature in each biennium’s budget. TXDOT should not drive this state further into debt. That being said, this most recent number is just as reliable as any of the other numbers.

It’s time for real justifications, not more of these ridiculous studies designed to generate ever larger numbers that do nothing but scare Texans into accepting the sale of our roads. We certainly can’t trust TXDOT, Rick Perry or Todd Staples.”

AUSTIN—Any naysayers who still doubt that Democratic gubernatorial candidate Hank Gilbert’s transportation funding plan is the best solution for Texas should look no farther than recent statements made by Democratic and Republican lawmakers.

“Recent statements by lawmakers from both sides of the aisle show that our plan is the common-sense plan,” Gilbert said. “Our plan will work, and the fact that lawmakers are discussing similar plans shows that I’m the only candidate in this race who can address Texas’ transportation needs head-on, with an honest solution,” Gilbert continued.

On Tuesday, members of the House and Senate’s transportation committees meeting in El Paso suggested that an increase in the gas tax was a viable alternative for transportation funding.

“State Senators John Carona and Dan Patrick—two Republicans, one who fought with me to stop the Trans-Texas Corridor and another who is ideologically my polar opposite in almost every other way—are talking about raising the gas tax being the best solution to the problems we are facing today,” Gilbert continued.

Late last month, Gilbert unveiled a bold, comprehensive transportation reform plan, “Getting Texas Moving Again,” which proposed a modest 8-cent gas tax increase followed by indexing the gas tax to the Highway Cost Index.

FACT SHEET

Legislators Offer Plans Similar To Gilbert; Agree Gas Tax Is Best Alternative

Many lawmakers in Texas agree that a gasoline tax of some form is the best option for funding Transportation infrastructure in Texas:

STATE SEN. JOHN CARONA (R-DALLAS)

“As Chairman of the Senate Committee on Transportation and Homeland Security, I can attest that the only near-term answer to the transportation funding dilemma we are facing is to raise and index the gas tax. Stopping the diversion of gas tax revenues for other legislative purposes, as is long overdue, will not alone solve the problem.” (Texas Monthly’s Burka Blog, October 21, 2009. [LINK])

STATE SEN. ELLIOT SHAPLEIGH (D-EL PASO)

“Whether it’s gas tax or local option, the result should be that we have enough money to build roads in communities like El Paso.” (Associated Press, November 12, 2009 [LINK])

STATE SEN. DAN PATRICK (R-HOUSTON)

One legislative measure Patrick said he supports is a slight increase to the state’s gas tax, and then an annual increase of one penny. (Dallas Morning News Dallas Transportation Blog, November 10, 2009. [LINK])

STATE REP. JOE PICKETT (D-EL PASO)

Pickett also said that he agrees with the essence of a new proposal that has been taking shape among transportation advocates from major metro areas. It calls for a statewide gas tax PLUS the option for counties to call elections to raise more locally. (Dallas Morning News Dallas Transportation Blog, November 10, 2009. [LINK])

[NOTE: It should be absolutely clear that indicating that Candidate Gilbert and lawmakers cited above are in general agreement on the gas tax increase implies neither that these lawmakers have endorsed Gilbert’s plans or that he endorses any of their specific plans.]

FORT WORTH—A short distance from where the Texas Transportation Commission was meeting in Fort Worth, Democratic gubernatorial candidate Hank Gilbert Thursday afternoon revealed his much-anticipated transportation policy.

Entitled “Getting Texas Moving Again: A Plan To Address Texas’ Transportation Needs In The 21st Century,” the proposal includes sweeping reforms such as an elected transportation commission, a modest gasoline tax increase to fund transportation infrastructure and return Texas to a pay-as-you-go system for road building, and massive internal reform for the embattled Texas Department of Transportation.

“Texans have lost faith in TxDOT,” Gilbert said. “The citizens of this state no longer have the faith that the policy and planning being formulated by TxDOT is in the best interests of our state,” he continued. “The Trans-Texas Corridor is a major cause of the loss of faith in TxDOT, but it is far from the only thing,” Gilbert said.

Gilbert, a Whitehouse small businessman who polled more votes than Texas Governor Rick Perry in a 2006 run for Texas Agriculture Commissioner, is the state’s leading advocate of TxDOT reform and is credited with halting the Trans-Texas Corridor Concept along with Texans Uniting For Reform And Freedom (TURF), a group he co-founded with San Antonio activist Terri Hall after the 2006 election cycle.

“Governor Perry and Senator Hutchison have offered no solutions to solve the problems with TxDOT or our transportation infrastructure in Texas, and neither have my Democratic primary opponents,” Gilbert said. “Today, Texans finally have someone they can look to who actually has a plan,” he said.

Among other things, Gilbert’s plan:

• Kills the Trans-Texas Corridor once and for all.

• Provides for returning Texas to a pay-as-you go system for road building through a modest fuel tax increase of eight cents, coupled with annual indexation of the gas tax to the Highway Cost Index (HCI)—with annual increases capped at four percent.

• Provides for a 14-member elected Texas Transportation Commission elected by region with a chair elected statewide.

• Prohibits TxDOT and Metropolitan Planning Organizations (MPOs) from using any funds to hire lobbyists.

• Provides mechanisms for an increased focus on rural transportation needs.

• Increased state funding for public transportation in Texas.

• Prohibits all new toll roads except those receiving voter approval in major metropolitan areas.

The release of Gilbert’s transportation policy marks the campaign’s third major policy release since mid-September. The campaign plans on rolling out several more detailed policy statements before the end of the year. No other candidates in the race for Texas governor have announced any policy initiatives.

You can download a PDF copy of Hank’s Transportation plan for Texas in PDF format here (LINK) or view it online here (LINK).

To view the PDF copy of the plan,  you will need Acrobat Reader.  Download it from Adobe’s website.

Many of you know who I am and are aware of my candidacy because of my involvement in killing the Trans Texas Corridor and working to put an end to eminent domain abuses in Texas.

While there is far more to my candidacy for governor than just my transportation policy, I am particularly excited and proud to unveil this piece of my vision for Texas. It represents many years of hard work and research and contains not just my ideas, but those shared with me by thousands of Texans over the years as I traveled across the state opposing the Trans Texas Corridor.

You’ve probably heard people use the phrase about the “ox in the ditch” when it comes to something that is stuck or not going anywhere. That’s the problem with our transportation policy in Texas: Governor Perry’s ox, the Trans Texas Corridor, got stuck in a ditch. Instead of coming up with new and better transportation policy when this happened, Governor Perry and his administration just stayed on the side of the road and let our transportation needs pass right on by.

Every time I see TxDOT’s new slogan, “Keep Texas Moving,” I laugh a little, because our transportation policy and development in this state is doing anything but moving. When I’m governor, that will change. That is why I’ve titled this plan, “Getting Texas Moving Again.” It is time to move Texas transportation policy and construction in the right direction—toward new ideas and a brighter future. When I’m governor, that will happen.

Sincerely,

BACKGROUND

For much of the last decade, transportation policy in Texas has been dominated by the debate over toll roads and the controversial Trans Texas Corridor. During that time, existing transportation infrastructure has deteriorated and future large-scale planning for the state’s transportation needs came to a virtual halt as Governor Perry’s ‘my-way-or-no-new-highways’ attitude caused Texans to lose trust in our elected leaders.

The Texas Department of Transportation’s arrogance and failures—such as its one billion dollar accounting error—have caused Texans to not only lose trust in our elected leaders but also in our state’s transportation agency.

Although TxDOT’s new slogan is “Keep Texas Moving,” the agency and Governor Rick Perry have done anything but that. Texas’ transportation planning and policy is mired like the proverbial ox in the ditch: it isn’t going anywhere and it isn’t keeping Texans moving.

Hank Gilbert’s plan will get Texas moving toward fiscally, ecologically, and socially responsible transportation policy.

HANK’S PLAN

Restoring Trust In TxDOT

In order for Texas to develop transportation policy that the public can, once again, have faith in, the Texas Department of Transportation must be reformed from the bottom up.

An Elected Texas Transportation Commission.

Hank believes that an elected Texas Transportation Commission is the best way to both restore public trust in our state’s transportation system and ensure that transportation policy is made by those with a true interest in sound transportation policy.

Hank proposes an elected 14-member Transportation Commission with a Transportation Commission Chair elected statewide. Hank proposes that 14 members of Texas’ new Transportation Commission be elected by voters from across 14 local districts created based on population data from the U.S. Census Bureau, similar to the manner in which State Board of Education districts are presently situated. Transportation Commission members would not be paid salaries, but rather stipends for attending Commission meetings and official business. The Chair would be paid a salary equivalent to similarly situated statewide elected officials. Under Hank’s plan, the Commission Chair would be required to be a certified public engineer.

Ethics & Accountability

Hank proposes a No-Lobbying Rule for members of the Texas Transportation Commission. Hank proposes that members of the Texas Transportation Commission be subject to the most stringent no-lobby requirements of any elected officials in Texas. Hank proposes banning Texas Transportation Commissioners from accepting political contributions, gifts, meals, or anything of value from any lobbyist employed by or working on behalf of road builders, contractors, or similar industries.

Hank proposes a No-Lobbying Rule for TxDOT & strict code of ethics for employees. Hank proposes placing all TxDOT employees under the same no-lobby rules that would apply to the new Texas Transportation Commission. Hank also proposes a strict code of ethics for TxDOT employees.

Hank proposes lobbying and political contribution disclosures by all TxDOT bidders. Hank proposes requiring that all business entities bidding on TxDOT projects must, upon submission of their bids, also submit documents detailing all political contributions and lobbying expenses made in Texas for the past four years.

An End To Outside Lobbyists.

Hank proposes that the Department would be statutorily prohibited from engaging in any activity or using any money from its budget to hire lobbyists to influence or defeat state or federal legislation. MPOs would be subject to the same requirements.

Improved Financial Accountability.

Hank believes that TxDOT needs improved financial accountability.

Hank proposes changing statute to require that TxDOT’s Chief Financial Officer be appointed by the new Texas Transportation Commission, and that he or she report directly to the Commission and Commissioner.

Hank proposes requiring that an Inspector General be appointed to report directly to the new Texas Transportation Commission. The Inspector General would be required to audit, evaluate, and identify needs and opportunities within TxDOT and cooperate and coordinate with the State Auditor.

Hank proposes ending waste, abuse, and fraud within TxDOT. Hank proposes curtailing and killing TxDOT expenditures such as the $100,000 plus per month the agency spends on lobbying, and the multi-million dollar “Keep Texas Moving” public relations campaign.

Improved Planning.

Hank believes that TxDOT must improve its planning process to address long-range and short-term state transportation needs.

Hank proposes requiring TxDOT to adopt and adhere to a 10-year Statewide Transportation Plan and two-year short-term transportation plans to address state transportation goals. Hank proposes requiring TxDOT to adopt and maintain both short and long-term transportation plans. Under Hank’s plan, the agency would be required, every ten years beginning in 2012, to develop a 10-year Statewide Transportation Plan to address projects that can be completed within that time frame to improve transportation in Texas. The 10-year Statewide Transportation Plan would also be subject serious review and updating every five years, thus allowing plans to be more fluid and keep up with growth and innovations in transportation TxDOT would also be required to adopt two-year transportation plans running concurrent with the state’s budget cycle to address short-term planning goals.

Hank proposes requiring the statewide transportation plans and appropriations request be required to utilize requests from Metropolitan Planning Organizations as their basis.

Improved Public Participation.

Under the current administration and statute, TxDOT is notorious for being unresponsive to citizen complaints and concerns about transportation plans.

Hank proposes requiring that every major TxDOT planning document and project be subject to public input and public hearings. Hank also proposes that the new Texas Transportation Commission would have the final say on green-lighting projects. Hank believes that the new elected Transportation Commission must have the final say on whether or not projects which may be controversial in various parts of the state are given a green light. Hank believes that agency bureaucrats should not have this responsibility. If a road project does not have popular support, the Commission must determine why and determine what modifications can be made to make a project work for the benefit of all Texans. Public involvement must be tied to decision making.

Hank proposes codifying requirements that Metropolitan Planning Organizations establish Citizen Advisory Boards required to solicit citizen comment on long-range plans and projects.

Hank proposes requiring TxDOT to adopt rules for all departments, divisions, and districts to establish a process to act on complaints filed with the department. Such complaints would be required to be filed and tracked by the department and periodic reports on complaints and resolutions made to the new Texas Transportation Commission.

Hank proposes sweeping reforms for MPOs. Under Hank’s plan, any MPO would be required to consist of no less than five and not more than 19 members to be determined on an equitable geographic-population ration based on the most recent census. In order to receive funds from the state for projects, at least 75 percent of an MPO’s policy board members would have to be elected officials from within the boundaries of the MPO. Only elected officials would be allowed to be voting members of MPO policy boards.

Improved Coordination With State Agencies & Local Governments.

Hank believes that TxDOT can and must do more to coordinate with state agencies and local governments and hear their concerns.

Hank proposes a statutory coordination requirement which would require TxDOT to seek public input from the government bodies and agencies its projects will affect such as cities, independent school districts, counties, and other state agencies. Though some TxDOT projects may have long term benefits to communities, short-term problems such as traffic flow, traffic safety, and even blocking access to businesses and homes can have detrimental effects on Texans. Under Hank’s plan, TxDOT would be required to address these concerns with local city councils, county commissioners courts, and other government bodies.

Project Prioritization That Makes Sense.

Hank believes that the prioritization of TxDOT projects should not be subject to the whims of individual powerful legislators.

Hank proposes requiring the new Texas Transportation Commission to prioritize TxDOT’s major projects within its appropriations request—based on MPO and sub-regional planning commission requests—and changing statutes so the Legislature cannot, at the whim of one or two powerful legislators, alter these priorities through the appropriations process. Often, projects are given a green-light and priority appropriations funding because of legislative arm twisting and not because a particular project is better or more needed than another. Hank’s plan will change this.

Transportation Planning for Rural Texas.

In the past decade, transportation issues in rural Texas have been largely neglected. Farm-to-Market roads and state highways running through rural areas have become more congested and unsafe while TxDOT has focused on the Trans Texas Corridor and urban transportation issues. Rural transportation needs are uniquely different from urban needs. The planning and consideration of rural projects needs to be reorganized within TXDOT in order to ensure our rural infrastructure is properly maintained and improved so that the goods and service produced all across Texas can efficiently move to market.

Hank proposes creating within TXDOT a Rural Transportation Division that specializes in the needs, planning and building of rural Texas roads, upgrading FM roads and bridges, and working with rural counties to prioritize their needs. There will be a Rural Transportation Director with sufficient staff to facilitate the needs and help allocate funds for rural transportation with the help and assistance from SRPCs that have formed statewide.

In those rural areas that have created Sub-Regional Planning Commissions under Chapter 391 of the local government code and have developed rural comprehensive transportation plans, Hank proposes that TXDOT must incorporate those transportation priorities identified by the Commission in the agencies 10 year long term and 2 year short term plan.

Repairing & Replacing Outdated Infrastructure.

While Texas has spent millions developing the now dead Trans Texas Corridor, transportation infrastructure has suffered.

Giving Texas Bridges A Boost.

Hank proposes a program requiring TxDOT to immediately repair or replace the state’s deficient bridges. As of 2007, Texas had more bridges on the Federal Highway Administration’s bridge inventory that were structurally deficient than any other state in the country. That number doesn’t include bridges on roads which are not part of the FHwA bridge inventory. Under Hank’s plan, unsafe bridges would get immediate attention. Hank proposes requiring TxDOT to address this problem by repairing and replacing the bridges which are most deficient and most frequently traveled first, and repairing or replacing all deficient bridges as soon as fiscally practical.

Focusing On Repair, Not Just Building.

Hank proposes requiring TxDOT to address maintenance and repair issues and not just new construction in the 10 and two year long- and short-range plans he proposes. Roads that are in disrepair increase traffic congestion and make travel unsafe for drivers. Hank proposes requiring TxDOT to make maintenance a priority.

Hank proposes requiring TxDOT to end the waste and improper use of maintenance funds. TxDOT has artificially deflated roadbed life standards and initiated maintenance projects to help

New & Better Ways To Move Texans.

Over the last several decades, the state has invested billions in new highway construction while spending relatively little on mass transit. As a result, public transportation infrastructure is lacking in Texas because Texas cities are forced to foot the bill or rely on the federal government for help.

A 2008 report by Texas PRIG found that public and mass transit systems in Austin, Houston and the Dallas-Fort Worth Metroplex eliminated the need for more than 44 million gallons of oil in 2006, saved consumers more than $116 million in gasoline costs, and avoided 270,000 metric tons of carbon dioxide emissions. The report also found that Austin’s public transit system eliminated 1.7 million hours of traffic delays for drivers.

Improving and further integrating additional transit models into Texas’ transportation infrastructure makes both financial and environmental sense.

Increased Funding for Improvements To Existing Transit Systems in Major Metro Areas.

Hank proposes making more state funds available to cities to improve existing transit systems in the state’s major metropolitan areas.

Hank also proposes funding more “ring line” transit routes and commuter/light rail systems to allow commuters to travel around a city’s center without going through it, and connecting these ring lines to existing transportation infrastructure to make public transportation more efficient and consumer-friendly.

Funding for New Mass Transit Systems.

Hank proposes making more state funds available to help large metropolitan areas develop new mass transit systems or extend mass transit systems.

Hank proposes expanded high speed commuter rail lines. Hank proposes funding to allow cities with large suburban populations to create (or expand) commuter rail to help commuters get in and out of major metro areas faster and more efficiently.

Improved Transit For Small and Medium Sized Cities.

Small and medium sized cities stand to reap significant benefits from the improvements transit service can provide.

Hank proposes more funding to help small and medium sized Texas cities develop and implement public transit infrastructure.

Finally Killing The Trans Texas Corridor.

TxDOT admits that, in spite of its recent pronouncements, the Trans Texas Corridor isn’t really dead. Hank proposes killing the concept of the Trans Texas Corridor once and for all. Hank will remove the TTC from the Transportation Code and rescind all development contracts associated with the project. In addition, Hank will ensure that HB 3588—the enabling legislation for the TTC—is killed.

An End To Tax & Toll Policy.

The explosion of toll roads in Texas has spawned one of the most contentious public policy debates in Texas history. Texas has shifted from a gas-tax based, pay-as-you go transportation model to one that seeks to double-tax Texans.

No tolls on any existing roadways. Hank will propose and sign into law legislation prohibiting the institution of a toll on any existing roadway in Texas.

No new state-proposed toll roads. Effective the day Hank Gilbert becomes governor of Texas, TxDOT will be out of the business of proposing new, multi-county toll road corridors.

Citizen approval required for toll roads in major metro areas. Hank understands that some cities and some Texans would prefer toll roads to ease traffic congestion in the state’s major metropolitan areas. However, Hank believes that voter approval is vital for these projects.

Hank proposes requiring local voter approval for any toll road projects. If a city wants to construct a toll road, then Hank’s plan would require they put that question to voters. Under Hank’s plan, combined “local option” toll elections where more than one municipality or more than one county vote on a toll road would not be permitted because voting populations in larger cities will easily outnumber voters in smaller cities which may not want the toll road. Therefore, combined “local option” tolling elections do not work. Under Hank’s proposal, each affected community would have to vote on their own on the question of whether they would want new construction of a specific road to be a toll road. The tolls on these road must phase out as the bonds used to construct them are paid off and maintenance is handed over to the state. If additional construction is needed, it’s got to be done in a separate bond issue after voters approve the second project.

Expanding Existing Roadways To Relieve Congestion.

Instead of creating new corridors or toll roads to relieve congestion on roads such as Interstate 35, Hank proposes expanding existing roads to include more lanes.

Take advantage of existing rights of way. Hank proposes that the state take advantage of existing state rights-of-way along major Interstates and highways to expand highways and roads as needed. Texas has ample right-of-way along most highways to do this and relieve congestion without building new roads.

Non-Tolled Outer Loops. Hank proposes making funding and creation of non-tolled public loops around larger cities priorities along existing Interstate highways where congestion relief is needed.

If you can’t build out or across or around, build up. In the very rare cases where you cannot build across or out along the right of way of a highway—and a loop around a smaller city is inappropriate or unnecessary, then that double-deck road systems such as those in use in major metro areas like Austin be are a solution which can utilized. This would be only in limited instances and to help relieve congestion on highways and Interstates where expanding further into the right of way or outer loops around cities are not feasible

Protecting rights of way. Hank proposes passing legislation to help end the reliance on frontage roads and require the state to work with developers and local governments to have well-planned arterial road systems leading freeway traffic to exit at controlled access exit points and utilize arterial roads to get to businesses and residences that abut freeways instead of frontage roads.

Ending Eminent Domain Abuses.

A Constitutional Amendment Is Needed.

Hank proposes a constitutional amendment similar to one on the November 2009 ballot to protect private land owners from eminent domain abuses associated with road construction. Texas needs a constitutional amendment with: a strong definition of public use limiting eminent domain for any economic development and tax enhancement purpose; language requiring good faith negotiations to prevent entities to from low-balling landowners and forcing them into expensive and protracted legal battles; requiring compensation for diminished access to a landowner’s property; limiting the granting of eminent domain to any further entities without a public vote; providing financial relocation assistance for displaced landowners; allowing landowners the ability to buy back any land at the original cost after 10 years if it isn’t used by the governmental entity.

Funding Transportation In Texas.

Generating funding for road construction and improvement is key to getting Texas moving again.

Indexing The Motor Fuels Tax.

Hank proposes a one time increase in the gas tax of 8 cents and implementing automatic increases in the gas tax annually from 2012 forward based on increases in the Highway Cost Index (HCI), with a four percent cap on any annual increase. Should the HCI increase by more than 4% in any year, the balance would carry forward to the next year and be added to any increase for that year. In years where there is a zero or negative increase in the HCI, revenue generated from carryovers would go toward reducing TxDOT’s existing debt. This is the only way we can build out the infrastructure Texas desperately needs and restore fiscal responsibility to transportation funding without incurring massive new debts that will burden this state for decades to come.

Hank will require TxDOT to adhere to its funding formulas so each TxDOT district receives the appropriate amount of funding.

You can download a PDF copy of Hank’s Transportation plan for Texas in PDF format here (LINK).

To view the PDF copy of the plan, you will need Acrobat Reader. Download it from Adobe’s website.

AUSTIN — Texas already has spent close to $60 million on the recommended-for-death parallel to Interstate 35 once envisioned as part of the Trans-Texas Corridor.

More money — perhaps millions more — will be spent as Texas closes the environmental review process and gets public comment on the recommendation to the federal government, state transportation officials said Wednesday.

The planning expenditures were not wasted because the state can use the information in the future, said Transportation Commissioner Ted Houghton of El Paso.

Critics disagreed.

“Texans shouldn’t be forced to pay a tax for Rick Perry’s arrogance in pushing a project that nobody wanted but Rick Perry,” said Joe Pounder, spokesman for U.S. Sen. Kay Bailey Hutchison, who is challenging Perry for the GOP nod for governor.

The $59.4 million in expenditures the Texas Transportation Commission reported to lawmakers at the end of fiscal 2008 went for planning, environmental reviews and engineering studies. The expense was part of $131 million spent on several segments. An updated total will be posted later this month.

The I-35 parallel was among the last vestiges of the once-ambitious Trans-Texas Corridor championed by Perry as a network of highways, rail lines and utility corridors that would crisscross Texas and relieve congestion. The idea relied heavily on public-private partnerships and tollways because highway tax dollars are falling far short of the need.
Opposition from groups and landowners prompted transportation officials earlier this year to drop the Trans-Texas Corridor name and declare they would scale back the network idea.

Texas 130 in Central Texas and the proposed Interstate 69 from Brownsville to Texarkana are its last remnants.

Democratic candidate for governor Hank Gilbert, noting January’s announcement, said he suspected that the demise of the corridor has been slow because there are additional costs associated with it.

“Vampires die quicker than Rick Perry’s transportation policy,” he said.
Perry and others have challenged critics to come up with an alternative, workable transportation plan. Hutchison and Gilbert have not disclosed plans; their campaigns say they will.

Activist Terri Hall of Texans Uniting for Reform and Freedom is among those unconvinced the Trans-Texas Corridor is dead, noting lawmakers did not remove the idea from state law this year and pointing to the continuation of I-69.

“The Trans-Texas Corridor is not dead until Rick Perry is no longer governor of the state of Texas,” she said.

State officials said they remain committed to expanding I-35 to three lanes each way from Austin to Hillsboro.

Transportation officials largely blamed themselves for not properly marketing the TTC plan. Houghton, in a reference to the way the agency was portrayed by anti-corridor and anti-toll activists, as well as Hutchison, introduced himself at Wednesday’s news conference this way: “I am Ted Houghton, the most arrogant commissioner of the most arrogant state agency in the history of the state of Texas.”

Link to Comprehensive Development Agreement – TTC-35 High Priority Corridor (03/11/05) courtesy of Corridorwatch.org.

TYLER—Although the Texas Department of Transportation is claiming the controversial Trans Texas Corridor is dead, Democratic Gubernatorial Candidate Hank Gilbert today warned Texans that the state is still likely on the hook for billions for terminating its contract with the company hired to build TTC 35.

Gilbert, who led the charge to kill the Trans Texas Corridor over the last several years and co-founded Texans Uniting for Reform and Freedom, an anti-toll road organization with San Antonio activist Terri Hall, says the TTC will get the most expensive funeral of any project in state history.

“At a time when our state budget is already stretched to the limit, I’d love for Governor Perry to tell us where the money is going to come from to pay off Cintra-Zachry for terminating this contract. They’ve already paid the state $1.2 billion in concessions to develop this giant land grab. You can’t tell me they aren’t going to get that—and more—back from the state and Texas taxpayers,” Gilbert said.

Cintra, a Spanish-owned company, partnered with Texas-based H.B. Zachry Construction to bid on and ultimately win the contract to build TTC 35, which the Texas Department of Transportation today announced was dead. TxDOT made a similar pronouncement in January.

“This is the second time TxDOT has allegedly killed the Trans Texas Corridor. Vampires die quicker than Rick Perry’s transportation policy,” Gilbert said. “I suspect the reason the death has been so slow is because the state has been wondering exactly how it will pay to terminate the agreement,” Gilbert said.

“Rick Perry’s debacle will cost the state a minimum of between $750,000 and $3.5 million dollars plus fees, charges, and penalties which could run into the hundreds of millions. It could take teams of lawyers and accountants months to determine the true dollar impact,” Gilbert said. “The Comprehensive Development Agreement between TxDOT and Cintra-Zachry has paragraph after paragraph of termination clauses—including clauses relating to TxDOT terminating the contract for ‘convenience.’ The big question right now that no one is asking is how much this is going to cost Texans,” Gilbert said.

“Rick Perry made the TTC a centerpiece of his election campaign in 2002. Now, in 2009, as he is in another fight for his political life, he’s stopping it—or so he says. He develops and ditches transportation policy based on his level of panic related to whether or not he is going to be beat at the polls. That’s not sound policy, that’s political opportunism,” Gilbert said.

TxDOT’s decision to ditch the TTC comes on the heels of the announcement that the Texas Farm Bureau AgFund PAC was endorsing Perry’s opponent, U.S. Senator Kay Bailey Hutchison, in the GOP Primary. “There is no way that is a coincidence,” Gilbert said.

Gilbert also noted that Hutchison was far from blameless when it comes to Texas’ transportation woes.

“Senator Hutchison voted for SAFTEA-LU in 2005. This bill might as well have been captioned as enabling legislation for Rick Perry’s colluded vision for transportation policy in Texas. It designated 80 plus trade corridors including those that were part of the TTC plan, and gave the states the option to toll existing Interstate Highways. Her opposition to toll roads is, at best, insincere,” Gilbert said. “Those corridors will remain until Congress kills them. I don’t see Kay Bailey Hutchison introducing any legislation to that effect,” Gilbert noted.

“I would like to say this is a good day for Texas, because it appears that the hard work of myself, Terri Hall, and the 300,000 plus members of TURF, as well as the American Stewards of Liberty—all organizations who worked hard to kill the TTC—seems to be paying off. But, it is the other payoff I’m worried about. I’m worried about Texas citizens now being on the hook to payoff Cintra-Zachry because Rick Perry allows his transportation policy to mirror his level of electoral panic,” Gilbert said. “It is a good day for the men and women who own hundreds of thousands of acres this mammoth highway would destroy, but a dark cloud still hangs over the state in fiscal terms,” he continued.

FACT SHEET

The Trans Texas Corridor: Brought To You By Rick; Enabled By Kay; Killed By Hank, TURF & American Stewards Of Liberty

TxDOT Has Already Spent Millions Developing The Now Dead Corridor. As of the end of FY 2008, TxDOT had spent at least $131 million on the Trans Texas Corridor, not including “indirect” costs. (Austin American-Statesman, January 9, 2009)

TTC 35 Is Dead, But How Big Are The Costs? TxDOT’s agreement with Cintra-Zachry to build the TTC 35 Corridor includes numerous clauses related to the termination of the development agreement, including a clause relating to TxDOT scuttling the project out of “convenience.” (Texas Department of Transportation TTC-35 High Priority Corridor Comprehensive Development Agreement, Conformed for Execution, 289215v22, March 11, 2005)

What About The $1.2 Billion? Cintra-Zachry (a consortium led by Texas-based H.B. Zachry Construction and Spanish company Cintra Concesiones de Infraestructuras de Transporte) paid the state $1.2 billion for the right to design, construct, and operate for up to 50 years a four-lane, 316 mile toll road running from the Dallas area to the San Antonio area. The proposal required the transfer of the right to build and operate TTC 35 as a toll road from the state to Cintra-Zachry. Now that TTC 35 is ‘dead,’ what happens to the $1.2 billion dollars? How much of a bill will Texans be responsible for?

The TTC Would Have Decimated Farms Across Texas. The Trans Texas Corridor was envisioned as a long-range plan for 4,000 miles of tollways, passenger, and freight rail lines. It was envisioned as up to 1,200 feet wide. The Austin American-Statesman called the TTC “a pasture- and cropland-consuming prospect that helped spark widespread opposition to the plan in rural Texas.” (Austin American-Statesman, January 9, 2009).

The Trans Texas Corridor Is Rick Perry’s Political Vampire. This is at least the second time the state has proclaimed the Trans Texas Corridor as being “dead.” In spite of a major media event in Austin today to read the TTC its last rights, Governor Perry claimed the TTC was dead back in January:

Gov. Rick Perry in 2002 unveiled with great fanfare the corridor plan as an almost $200 billion blueprint for the state’s transportation future and then took withering criticism for it in a tough 2006 re-election race. On Tuesday, he said, “The days of the Trans-Texas Corridor are over.” (Austin American-Statesman, January 7, 2009)

TxDOT officials, who will again declare the TTC “dead” today made similar pronouncements a month ago:

“Make no mistake: The Trans-Texas Corridor as we have known it no longer exists,” TxDOT executive director Amadeo Saenz said in a speech at an annual transportation conference. (Dallas Morning News, January 7, 2009)

Like a vampire, the TTC seems almost impossible to kill. Perry pronounced it dead ten months ago this week, as did TxDOT. Yet, it still lingers on life support?

State Auditors Raised Numerous Questions Over Corridor, Corridor Contracts. The Texas State Auditor’s Office accused the Texas Department of Transportation of downplaying potential costs associated with TTC and criticized TxDOT for being secretive about information relating to the Cintra-Zachry contract. TxDOT defended its more than a year of stalling on releasing portions of the contract in spite of the auditor’s rebukes. (Austin American-Statesman, February 24, 2007).

Perry’s Toll Road/TTC Policy Got Him Heavy Cash From Connected Donors. As of 2006, Governor Perry had received more than $1.2 million from individuals or political action committees with a stake in the Trans Texas Corridor. (San Antonio Express-News, November 4, 2006).

Governor Perry has received more than $200,000 from Zachry family members alone:

(Texas Ethics Commission)

Senator Hutchison Has Taken Thousands From The Zachry Family, Too. Senator Kay Bailey Hutchison is also a favorite of H.B. Zachry Company family members:

(Federal Election Commission)

Hutchison Enabled Governor Perry’s Trans Texas Corridor. Senator Hutchison voted for legislation allowing tolls to be charged on interstate highways, and established an Interstate Highway construction toll pilot program. This program allowed states, like Texas with the Trans Texas Corridor, to collect tolls on a highway, bridge, or tunnel on the Interstate Highway System in order to construct more Interstate Highways. (HR 3, 109^th Congress, 1^st Session, Vote 220, July 29, 2005)

Perry Said Trans Texas Corridor Would Be Great For Texas. Among his more outlandish claims, Governor Perry claimed that the Trans Texas Corridor would be beneficial for the Texas environment and actually reduce air pollution, and make Texans better stewards of our environment. (Editorial by Rick Perry; Press Release, Office of the Governor)

No Other Democrat Has Credibility On Private Property Rights. Tom Schieffer was a key player in the first instance of the use of eminent domain in Texas to seize privately held land for an entertainment venue. Between 11 and 13 acres ultimately controlled by the Texas Rangers’ were acquired through eminent domain with landowners owners receiving only $817,220 for the land, which a court later valued at being worth $4.98 million dollars. When landowners sued to get what they should have rightfully received for their land, Tom Schieffer said it was the “silly season in politics” and claimed the suit was a political stunt to derail his friend George W. Bush’s gubernatorial campaign. (SOURCE: Arrillaga, Pauline. “Property owners sue Bush, other officials.” Austin American-Statesman, September 1, 1994 & Zimbalist, Andrew. “If the Washington Redskins Are Worth $800 Million,” Texas Monthly, September, 1999.)

While Republicans Were Failing Texas, Hank Gilbert Picked Up Slack

TYLER—The catfight between the campaigns of Texas Governor Rick Perry and Kay BaileyHutchison shows that Texas has a tremendous leadership void when it comes to state Republican officials doing anything to address the state’s transportation problems.

“Perry and Hutchison can finger-point until the cows come home and it won’t change a thing,” said Hank Gilbert (D-Whitehouse), a Democratic candidate for Governor of Texas. “Both are miserable failures for Texas when it comes to transportation issues,” said Gilbert.

While Perry was scheming to essentially sell off hundreds of thousands of acres of Texas land to foreign-owned companies to build the Trans Texas Corridor and then charge Texans a double-tax to travel on the roads and Hutchison was in Washington voting for laws which would enable Perry’s schemes, Hank Gilbert was busy cleaning up their mess.

“It is really funny to see these two go at each other on transportation. There is only one candidate in this race—on either side of the ballot—that has shown any meaningful leadership on transportation issues in Texas. Me,” Gilbert said.

Gilbert, after his 2006 run for Texas Agriculture Commissioner, co-founded a 300,000 member grassroots organization called TURF (Texans Uniting For Reform and Freedom) dedicated to stopping toll roads and the Trans Texas Corridor.

Hank worked with Democrats and Republicans in the Texas Legislature to stop the Trans Texas Corridor and stop eminent domain abuses in Texas.

Rick Perry’s Trans Texas Corridor would have gobbled up hundreds of thousands of acres of family farms in Texas and gone through many low-income and minority communities in Central Texas where citizens lacked the funds and resources to fight back against the abuse of eminent domain.

“I’ve spent the last several legislative sessions in Austin actually trying to offer solutions to Texas’ transportation problems. I even managed to get myself called names by hand-picked members of Rick Perry’s Texas Transportation Commission. Perry and Hutchison are whining about transportation because that is all they can do. They lack fresh ideas and any real solutions,” Gilbert said.

“Senator Hutchison’s failure to increase DOT outlays for Texas is another example of how she’s failed her constituents. Governor Perry’s quick attack on that point is just another example of how eager he is to hide the fact that he is a miserable failure on transportation issues. It is a choice between bad and worse. They trade barbs and Texas is stuck in traffic,” Gilbert continued.

“What Governor Perry doesn’t want anyone to know is that TXDOT had the chance to allocate the federal funds it’s now having to repay. That’s not Sen. Hutchison’s fault, that’s Rick Perry’s.”

FACT SHEET

Hutchison & Perry: A Duet Of Transportation Failures

HUTCHISON ENABLED PERRY’S TRANS TEXAS CORRIDOR

• Senator Hutchison voted for legislation allowing tolls to be charged on interstate highways, and established an Interstate Highway construction toll pilot program. This program allowed states, like Texas with the Trans Texas Corridor, to collect tolls on a highway, bridge, or tunnel on the Interstate Highway System in order to construct more Interstate Highways. (HR 3, 109^th Congress, 1^st Session, Vote 220, July 29, 2005)

TRANSPORTATION POLICY TO PLEASE CONTRIBUTORS

• Senator Hutchison has accepted more than $26,000 in contributions from executives and PACs associated with Zachry Construction—the company that was to build the Trans Texas Corridor. (Center for Responsive Politics)

• Governor Perry has taken more than $200,000 in contributions from executives and PACs associated with Zachry Construction. (Texas Ethics Commission).

PERRY SAID TRANS TEXAS CORRIDOR WOULD BE GREAT FOR TEXAS

• Among his more outlandish claims, Governor Perry claimed that the Trans Texas Corridor would be beneficial for the Texas environment and actually reduce air pollution, and make Texans better stewards of our environment. (Editorial by Rick Perry; Press Release, Office of the Governor)

NO OTHER DEMOCRAT HAS CREDIBILITY ON PRIVATE PROPERTY RIGHTS

• Tom Schieffer was a key player in the first instance of the use of eminent domain in Texas to seize privately held land for an entertainment venue. Between 11 and 13 acres ultimately controlled by the Texas Rangers’ were acquired through eminent domain with landowners owners receiving only $817,220 for the land, which a court later valued at being worth $4.98 million dollars. When landowners sued to get what they should have rightfully received for their land, Tom Schieffer said it was the “silly season in politics” and claimed the suit was a political stunt to derail his friend George W. Bush’s gubernatorial campaign. (SOURCE: Arrillaga, Pauline. “Property owners sue Bush, other officials.” Austin American-Statesman, September 1, 1994 & Zimbalist, Andrew. “If the Washington Redskins Are Worth $800 Million,” Texas Monthly, September, 1999.)