I-35 Segment 4 Kick off meeting

Kathy Palmer, President
South Central Texas Sub-Regional Planning Commission

(For the full President's report click: [HERE])

Well this was certainly an interesting meeting.

It was held at the TxDOT District office in San Antonio and we had a variety of attendees from Laredo through to Seguin, including members of the San Antonio and Seguin Chambers of Commerce, a Frio County 911 Coordinator, City of St. Hedwig, City of Seguin and City of Laredo Planning and Zoning Commissioners, a Guadalupe County resident and a Guadalupe County Texas Farm Bureau representative.

Kudos to Judge Marvin Quinney, as he was the ONLY elected County official to attend.

Commissioners and Judges from Bexar County, Atascosa County, Medina County, Zapata County, and LaSalle County although invited, were nowhere to be seen. Being that the intent of this Segment Committee is to make sure your folks in your Counties are given yet another avenue to make their concerns, comments and considerations heard relating to the expansion of the Alternate I35 Corridor, one would think at least an alternate from those Counties would have been present.

It appeared by the input given at the start of the meeting approximately ¾ of the folks in attendance are very pro Commerce however it has to happen, while those in the rural areas are pro property rights and use of existing right of way.

There was lively debate as to the differences in the definition of “economic viability” as those in the city see the definition as commercial businesses all up and down the main roads and successful movement of commerce in those areas, while those in the rural areas see the definition as commercial business is good as long as it is not forcefully taking over the properties of residences along the roadways and building such roadways to bring trucks and freight through their once quiet farmland.

The Segment Committee members have been tasked in each of their individual areas to:

• Identify transportation needs, Examine Existing and Planned Facilities

• Identify areas where new location facilities may be needed

• Prioritize the individual needs into a Master Plan

• Finalize the Corridor Development Plan

While TxDOT is adamant that they want to “make sure we are getting the most out of the current facilities”, it is the Segment Committee members responsibility to hold them accountable to that expectation.

As members of the SCTSRPC, St. Hedwig and Wilson County as well as a portion of the representation of Guadaulpe County are all continuing with the original input of unfettered use of existing right of way on I10 and SH1604. Existing and future SH130 is a major part of this IH35 alternate plan, which directly affects Guadalupe County (Marion and Seguin via IH10), St. Hedwig (IH10 and SH1604), and Wilson County (SH 123 and expansion of SH1604).

The Committee’s main goal is to make sure that when a final recommendation is made of the Alternate to I35, that it indeed solves the true problem in the areas it will affect. That is the challenge that confronts each and every member as they will all be vying in the beginning for their individual areas while at the end will be tasked with prioritizing each issue brought to the table into a final Master Plan.

Eventually, the Segment 4 Master Plan will then be merged into the Segment 1-3 Master Plan therefore creating the “new”, specific, alternate route to I35 from the Texas/OK boarder to the Texas/Mexico border. As you can see the TTC 35 has not gone away, it has simply been broken down into smaller chunks to be analyzed and then reconstructed. TxDOT is looking for a “cohesive transportation system for the I35 Corridor with interstate multimodal transportation solutions”.

It is imperative that the public give competent, factual input to each of the Committee members as this runs its course. Following the NIMBY approach will not work. In order for the Committee member to be able to give it’s input as a reason to keep their issue at the top of the list, factual information from an environmental, historical and/or economical aspect must accompany the issue.

Meetings are open to the general public and you are encouraged to attend. This is an important issue that will affect each and every citizen in the East Bexar County, Guadalupe County and Wilson County area whether you think it will or not.

Please contribute and help the Committee members in your area as they strive to make sure their area is not left behind or worse yet, paved over.

© 2009 SCTSRPC: sctsrpc.blogspot.com

Texas Mayors Petition Federal Highway Administration to Reject the Trans Texas Corridor

Five Texas Mayor's and their school districts have filed a formal request with the Federal Highway Administration to reject the environmental study for the Trans Texas Corridor, the superhighway championed by Governor Rick Perry. The corridor is an internationally funded toll road designed to connect Mexico to Canada that will take 146 acres per mile of private property from Texas citizens. These five Mayor's have taken a courageous stand placing a 30 mile wide gap in the massive project.

Press Release
Eastern Central Texas Sub-Regional Planning Commission

Holland, TX -- The Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) has filed a petition with the Federal Highway Administration (FHWA) demanding they reject the Draft Environmental Impact Statement (DEIS) for the Trans-Texas Corridor I-35 project.

The Trans-Texas Corridor (TTC) is a quarter mile-wide transportation system championed by Governor Rick Perry as the first leg of an internationally funded toll road designed to connect Canada to Mexico for international trade. The Texas Legislature authorized the TTC in 2003, and Texan's have been fighting the massive project ever since.

However, it wasn't until August of 2007 that a group of five mayors and their city's school districts representing a total of 6,000 citizens banded together, that they found a way to slow down the massive project. They formed the ECTSRPC under Chapter 391 of the Local Government Code which gave them the ability to require the Texas Department of Transportation (TXDOT) to coordinate the project with the Commission. They, in effect, created a thirty-mile gap in the middle of the TTC I-35 corridor route.

During the first meeting with TXDOT in October of 2007, the agency stated that the DEIS, the environmental study necessary to move the project forward, would be sent to the FHWA for final approval by January 2008. However, Commission members raised objections and cited critical concerns all stemming from TXDOT's refusal to study the direct impact on the local communities and their economies.

Last year, they even called on the FHWA to require the agency to conduct a supplemental study. It has been 20 months since the first meeting, and TXDOT has yet to file for final approval.

The corridor will take 146 acres per mile. The total length of the Texas I-35 corridor spans approximately 550 miles directly affecting more than 81,000 acres of private property and hundreds of small, rural communities. This direct impact, such as the division of award-winning school districts and cutting citizens off from emergency services, was never considered in the DEIS.

Also, barely mentioned in the DEIS is the critical farmland known as the Blacklands Prairie. TXDOT's preferred route will destroy thousands of acres of the Blacklands, which is the heart of the local economies represented by the ECTSRPC. The Blacklands are considered to be some of the most productive and unique farmlands in the nation. They produce bountiful crops annually without irrigation making it a prized resource in modern America where water conservation is a key concern.

"The TTC destroys our farmlands and threatens our ability to feed our nation," commented local businessman and ECTSRPC director, Ralph Snyder, "yet TXDOT did not think it was worth mentioning in their environmental study."

In response, the mayors and school districts took a stand, right in the middle of the proposed superhighway. Now, they are calling on the Federal Highway Administration to reject the study in its entirety and begin anew, this time taking the local concerns into account. According to the Texas Administrative Code, the three year window to complete the study expired as of April 4, 2009, giving rise to the petition to reject the current study. "Significant changes have occurred since TXDOT started the original DEIS, and by law, they must begin a new one," stated Mae Smith, Mayor of Holland, Texas and president of the ECTSRPC. "Texans have lost confidence in this department so we are calling on the FHWA to delegate a new agent or conduct a new study themselves," Smith continued.

This past Legislative Session did not go well for TXDOT, which was up for reauthorization. The Legislature failed to pass legislation that would have continued the state agency. In addition, the Legislature failed to authorize Comprehensive Development Agreements necessary to continue the TTC I-35 project. And, prior to the 2009 Legislative Session, TXDOT launched a campaign renaming the TTC and promising the public significant changes to the original concept.

"All of these changes require the FHWA to begin a new study," claims Fred Grant, a consulting attorney with the commission. Grant believes that since the Legislature failed to reauthorize TXDOT, none of the provisions allowing construction of the Trans-Texas Corridor survived, which in turn left no authority for TXDOT to proceed with plans to construct TTC I-35.

"What these five un-paid mayor's and their school districts have done is remarkable," commented Margaret Byfield, executive director of Stewards of the Range, which helped the Commission organize. "They have taken on one of the nation's largest state agencies, a national agenda to build a road from Mexico to Canada, and international financiers looking to make millions from Texas drivers by exercising their local control authority."

The ECTSRPC filed the 27-page petition with FHWA on Thursday, June 18, 2009.

• TX Mayors Petition Press Release : 06-18-09

• Cover Letter to Janet Brown, FHA Texas Division Administrator

• June/2009: 2nd Petition to FHA

• May/2008: 1st Petition to FHA

For a copy of the petition and more information go to www.stewards.us

© 2009 ECTSRPC: ectsrpc.blogspot.com

EMINENT DOMAIN

ANARCHY vs. COMMON SENSE

By: Trey Duhon and Don Garrett
Citizens for a Better Waller County
Copyright 2009

One of our founding fathers and the second president of the United States, John Adams, once stated, “Property must be secured or liberty can not exist.” Adams understood perfectly well that property rights were the heart of the necessary liberties that would form the basis of our democracy. As Adams also stated, “"The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.” Private property rights were the cornerstone of the liberties which were essential to the success of our new society. For this reason, the founding fathers created the Fifth Amendment of the U.S. Constitution, which provides that “private property [shall not] be taken for public use, without just compensation.”

So you can imagine the surprise and shock of property owners across the country when the U.S. Supreme Court in 2005 dropped a bombshell on private property rights in America. In a 5-4 split decision in Kelo v. the City of New London (now known as the Kelo case), the U.S. Supreme Court ruled that a governmental entity can give the power of eminent domain to private entities for those entities to use in the name of “economic development”.

The case originated in 1998 when pharmaceutical company Pfizer built a facility next to Fort Trumbull and the City of New London determined that someone else could make better use of the land than the Fort Trumbull residents. The city handed over its power of eminent domain (which is the ability to take private property for public use) to the New London Development Corporation, a private entity, to condemn the entire neighborhood for private development. As the Fort Trumbull property owners discovered, when a private entity can wield government’s power of eminent domain and can justify taking property under the guise of “economic development,” all private property owners are in trouble.

Justice O’Connor wrote the dissent, which was joined by Chief Justice Rehnquist, Justice Scalia, and Justice Thomas. Justice O’Connor found that the majority had confused “public use” with “public purpose” as that term is used in the Fifth Amendment. In interpreting the Fifth Amendment, O’Connor wrote, “we have read the Fifth Amendment to impose two distinct conditions on the exercise of eminent domain: “the taking must be for a ‘public use’ and ‘just compensation’ must be paid to the owner. These two limitations serve to protect “the security of Property,” which Alexander Hamilton described to the Philadelphia Convention as one of the “great objects of Government.” Although the public may “use” the property after it is transferred and developed, that “use” is not a “public use” such as a road, a hospital, or a military base.

O’Connor recognized that the courts are ill-equipped to pass judgment on whether or not the public will be better off after the transfer of property. She succinctly summed it up by stating, “The specter of condemnation hangs over all property. Nothing is to prevent the State fromreplacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”

Sadly, Justice O’Connor was correct.

After Kelo, the neighborhood was condemned, the houses were bulldozed, and the developer subsequently failed to obtain financing, and today the land sits barren, a blight on the community and a substantial blow to the tax base of the city.

How can anyone say that the current state of the barren land is a “public use” or even a benefit to the public for that matter? So, how do we protect private property rights in Texas in a post-Kelo world? Especially with the Obama administration promising billions of dollars in infrastructure funds to states and local governments, all private property owners have cause to be concerned about whether they will be protected.

Since Kelo, 42 states have enacted legislation to restrict the use of eminent domain for economic development. The Texas legislature quickly responded by passing Senate Bill 7.

SB 7 prohibited the use of eminent domain for economic development, but left huge loopholes for things such as the Trans Texas Corridor, sports stadiums, or instances in which a city sought to “eliminate an existing harm on society from slum or blighted areas.” In addition, without a constitutional amendment to the Texas constitution, there is no guarantee that SB 7 will withstand a court test. Lastly, SB 7 did nothing to correct past problems with Texas eminent domain law.

What kind of problems were there with Texas eminent domain law?

Believe it or not, the attack on private property rights in Texas actually began long before the Kelo case. In 2004, the Texas Supreme Court’s decision in Hubenak vs. San Jacinto Gas Transmission Company further eroded property rights by making eminent domain easier for governments. Although previous law had required government to make a “good faith offer” in the initial stage of a condemnation, Hubenak changed that.

State law, according to the Hubenak ruling, authorizes the initiation of condemnation proceedings only if the two parties are "unable to agree" on a purchase price, and the Court found that any offer at all by a political subdivision satisfied the law's intent. Therefore, the government could make an offer on property for an absurdly low amount, and then initiate court proceedings once the owner rejected that offer. By removing the requirement for good faith negotiations with its Hubenak decision, the Texas Supreme Court tipped the balance further away from property owners to the benefit of the state. This ruling forces property owners to fight condemnation in court where the property owner is at a severe disadvantage, due to the fact that even if the property owner is successful in court, he is unable to recover attorney fees or expert witness fees (appraiser fees). Such a disadvantage forces most landowners to settle in order to avoid the high cost of litigation, which only serves to erode the damages a property owner will eventually receive.

HB 2006 sought to address the Hubenak case and the Kelo aftermath by 1) defining “public use”, 2) removing the legal presumption that any condemnation by a government entity is for “public use” by requiring proof of public use by the condemnor, 3) changing court rules so that a “bona fide offer” must be made initially, 4) allowing successful property owners to recover reasonable attorney fees in litigation, and 5) allowing landowners to recover compensation for “diminished access” that may result from a partial condemnation to a property.

As the Texas Public Policy Foundation determined, “HB 2006 is essential to reversing [the substantial erosion of private property in the last 50 years] and restoring the property rights of all Texans.” The Texas legislature agreed, passing HB 2006 by overwhelming margins in 2007.

Unfortunately, there was one person who disagreed – Governor Rick Perry, who vetoed HB 2006 without giving the Legislature an opportunity to override the veto. Perry made unsubstantiated claims that the diminished access provisions would substantially raise the cost of condemnation for local governmental entities. The Texas Public Policy Foundation correctly concluded, however, that the cost of paying these damages would have been less than what Perry alleged, and such cost was pale in comparison to the cost to property owners in having HB 2006 fail to become law.

Where do we go from here?

First, it is essential that the Texas legislature immediately pass a bill similar to HB 2006, providing the protections already referenced above, including 1)restoring the definition of “public use” to its traditional meaning, 2) eliminating the blight/slum loophole from SB 7, 3) place the burden of proof on the condemning entity to prove “public use and necessity”, and 4) That if a condemning entity does not use condemned property for the purpose for which it was initially condemned within five years of the date it was taken, then the property should be offered back to the original property owner at the price for which it was taken.

In the event of a gubernatorial veto, the Texas legislature must be prepared to immediately override it. It is also vital that the Legislature and Texans pass a constitutional amendment making it clear that property shall not be condemned for economic development, so that SB 7 and HB 2006 can withstand any constitutional challenge in court.

What is interesting is that Gov. Perry, who will be running for re-election next year and will likely face a strong challenge from Texas Senator Kay Bailey Hutchinson, has suddenly come to the realization that a constitutional amendment is needed as soon as possible to “protect private property rights” of Texans, as he announced with much fanfare on January 22, 2009, that he would be working for a constitutional amendment to protect Texans from the Kelo decision, something he clearly did not do in the 2007 legislative session.

Eminent domain is an ugly word to any property owner. Unfortunately, it is a necessary tool for the public good if it is for a true public purpose, and subject to public control. Nobody can deny that our state is experiencing unparalleled growth, as it is estimated that Texas’ population by the year 2030 will increase by 10 million citizens and the demand on our infrastructure will increase proportionally along with the need for goods and services. Transportation will be a key component to accommodating this growth.

Perhaps the inherent problem in eminent domain is the failure to recognize that for many property owners, receiving fair market value is not truly adequate compensation for their land. Awarding fair market value obviously ignores intangibles such as sentimental value, historical family significance, and the simple fact that some property owners don’t want to sell their property, regardless of the price, for various reasons. Therefore it is time that government re-examine its position on eminent domain and instead of offering incentives to private developers and public private partnerships, perhaps the government should offer them to the property owner at both the state and federal level.

Additional incentives could be given to the property owner in the form of tax abatements, credits, deferment, and in special cases mitigation in the event there is the use of eminent domain and condemnations proceedings. The notion of providing additional benefits to citizens that have made sacrifices for the betterment of our state or country is not a new one. For example, one of the many ways we recognize the sacrifice made by our military veterans is by providing benefits such as home loans at reasonable rates through the Veterans’ Administration.

Why not recognize the sacrifice of private property owners that have no choice in giving up their land for the greater good? Something must be done to recognize the intrinsic fact that fair market value is not always adequate compensation. There are several opportunities for providing this recognition. Property owners having their property taken under the law of eminent domain for local, state, and or federal use should be exempt from federal capital gains and state income tax on the proceeds from the actual land and/or improved property taken. Since the property owners did not ask that their property be taken, is it fair that they be further penalized by having to reduce their net proceeds on their unwanted gain by capital gains, state income tax, or franchise tax obligations?

Should there be an agriculture exemption on the property at the time of taking then the remaining contiguous tracts or remaining parcels shall not be subject to roll back taxes in the event it is sold to a third party or the current owners wished to change the status of the exemption to something that is more suitable to the adjoining condemnation, such as new roads, parks, and other instances where it would be conducive to change the use of the land.

Therefore the property owner should be allowed to position himself without future penalty. In the event the remaining acreage is less than sufficient to qualify for an agriculture exemption by not meeting the gross acreage requirements, the parcel shall remain exempt. The status should remain until the property is conveyed to a third party that is not immediately legally related (by blood and or partnership structure) to the property owner and/or its use status changes. A transfer or sale to an immediate family member such as a wife, a sibling, spouse, child and/or grandchild should not change the status of the exemption.

Additionally, on rural and residential property the owner could be given a lifetime exemption on the remaining tract where the property value is frozen for the duration of their ownership similar to an age exemption after age 65, as long as the property is used as a primary residence. The property and/or parcel shall be defined by its dimension in a recorded lot, plat, or a legally described tract by the local appraisal district.

In the event that the taking subjects the property to negative conditions, the owner should be compensated not only for fair market value of the land taken, but also receive additional compensation on the remaining property for economic obsolescence. Excessive noises, pollution, congestion, and restricted access due to traffic patterns are examples that contribute to economic obsolescence. Economic or external obsolescence is defined by the American Institute of Real Estate Appraisers as “an element of accrued depreciation; a defect, usually incurable, cause by negative influences outside a site”. The difference in value is the loss attributed to this type of obsolescence.

Not all roads, easements, and other uses through eminent domain have a positive affect on real estate. A small business and/or rural farm where the actual taking totally consumes or destroys the owner’s ability to function should be offered the choice of mitigation or the elimination of acapital gains tax on their proceeds.

In the near future we will see more attempts to legitimize public private partnerships as an alternative method of financing public infrastructure projects. In the event a public private partnership is properly underwritten, property owners should be allowed to participate if they so choose. Unlike the Kelo situation where they were simply removed off of their property and compensated unwillingly, they should be offered the opportunity to participate in the economic profits of the project. The fair market value of their land could be treated as capital or equity contributed to the equity pool with guarantees that it be treated as the primary investor in the transaction (first in, first out).

Historically, the fight over property rights has always been a grass roots struggle, going back to when our forefathers chose to breakaway from King George. This struggle must continue today with the same vigor and passion lest we find ourselves with a Constitution being pushed into an abyss of irrelevance by self-serving interests and an indifferent government. We have a choice to make to restore parity in our legal system in regard to our diminishing property rights or sit idle and watch them become meaningless. Fair compensation and the legal process go hand in hand in restoring these rights to our property owners. As property rights deteriorate, so does the basis of our democracy and our American way of life. We must now decide if we will allow anarchy and tyranny to commence.

About the authors

Carbett “Trey” J. Duhon III
Trey Duhon is an attorney with a private practice in Waller, Texas, licensed since 1995. He currently serves as the president of the Waller Area Chamber of Commerce, in addition to serving as a director of the Waller County Toll Road Authority and as a director and vice president of Citizens for a Better Waller County. He was recently appointed to the Transportation Commission's citizen's Advisory Committee on the TTC-69. Trey graduated from Texas A&M University cum laude in 1992 and the University of Houston Law Center in 1995. He currently lives in the Fieldstore area just south of the Waller/Grimes County line with his wife, Jennifer.

Don M. Garrett
Don Garrett is a real estate broker, private investor, and consultant in Waller County, Texas. He has been a real estate professional for over 30 years and is a licensed real estate broker in Texas, Nebraska, North Carolina, and Georgia. During the ‘80’s he was responsible for liquidating a major bank portfolio in Houston, TX during the Savings & Loan Crisis. He is a board member and trustee of the Waller County Economic Development Partnership, president of Citizens for a Better Waller County, and was recently appointed as a director for the Waller County Sub-Regional Planning Commission. Don received his BS from Lamar University in 1970 and his M. Ed. from the University of Arizona in 1973. He and his wife Brenda live on their working farm near Hockley, TX.

© 2008 Citizens for a Better Waller County, P. O. Box 1802 Waller, TX. 77484: www.wallercountycitizens.org

Dan Byfield on "391" Commissions, TTC

Susan Rigdway Garry
Anti-Corridor/Rail Expansion (ACRE)

At its March 30 meeting, the Coupland Civic Organization heard a presentation from Dan Byfield, president of the American Land Foundation, a national property rights organization. Along with his wife Margaret, who founded another property rights group Stewards of the Range, Byfield was instrumental in forming the “391 Commissions” in Texas to fight the Trans-Texas Corridor.

The first “391” was founded in 2007 in Bell County—the East Central Texas Sub-Regional Planning Commission (ECTSRPC). One of its members is the City of Holland, and also speaking at the meeting were Mae Smith, mayor of Holland and president of the ECTSRPC, and Ralph Snyder, a Holland businessman and a director of the ECTSRPC. Snyder and his wife Marcia helped found the ECTSRPC.

Coordination

Byfield recounted that two-and-a-half years ago, he discovered a requirement in a Texas statute that TxDOT and other state agencies must “coordinate” their planning with local planning commissions. The requirement is in Chapter 391 of the Texas Local Government Code, hence, the name “391 Commissions.” He said, “I told Ralph we needed to start a commission. Ralph started meeting with officials in his area [eastern Bell County], formed the commission, and state agencies started coordinating with this commission.”

There must be two incorporated cities, two counties, or one city and one county to start a “391,” and then other entities such as school districts can join. The ECTSRPC began with Holland, Bartlett, Little River-Academy, and Rogers and then added their school districts.

TxDOT at bay--environmental process

Byfield said, “For two years now we have held TxDOT at bay. There’s no Corridor through our jurisdiction. We put a 30-mile-hole through the Corridor; they’re not going to build a road with a 30-mile gap.” The ECTRPC and Buckholts residents became concerned that TxDOT might bypass Bell County by going farther east through Buckholts, so Buckholts joined the ECTRPC, thus gaining its protection.

The ECTSRPC has stopped the Corridor through the environmental process. TxDOT cannot proceed until the Final Environmental Impact Statement (FEIS) for Tier 1 is out. Snyder said, “There were 26 items that TxDOT was obligated to do that they didn’t do. We asked for a supplement to cover these items.”

The ECTSRPC made a formal demand that TxDOT stop the development of the Corridor and restudy it in a supplemental environmental study. The FEIS is still at the Federal Highway Administration, and Snyder says, “If they don’t approve it in the next couple of months, they have to start over.”

Mayor Smith and Ralph Snyder on Texas T-bone high-speed rail

Mayor Smith asked, “Why destroy the Blackland that you cannot replace? Stand up for your land! A statute is on the books that they have to listen to us. When we call, they come to Holland, Texas. We are 45 percent of Bell County.”

She also is concerned about the latest high-speed rail proposal, which is called the Texas T-Bone. A line will run through the state north to south, with a line coming toward it from Bryan that “T’s” into the north-south line in the Temple area. This line would damage the rural areas of Bell County represented by the ECTSRPC.

About high-speed rail, Snyder asked, “Who gets to pay for the planning, for the studies, for the state’s loan to foreign companies, for the decreased value of land on each side of it? We do!”

The ECTSRPC asked for our support in their fight against high-speed rail. They appreciated that the Coupland area had fought the previous high-speed rail proposal, and also that we were among the early opponents of the Corridor.

Legislative attempts to abolish "391's"

About possible attempts in the Legislature to abolish the “391’s,” Byfield said, “There is coordination language in federal statute as well. The National Environmental Policy Act has coordination in it.” Also, he believes the state “can’t do away with the statute because the COG’s [Councils of Government] were created under it.”

To form a Sub-Regional Planning Commission, the cities and counties must be in the same Council of Government. Williamson is not in the COG with Bell County; it is in the Capital Area COG, along with the counties of Bastrop, Blanco, Burnet, Caldwell, Fayette, Hays, Lee, Llano, and Travis.

Eminent domain

Regarding eminent domain in this legislative session, Byfield said there are eight bills and three constitutional amendments filed. He said there are some “good bills, supported by the Texas Farm Bureau, but they aren’t supported by the governor. We don’t know that we will see good legislation. This session is very important for rural Texas.”

Supporting "391's"

The speakers were asked, since Coupland is not incorporated, how we can participate in the Sub-Regional Planning Commission process. Snyder mentioned supporting the American Land Foundation and Stewards of the Range: “These two foundations operate on donations.” Mayor Smith added, “Support the commissions that are out there.” Currently, there are nine in Texas. News and descriptions of all of them are at www.391texas.blogspot.com

Attendees were given copies of Standing Ground, the publication of Stewards of the Range and American Land Foundation. You can view it online at www.stewards.us. The site of American Land Foundation is www.amland.us

© 2009 ACRE: acretexas.blogspot.com

Trans-Texas Corruption

March 2009

By Dan Byfield
Standing Ground

Despite what anyone may have read in the papers, the Trans-Texas Corridor is not dead. It simply has a new name. “Innovative Connectivity” sounds more like a creative science class on electricity, but it’s our state’s “new” approach to building toll roads in Texas.

There’s a reason for the name change and it’s not because the state of Texas woke up one morning with a grand new vision. The reason is the Texas Department of Transportation (TxDOT) and Governor Rick Perry had a public relations nightmare on their hands.

The nightmare started after the Texas Legislature passed a transportation bill during the last two weeks of the 2003 Legislative Session creating the Trans-Texas Corridor (TTC). When people realized what was in it – 4,000 miles of 1,200 foot-wide, 12-lane toll roads – they became enraged.

Two Legislative Sessions went by in 2005 and 2007, and nothing of consequence changed. Governor Perry, his transportation department, and their 50-year Spanish partner still had their master plan in place and were moving at warp speed.

There appeared to be nothing that could slow, let alone stop, this high-powered, elite project.

But, then amazingly, the press reported that Amadeo Saenz, the executive director of TxDOT, announced the TTC was “dead.” No, that’s no accurate. What Amadeo Saenz said was: “The Trans-Texas Corridor, as a single project concept, is not the choice of Texans. So we’ve decided to put the name to rest.”

That’s what’s known as the Texas two-step. All TxDOT did was change the name because the TTC had become such a political liability. But listen to the rest of what Mr. Saenz said.

“As of today (January 6, 2009), we are unveiling a new corridor program that makes use of all the innovative project development tools we have. This new plan, called Innovative Connectivity in Texas/Vision 2009 (now that’s real catchy) will usher in this new method of operation. Projects that had been developed under the heading of the Trans-Texas Corridor will now become a series of individual projects. To be clear: the Trans-Texas Corridor as it was known will no longer exist.”

Clearly, Amadeo was under a lot of stress and strain. The Texas Legislature was going into session exactly one week after this grandiose announcement and a few legislative members were calling for the elimination of his position. Clearly, TxDOT and the TTC were going to be the center of attention and without the ousted Speaker Craddick at the helm in the House, Governor Perry had to do something to head off the angry mob that was about to lynch his pet project.

It was a shrewd political maneuver that not only more than likely saved TxDOT’s and Saenz’ collective necks, but gave cover to every politician from the Governor on down to say the “TTC is dead.”

The announcement did exactly what the Governor wanted – it minimized public criticism, relieved immediate pressure to do something politically, and gave those who don’t want anything to change the opportunity to get through 140 days with no real deal busters so they can continue their scheme immediately upon the Legislature leaving Austin.

TTC Cash Cow

There’s another reason why the TTC isn’t dead. Over the past two Legislative Sessions, 67 lobbyists have been paid more than $6 million to make sure the TTC remained intact. Then, there are the dozens of corporate contributors making campaign contributions to all those legislators on the transportation take including Lt. Governor David Dewhurst at $466,850, Governor Rick Perry raking in $354,450, and that back-stabbing Senate Transportation Committee Chairman John Carona stuffing his pockets with $41,000 – just to name a few. (Click Here to View TTC Recipients Charts )

Since the TTC statute was passed, TxDOT, according to their own Web site, has spent an impressive $131 million, including $30.7 million in the fiscal year that ended August 31, 2008, just on engineering and environmental studies. The total includes $59.4 million for the I-35 corridor, $67.9 million for the I-69 corridor, with a few more million on other toll roads and loops around major metropolitan areas that will complete the TTC from one end of the state to the other.

TxDOT also received a $25 million payment from Cintra, the Spanish consortium in 2005, to build the 300-mile 130 toll road from east of San Antonio to Oklahoma parallel to I-35. The road isn’t supposed to be part of the TTC, but it’s as close to the preferred route as they have come and already has 90 miles constructed. Cintra will receive toll revenue from the project for the next 50 years. TxDOT is now saying 130 will be expanded to become the TTC 35, but that’s only speculation at this point.

Local People Fight Back

The real nightmare for TxDOT and the reason they had to divert the heat came as a direct response to four small, rural communities that took the advice to form sub-regional planning commissions and demand coordination.

With all the lobbyists, attorneys, engineers, and politicians working diligently to get this corrupt project off the ground, they failed to notice one obscure, but powerful state law. A law that has forced TxDoT, Texas Parks and Wildlife, and the Texas Commission on Environmental Quality to the table of local people to coordinate their plans and policies.

We discovered Chapter 391 of the Texas Local Government Code that allows cities and/or counties to form regional planning commissions for just about any purpose, including transportation. The most important and brilliant section of that statute happened to be added by State Representative Rob Junell (D-San Angelo) in 2001. It reads:

“In carrying out their planning and program development responsibilities, state agencies shall, to the greatest extent feasible, coordinate planning with commissions to ensure effective and orderly implementation of state programs at the regional level.” §391.009 (c), Texas Local Government Code.

None of the politicians and lobbyists knew we had found the language that gave local government the power to force the almighty Texas Department of Transportation to the table and begin coordination proceedings. We knew prior to the beginning of the 2007 Session, but we told no one.

First 391 Commission Formed

After the Session ended in May of 2007, we met Ralph and Marcia Snyder, who had been fighting the TTC for years, but were frustrated because nothing was working to stop the toll road. We explained the 391 statute to Ralph and off he went to sell the idea to his local city and school leaders.

Within a few weeks, the cities of Bartlett, Holland, Little River-Academy, Rogers, and their school districts formed the first of nine sub-regional planning commissions. It was called the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC). TxDOT was immediately notified and by October of 2007, they held their first coordination meeting with the state transportation department. It was the first time in five years TxDOT was not in charge of a meeting dealing with the Trans-Texas Corridor.

The ECTSRPC has not only met with TxDOT, but Texas Parks and Wildlife, the Environmental Protection Agency, Region 6, the Texas Commission on Environmental Quality, the Natural Resources Conservation Service, and have a third meeting scheduled with TxDOT in February.
Overall, the ECTSRPC has pointed out specific violations of the National Environmental Policy Act with a 26-page indictment of everything they have failed to do through their Environmental Impact Study. That document has also been sent to the Federal Highway Administration requesting a supplemental Environmental Impact Study be done. The local group instigated a federal study through NRCS that should have been done by TxDOT, but never was, showing how construction of the massive toll road will destroy critical prime farmland known as the Blackland Prairie. And, they have set the precedent for other 391 commissions to demand state and federal agencies coordinate this transportation project before any concrete gets poured.

Other 391’s Formed

The second 391 commission to form on the I-35 Corridor was the South Central Texas Sub-Regional Planning Commission southeast of San Antonio, Texas. The city of St. Hedwig and Wilson County formed the planning commission in the summer of 2008. Since then, they have added Marion City, Guadalupe County, and the East Central Independent School District. They are looking to add one more city and two more school districts to their commission.

Kathy Palmer, president of the commission stated: “We decided to meet with our neighbors and form a commission when we realized state officials were planning a Trans-Texas Corridor route that bisected our city — and nobody at the state level had contacted anyone at St. Hedwig to discuss it.”

Since forming, Palmer says coordination works. The SCTSRPC met with TxDOT in which the state engineer for the TTC project admitted the local group was better organized and “further along” in their planning stage than ever realized. Their meeting with TxDOT is the first time they’ve been able to express any meaningful issues with the state agency. “We in the St. Hedwig, Wilson County area and our neighbors will no longer be ignored when it comes to federal and state agencies making changes in our area without them first having a true understanding of what those changes mean to our citizens,” stated Palmer.

TxDOT has agreed to a second meeting in February. TxDOT has also agreed to use the 391 commission for “local” input and not go through the state-created advisory committees. “That is a major concession we were able to get from the state because we used coordination,” stated Palmer.

I-69 Corridor

TXDOT has a second high priority TTC corridor that runs along the eastern side of the state, bypassing Houston and connecting to Louisiana and Oklahoma. When the I-69/TTC was initially planned, it was to be a new Interstate that connected through several states ending in Indiana. TXDOT converted the project into a TTC superhighway, changing what was once a needed highway into a Texas sized controversy. The people didn’t want it, and turned out by the thousands to the public meetings to protest.

While the agency was finishing up their public hearing process on the Draft EIS for the corridor, four sub regional planning commissions were also forming along the route. The first two that organized, the Trinity Neches Texas Sub-Regional (TNTSRPC) and the Piney Woods Sub-Regional (PWSRPC) immediately noticed TXDOT that they would be required to coordinate the project with them. Both Commissions were in the path of the preferred new corridor alternative being pushed by TXDOT.

TXDOT made its first major slight of hand and publicly announced they would no longer be considering the new corridor as their preferred route. They then used this public stunt as a reason to tell the new Commissions that meeting with them was unnecessary, because they were no longer in danger.

The Commissions disagreed, and while TXDOT was arguing the need to meet with TNT, EPA Region 6 didn’t hesitate to hear from the local communities. TNT prepared a workbook for the agency with statements and detailed accounts from their school districts, sheriffs, water districts and other entities as to the human impact that would occur in the area which TXDOT had failed to study as required under the federal law.

When TXDOT finally agreed to meet with TNT, they brought with them a representative from the Federal Highway Administration. The Chairman of the Commission, Bob Dockens, asked the FHA rep if would provide a letter to the TNT which backed up his statement that the new corridor alternative was off the table. The rep said that he couldn’t make that guarantee from the FHA.

Connie Fogle, who spearheaded the effort to form TNT and the PW, says the TNT Commission has no plans to go away. In fact, they have now held their second meeting with TXDOT and are preparing for more.

The Piney Woods Commission took it a step further. In their first meeting with TXDOT, Doug Booher who is in charge of the environmental study, committed to President Hank Gilbert that the Commission would see the final EIS before it was sent to the FHA for approval – a clear signal that TXDOT understands its coordination duty to the local commissions.

TxDOT Responds

Immediately after the first 391 commission formed, TxDOT was on the defensive. For the first time, local people had a voice. TxDOT began with announcing several changes.

1. Agency Regulations

After being notified by the ECTSRPC that TxDOT had ignored local governments and would now be required to coordinate their plans with them, TxDOT rolled out a new set of Transportation regulations trying to undermine the authority of the 391 commissions.

These new regulations actually contained language that TxDOT would “coordinate with local communities” and gather advice from rural areas. However, the agency reserved the right to ignore their input. Not the case under Chapter 391 of the Texas Code where the agency must coordinate – defined as equal in rank and order, not subservient -- with the local governments. We still had TxDOT in a bind they could not ignore. They are required by state statute to coordinate their plans and policies with every 391 commission.

2. Advisory Committees

Then, in another effort to try and prevent from having to meet with local commissions, TxDOT formed Corridor Advisory Committees and Corridor Segment Committees to get “input from local leaders and various segments of the community.” However, TxDOT appointed the individuals that would serve on these “advisory” committees and had no obligation to listen to or take their advice. This was in direct response to the demands placed upon them by the 391 commissions requiring they coordinate their plans and policies. If need be, TxDOT wanted to be able to explain to a judge that they were “coordinating” with local people through their “ordained” advisory committees.

3. Rural Planning Organizations

TxDOT then came up with yet another scheme to make it appear as though they too had rural planning committees that were “advising” them on rural issues. They decided to use existing state Councils of Governments (COGs) to implement a new strategy called Rural Planning Organizations (RPOs), which would design transportation plans for rural areas outside the metropolitan areas of the state.

Amadeo Saenz said TxDOT had come up with federal dollars to reimburse the COGs to implement these RPOs and would be asking the state Legislature to codify their idea into law during the 2009 Session. Again, these RPOs are TxDOT’s attempt to thwart what the nine sub-regional planning commissions have forced them to do through coordination.

4. The I-69 Corridor “Dead”

Witnessing the effectiveness of the ECTSRPC on I-35 Corridor, local governments in East Texas formed three more 391 commissions for the I-69 Corridor. Once these commissions started forming and demanding coordination, TxDOT released a statement saying they would no longer be building a new corridor for I-69, but would instead use existing roads and highways for the project. This new strategy was designed to quiet the opposition to the new corridor, at least until the elections passed.

While many bought the public relations ploy, the Trinity-Neches Texas SRPC (TNT) and the Piney Woods SRPC weren’t fooled. TNT requested a letter from TxDOT’s Lufkin District Engineer confirming in writing that the new corridor was off the table.

What they received instead was acknowledgement that the new corridor would still be a part of the Final Environmental Impact Study (FEIS). The regulations allow an agency to change their alternative after the study has been finalized, as long as the route was studied in the original FEIS. TxDOT’s slight of hand was exposed and people realized they were just trying to deflect any opposition to their plan.

Later, the FHA representative refused to provide TNT with a letter confirming that the new corridor alternative would not be considered by the FHA.

5. The “TTC is Dead”

Then came the final announcement that the TTC was “dead” as explained above. For one and a half years, four 391 commissions have forced TxDOT into playing defense. Every time a commission has had a coordination meeting with the state, they have gone back to Austin and devised yet another plan to avoid accounting for the true impact of their super-corridor plans. This latest ploy of announcing the TTC is dead proves local people have tremendous power when they are organized and utilize the law in their benefit.

Coordination Times Nine

To date, there are nine 391 Commissions formed in Texas, with at least one Commission on each of the 3 north-south corridors. The Eastern Central Commission has since increased its jurisdiction by adding one more town and their school district placing a 30-mile wide gap in a critical part of the path of the I-35 super-corridor.

Chapter 391 of the Local Government Code requiring state agencies to coordinate with local governments will likely come under attack during the 2009 Legislative Session. Governor Perry cannot tolerate his pet project being derailed. There has been too much money paid to him, other politicians, lobbyists, and the state just to throw in the towel.

People have found a way to fight back. Hopefully, if the law gets changed those commissions that formed will be grandfathered and those areas will be able to continue the fight.

But, had it not been for the bravery of four small, rural towns in Bell County, Texas, with a combined population of less than 6,000 forming the first 391 commission, the condemnation of private property for the corridor would have already begun and pavement would have been poured.

How this fight will ultimately be resolved is unknown, but the Commissions have prepared the necessary groundwork to challenge the project in court and TxDOT has sufficiently ignored enough laws to make even the most hesitant judge skeptical of the state’s agenda.

Stewards of the Range and the American Land Foundation are committed to going the distance with the sub-regional planning commissions. For them, it is a matter of losing their local economies and way of life. For us, it is about losing more of our national sovereignty and private property. For every American it is about further eroding our economy and security.

Thankfully, the unassuming phrase “coordination” was waiting to be used, and once revealed, these local officials didn’t hesitate. The job is far from over, but as Kathy Palmer said: “We’re not going to back down” and TxDOT and our governor know it.

Click Here to View TTC Recipients Charts

Standing Ground is published by: Stewards of the Range, American Land Foundation & Liberty Matters
Executive Editors: Dan and Margaret Byfield
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© 2009 Standing Ground: www.standingground.us

Coupland Civic Organization to host local speaker

3/29/09

Taylor Daily Press

Dan Byfield, president of the American Land Foundation, a national property rights organization, will speak to the Coupland Civic Organization Monday in the Fellowship Hall of St. Peter’s Church of Coupland. The Coupland Civic Organization will host a spaghetti supper at 6:30 p.m. and the program will begin at 7 p.m.

Byfield will discuss the “391 Commissions” that he has formed in Texas to fight projects like the Trans-Texas Corridor. In addition to discussing helping local communities fight for their property rights, Byfield will also speak on related legislative issues, such as eminent domain.

Byfield has worked on property rights, water and natural resource issues as a legislative staff member. He has lobbied on behalf of agriculture for the Texas Farm Bureau. He did legislative work on property rights matters in New Mexico, Texas, and Washington for the Farm Credit Bank of Texas. In 1993, he formed the American Land Foundation. The American Land Foundation assists landowners and other property rights organizations nationwide.

© 2009 Taylor Daily Press: www.taylordailypress.net

Bills filed in the Texas Legislature would impact Sub-Regional Planning Commissions

H.B. No. 3552

By: Bonnen

A BILL TO BE ENTITLED

AN ACT relating to the composition of certain regional planning commissions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.003, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), any [Any] combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or
other means, to establish a commission.
(a-1) A county with a population of 240,000 or more that borders the Gulf of Mexico may agree to establish a commission as provided by Subsection (a) only with:
(1) counties with a population of less than 3.3 million that are located within 100 miles of the Gulf of Mexico;
(2) municipalities located wholly within a county described by Subdivision (1); or
(3) counties and municipalities described by Subdivisions (1) and (2).

SECTION 2. Not later than November 1, 2009, any county described by Section 391.003(a-1), Local Government Code, as added by this Act, participating in a regional planning commission that does not comply with Section 391.003(a-1), Local Government Code, as added by this Act, shall withdraw from the commission.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

Link to House Bill 3552: HERE

S.B. No. 1471

By: Gallegos

A BILL TO BE ENTITLED

AN ACT relating to the composition of certain regional planning commissions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.003, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) Except as provided by Subsection (a-1), any [Any] combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or other means, to establish a commission.
(a-1) A county with a population of 3.3 million or more:
(1) may agree to establish a commission as provided by Subsection (a) only with municipalities located wholly or partly in the county; and
(2) may not establish a commission with another county.

SECTION 2. Not later than November 1, 2009, any county described by Section 391.003(a-1), Local Government Code, as added by this Act, participating in a regional [Previous Hit] planning [Next Hit] [Previous Hit] commission [Next Hit] that does not comply with Section 391.003(a-1), Local Government Code, as added by this Act, shall withdraw from the commission.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

Link to Senate Bill 1471: HERE

House Bill 4511

By: Coleman

A BILL TO BE ENTITLED

AN ACT relating to the composition of certain regional planning commissions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.003, Local Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) Except as provided by Subsection (a-1), any [Any] combination of counties or municipalities or of counties and municipalities may agree, by ordinance, resolution, rule, order, or other means, to establish a commission.
(a-1) A county with a population of 3.3 million or more:
(1) may agree to establish a commission as provided by Subsection (a) only with municipalities located wholly or partly in the county; and
(2) may not establish a commission with another county.

SECTION 2. Not later than November 1, 2009, any county described by Section 391.003(a-1), Local Government Code, as added by this Act, participating in a regional planning commission that does not comply with Section 391.003(a-1), Local Government Code, as added by this Act, shall withdraw from the commission.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

Link to House Bill 4511: HERE

Local input received on area mobility plan

2/28/09

Trinity Standard
Copyright 2009

TRINITY – A handful of suggestions for changes and additions to the local highway system were presented last week during the first of three public forums hosted by the Trinity-Neches Texas Sub-Regional Planning Commission (TNT).

Additional traffic control lights and an overpass were the needs listed by the public during the meeting regarding a draft transportation study being prepared by TNT.

During the meeting, TNT Member-at-large Connie Fogle explained that the study was being developed as a means of countering what the Texas Department of Transportation (TxDOT) formerly called the Trans-Texas Corridor (TTC).

“State law says TxDOT’s plan must be compatible with our plan,” Fogle said. “That’s why were here today. We want to draft a mobility plan for the Trinity, Groveton and Corrigan areas and we want the public’s input.”

Fogle noted the TNT was organized last year as a means of fighting TxDOT’s plans to route the massive TTC highway system through Trinity County. By drafting a mobility plan for the area that does not include the proposed new highway route, she indicated TNT would have additional ammunition in their battle.

Fogle told the group of about a dozen audience members that while the Texas Department of Transportation (TxDOT) has agreed that the name “Trans-Texas Corridor” is dead, the proposed route through Trinity County is not.

It was noted that in TxDOT officials have agreed to “use existing highway right-of-ways” such as U.S. 59 through East Texas for the proposed I-69 connecting Mexico to Canada, new right-of-way through Trinity County is still included in TxDOT Draft Environmental Impact Statement (DEIS) that it plans to submit to the Federal Highway Administration.

“The public didn’t like the name Trans-Texas Corridor, so (TxDOT) changed its name; and the public didn’t like the 1,200-foot-wide footprint, so they decided to narrow it where they can, but they’re still sending in the environmental impact statement as is,” Fogle said.

It was noted that some TxDOT officials now refer to the route through Trinity County as “I-69 Alt.” or alternate Interstate 69.

Fogle said the TNT will continue to work to halt the TTC and I-69 Alt. route and was seeking suggestions for things to include in the transportation plan they are now preparing.

“This is a work in progress. We will be taking suggestions tonight and at public forums planned in Groveton and Corrigan. We also will be taking written suggestions,” she added.

Among the suggestions presented during the Feb. 19 meeting, was the installation of a traffic control light on Highway 19 in front of the Trinity Brookshire Brothers grocery store.

Trinity Mayor Lyle Stubbs noted the city has been asking TxDOT for years for such a light but has always been turned down.

“They’ve got the traffic data and information on the number of accidents that have occurred there, but we still don’t have a light,” he said.

Stubbs also noted that in the past the city has asked TxDOT to put in an overpass to allow traffic on Highway 94 to cross the railroad tracks.

Stubbs, who also is a member of the Trinity Volunteer Fire Department, noted there have been incidents in the past where a train passing through the city has prevented firefighters from responded to building and other fires.

He noted that to help solve this problem, TVFD not has fire-fighting equipment on both sides of the tracks.

However, since most firefighters work on the west side of the tracks during the day, there are times where not enough manpower can get to a fire when the tracks are blocked.

“We’re probably too small to get (an overpass) but it won’t hurt to ask,” Stubbs said.
Dee Dee King of the Saron Community near Trinity suggested a caution light be placed at the intersection of Highway 94 and FM 3188 northeast of Trinity.

“It’s a dangerous place and we need at lease a flashing light there to warn people,” King said.

Fogle noted that the second public forum was held in Corrigan on Tuesday, Feb. 24, and the third and final meeting was set for 6 p.m. Thursday, Feb. 26, at the Groveton City Hall, 115 W. Front Street.

She noted the Groveton meeting had originally been set for Feb. 17 but was rescheduled due to a conflict with a girls’ basketball playoff game.

Copies of the draft mobility plans are available at the Trinity, Groveton and Corrigan city halls. Written comments will be accepted through May 20.

After comments have been received, TNT will finalize the plan and publish notices in local newspapers. Copies of the final plan will be available at the city halls for public review.

Following a 30-day comment period on the final plan, the TNT will give their final approval and deliver it to state, federal and regional transportation agencies as well as to the governor’s office.

© 2009 Trinity Standard: www.easttexasnews.com

Revised corridor plans still under review

By CLAY COPPEDGE,
Country World News

In the wake of a recent announcement that the controversial Trans-Texas Corridor (TTC) proposal is dead, Texas Department of Transportation (TxDOT) officials have met with several sub-regional planning commissions to clarify what projects associated with the TTC will still go forward.

Members of the sub-regional commissions, which were formed in response to the corridor, have expressed concern that while last rites for the TTC have been announced, the Environmental Impact Statement (EIS) for the corridor has continued.

Doug Booher, an environmental specialist with the Texas Turnpike Authority, told the commission that the state EIS is continuing because individual corridor projects are still being planned.

“The documents for the EIS, as it relates to the Trans-Texas Corridor as a whole concept, have to be revised,” he said.

Mark Tomlinson, director of the Texas Turnpike Authority Division, said the TTC-35 and I-69 programs will go forward as individual projects rather than as part of a larger system. The turnpike division is responsible for toll roads and other financing options for TxDOT.

The TTC-35 project calls for a highway running roughly parallel to Interstate 35 from the Red River to the Mexican border. The I-69 project would create a highway running from Texarkana to Laredo or the Rio Grande Valley.

“The overall goal of the (EIS) document is the same,” he said. “How we plan to implement the projects has changed. For example, the overall width of the corridor projects still under consideration was conceptualized at 1,200 feet but are now closer to 600 feet.” He added that the proposed paths haven’t changed, and that the widths weren’t considered when the first proposed routes were drawn.

Gov. Rick Perry first proposed the TTC in 2002 as a $175 billion, 4,000-mile network of highways, rail and communication lines through the state. The elaborate system was designed to ease overcrowding on current highways and accommodate future growth.

The plan was controversial from the first. The massive amount of land needed for the project drew critical attention from farmers, ranchers and rural landowners.

Agriculture groups, such as the Texas Farm Bureau and others, spoke out loudly against the proposal at a series of public hearings to gather public input on the TTC.

Fred Kelly Grant, a lawyer and legal adviser for the sub-regional planning commissions, asked the officials if they have worked within the provisions of the Farmland Protection Policy Act in drafting the EIS.

“That (Farmland Protection Policy Act) is not the only factor we have to consider,” Tomlinson said. “We looked at unique farmland on both sides (of Interstate 35) but we also have to look at the Endangered Species Act, which comes into play a lot more on the western side of the highway. Until it’s an actual project, we can’t say for sure how the Farmland Protection Act will come into play.”

Richard Skopic, district engineer for TxDOT, said the federal stimulus plan could have an impact on TxDOT’s ability to fund projects like TTC-35 and I-69, but added that it is too early to tell what impact, if any, it will have.

“Part of the plan, as it stands now, calls for $27 to $30 billion for highways, bridges and transportation,” Skopic said. “I think we could expect Texas to get just under $2.5 billion. When you look at that amount of money, it’s less than what we spent on similar projects over the last five years.”

TxDOT Executive Director Amando Saenz announced at a transportation conference in Austin last month that the name Trans-Texas Corridor, as a single-project concept, is not the choice of Texans and that the name will be put to rest. He also announced the Innovative Connectivity in Texas/Vision 2009 program, which includes a policy of meeting with local groups for input on transportation projects.

Dan Byfield with the American Land Foundation, a private property rights group that advises the sub-regional commissions, said that TxDOT has held several meetings with the local commissions.

“The Pineywoods group got a letter from Amando Saenz saying that the department looks forward to working with them on the I-69 project,” he said. “That’s a step in the right direction.”

© 2009 Country World News: www.countryworldnews.com

TxDOT agrees to work with county group on project

Waller County News-Citizen

WALLER – In a letter dated Jan. 21, addressed to the Waller County Sub-Regional Planning Commission, Amadeo Saenz Jr., executive director of the Texas Department of Transportation, agreed to coordinate with the WCSRPC in regards to the plans and programs of the I-69/TTC project.

“We welcome the opportunity to work with your group on transportation issues that are important to Waller County citizens,” Saenz stated in his letter.

The letter further details that Saenz has instructed TxDOT Houston District staff to coordinate these efforts with the WCSRPC and to arrange a meeting, because the Houston District is best positioned to understand regional issues.

“This is a significant step in the process for Waller County citizens and the WCSRPC,” stated Maurice Hart Jr., president of the WCSRPC.

“As long as Waller County remains on the Environmental Impact Statement for the I-69/TTC project as an alternative route, we are going to require TxDOT to coordinate with us so that any potential project that is done in our area is consistent with the transportation and mobility plans and goals of our area and of our citizens,” Hart added.

Trey Duhon, vice president of Citizens for a Better Waller County, feels that this is a significant accomplishment for the WCSRPC, “This letter shows that TxDOT is acknowledging Chapter 391 of the Texas Local Government Code. Waller County now has the ability to sit at the table with a state agency like TxDOT as equal partners in the transportation process. The ultimate winners will be the citizens of Waller County. CBWC is extremely pleased that coordination efforts are now moving forward.”

Despite recent announcements by TxDOT that the Trans Texas Corridor project is dead, Duhon expressed caution, “After many years of working against the Trans Texas Corridor, the recent announcement is encouraging, but we can not let our guard down. The recent announcement seems to be more of a name change than anything else. As long as Waller County remains on the EIS as an alternative, there is a danger to our area. We have gone too far to relax now and get caught off guard. The WCSRPC will be an effectively tool to monitor TxDOT's real intentions.”

The WCSRPC was initially formed in April of 2008 by Waller County and the cities of Waller, Pine Island, and Prairie View. Since that time, the city of Pattison has become a member along with Waller ISD and the Brookshire Katy Drainage District, which became new members at the commission meeting that was held on Feb. 2. Don Garrett, president of CBWC, has also been appointed as a non-elected citizen director.

Hart stated, “We still have standing invitations to the cities of Hempstead, Brookshire, Katy, Hempstead ISD, Royal ISD, Bluebonnet Water District, and Emergency Services District No. 200 to be a part of the process in joining the WCSRPC. This organization will facilitate communication between Waller County cities, the county, and other important entities so that we can all work together to improve the quality of life for all Waller County citizens in relation to any state or federal project in Waller County. With TxDOT’s agreement to coordinate, it is important for everyone to have a seat at the table. We are looking forward to our first meeting with TxDOT officials.”

The Commission also voted to extend an invitation to Katy ISD to join the WCSRPC.

The WCSRPC is also looking at zip codes issues in Prairie View and Pattison, in addition to drainage issues in Waller County.

For additional information and updates on the WCSRPC, you can visit their website at http://wallercountysrpc.blogspot.com. As soon as a meeting date with TxDOT is set, the website will be updated with that date and time. The WCSRPC meets regularly at 7 p.m. on the first Monday of every month at the Road & Bridge complex in Hempstead across from DiLorio's on Business Hwy 290.

Meetings of the WSRPC are open to the public.

© 2008 Waller County News-Citizen : www.hcnonline.com

TNT Committee meets with TxDOT concerning I-69, TTC issues

The Groveton News

The Trinity-Neches Texas Sub-Regional Planning Commission (TNT) met for the second time with TxDOT last week in Trinity.

TxDOT arrived with a large contingent of representatives. Among them were District Engineer, Dennis Cooley out of Lufkin and two other engineers, Doug Booher, an Environmental Specialist with TxDOT, brought two consultants from PBSJ and Joe Krejci with the U.S. Department of Transportation Federal Highway Administration, Texas Division.

TNT also had full representation: the Mayors of Trinity, Corrigan, and Groveton, representatives from the Commission’s Water Suppliers, School Boards, Cattle Ranchers, Members-At-Large and concerned citizens.

TNT gave Mr. Cooley and Mr. Booher a letter formally requesting that TxDOT rescind the I-69 Trans-Texas Corridor Draft Environmental Impact Study and that TxDOT start the entire process over including a study of the existing facilities alternative.

Connie Fogle said that TNT’s legal council, Fred Kelly Grant, Attorney and President of Stewards of the Range, prepared a Legal Analysis that was given to TxDOT, which stated:

“The Administration Must Resolve Objections as to Consistency Raised by the Sub-regional Planning Commission Prior to Issuing a Final EIS for Public Review and Comment”.

Fogle said, “If, in fact the TTC is dead, why waste more time and money sending a document to the Federal Highway Administration for approval of a project they do not intend to build?”

Three TNT Members-At–Large presented information to TxDOT: Dee Dee King gave a presentation on what the I-69 TTC will do to some of our Historical Cemeteries and Archeological Sites, Bill Fogle discussed the noise factor, which will make it un-inhabitable to live within one mile of the Corridor and Craig Whealy discussed numerous environmental issues.

Also on the agenda TNT approved forming a Transportation Planning Committee to study the mobility needs of the three cities that make up the Commission. Each city will have a separate Public Forum in February to gather input.

Fogle feels that TNT is very fortunate to have the guidance of The American Land Foundation and Stewards of the Range helping their Commission through the Coordination process.

© 2009 East Texas News News: www.easttexasnews.com

Rescind I-69 TTC from the FEIS

BEFORE it is sent to the FHWA

Connie Fogle
Trinity-Neches Texas SRPC

Our TNT Commission appreciates Mr. Boohers comments, but, what the Trinity-Neches Texas Sub-Regional Planning Commission is pursuing is for TxDOT to rescind the I-69 TTC altogether from the FEIS, before they send it on to the Federal Highway Administration.

Mr. Booher has stated that TxDOT cannot do what we asked without starting a new study all over again. Which is exactly what we feel needs to be done.

TNT's question for TxDOT is: why waste more tax dollars and time having a study approved, by the EPA and The Federal Highway Administration, for a plan which TxDOT does not really feel they will pursue?"

New Alternative to TTC Announced

By: Coleman Swierc
KTRE-TV

TRINITY, TX - Just weeks ago, the Trans-Texas Corridor plans were dissolved by the Texas Department of Transportation (TxDOT).

Today in Trinity, alternative plans were revealed. "They are going to pursue in writing, with the Federal Highway Commission, the upgrade of 59 to I-69," said Bob Dockens, President of the Trinity-Neches Sub-Regional Planning Commission, "and are going to, according to their statement today, abandon what was called the preferred corridor, the one that ran west of Houston and came through Trinity county."

In essence, the proposed Trans-Texas Corridor, was originally to run as a connector from I-10 west of Houston, through much of Walker, Trinity, and parts of Angelina county, was eliminated.

Now, TxDOT, is proposing the upgrade of U.S. Highway 59, to the new, Interstate 69.
"We are not going to recommend the study area that was in this area," said TxDOT representative Doug Booher, "we are going to recommend to the federal highway administration that the study area for I-69 be U.S. 59."

With the new proposal to upgrade 59, new environmental issues have come up.
Members of the Trinity-Neches Texas Sub-Regional Planning Commission questioned members of TxDOT, on their initial enviromental proposal, claiming crutial historical sites were overlooked.

TxDOT defended thier proposal, stating that the initial tier 1 analysis of the study area, was taken on a very broad range.

"The original study, was at a very high phase, and although it did consider those things, it did not drill down into the very high level of detail we would do if the project would continue into the second phase," said Booher.

They also assured the commission, that pending approval of the 59 upgrade, that TxDOT would consider environmental issues in much greater detail.

Booher reiterated, "If the project were to proceed, we would take into consideration all of the specific individual concerns, such as cemetaries, historic buildings, archealogical resources, wetlands, all manner of things."

Dockens and the committee seemed to agree, "I was very satisfied with the answers that Mr. Booher gave us today."

According to TxDOT, an announcement on the new environmental issues and upgrade possibilites to 59, will be announced in the following months.

© 2008 KTRE-TV: www.ktre.com

PWSRPC Hosts Meeting with TxDOT, EPA Feb 5th

Press Release
Piney Woods SRPC
Copyright 2009

The Piney Woods Sub-Regional Planning Commission (PWSRPC) took another step in the process of maintaining local control of future highway construction during a meeting held with TxDOT representatives last week.

The over-flow capacity crowd of public supporters caused the PWSRPC-TxDOT meeting to be moved to a much larger meeting room in the Nacogdoches County Courthouse Annex. This did not miss the attention of the three TxDOT officials, two of which were from the Austin Office, and the panel of consultants TxDOT brought with them, as nearly a hundred local citizens turned out to hear the Planning Commission's President, Hank Gilbert, grill TxDOT as to their plans.

Doug Booher, 'on the scene' Environmental Manager stated, "We're not going to pursue the 4,000 mile network. We are going to continue to pursue two individual projects; one of them would be the I-35 corridor project and the other one would be the I-69 corridor project."
When asked the question from the attending audience about a loop that once was planned to go around the West side of Nacogdoches, Booher stated, "I'm sure those plans would be dusted off and looked at again."

He also stated the name 'Trans Texas Corridor' would be 'phased out' and mentioned several times that tolling and public/private partnerships (by foreign investors) would still be an option in TxDOT's transportation plans.

Hank Gilbert also expressed to PWSRPC members that he is concerned about legislation Governor Perry may try to pass that would eliminate SRPC's, such as the Piney Woods. "We have people watching out for such legislation and if it is introduced, we will need for the citizens of Texas to call their Representatives and let them know that they want to keep their local SRPC's," Gilbert stated.

The strong show of public support for the PWSRPC's meeting with TxDOT validates the desire of the public for input and information.

The NEXT Piney Woods Sub-Regional Planning Commission meeting will be with the Environmental Protection Agency (EPA) Representatives on Thursday, February 5, at 10:00 a.m. in the Nacogdoches County Annex.

This will also be an open meeting and the public is urged to attend. As Board Member Larry Shelton has stated, "You are either at the table or you are on the menu."

© Piney Woods Sub-Regional Planning Commission: www.pineywoodssrpc.blogspot.com

Despite name change, TTC still exists

Nannette Kilbey-Smith
Wilson County News

ST. HEDWIG — As the Texas Department of Transportation (TxDOT) unveiled its “updated vision” for the Tran-Texas Corridor (TTC) Jan. 6, members of the South Central Texas Sub-Regional Planning Commission (391 Commission) watched with interest.

The commission formed to coordinate with TxDOT on transportation issues and concerns in the local area, primarily the impact of the TTC.

“The Trans-Texas Corridor, as it was originally envisioned, is no more,” TxDOT spokesman Karen Amacker told San Antonio’s WOAI News that day.

“Texans have spoken, and we’ve been listening,” said TxDOT Executive Director Amadeo Saenz in Austin, quoted in a TxDOT press release. “… I believe this transformed vision for the TTC and other major corridor development goes a long way toward addressing the concerns we’ve heard over the past several years.”

The local 391 Commission held its regularly scheduled meeting in St. Hedwig the following day. High on the list of updates were the latest revelations on the TTC. Commission President Kathy Palmer of St. Hedwig cautioned all present against celebrating the end of the TTC just yet.

“Yesterday, it was reported that the TTC was dead,” Palmer told members. “Actually, what’s dead is the name. The concept is still in place.

“It’s a little different,” she continued, adding that the width of the proposed transportation corridor has been scaled down from 1,200 feet to no more than 600 feet.

“Now, rather than a single-concept project, this will be a series of projects,” Palmer said. TxDOT will refer to the smaller projects by their segment names, for example, State Highway (S.H.) 130 or Loop 1604.

“They’re still thinking of the corridor as a whole to move goods from seaports to the north,” Palmer said. “San Antonio to Dallas is the priority now.”

The reason for the renaming of the project, Palmer said, is that the Texas Legislature is beginning its new session.

“The TTC had such negative connotations, TxDOT feared the Legislature would pull all funding for it,” Palmer explained. “Unless the draft environmental impact study [now awaiting approval with the Federal Highway Administration] and all funding is pulled, all that we heard in the last four years on this project is still a possibility.”

The new name TxDOT is using for the project is “Innovative Connectivity in Texas|Vision 2009.” View the full document HERE.

New segment committees have been formed to discuss individual projects that comprise the TTC. Palmer told the commission new rules for segment committees had been adopted; new representation would be invited by TxDOT to share citizen concerns with the committees.

New representatives on the 391 Commission include Marion city Councilman James Gray, Guadalupe County commissioners Judy Cope and Cesareo Guadarrama III, and East Central Independent School Board (ISD) President Steve Bryant.

Other entities with invitations to join the commission include the city of La Vernia, the La Vernia ISD, and the Marion ISD.

In other business, members raised issues to discuss with TxDOT during the commission’s next workshop, Feb. 25. Items include:

• The potential increase in traffic from S.H. 130 on I-10 from Seguin to Loop 410 when S.H. 130 is complete.

• Landowner access on stretches of S.H. 130 in Guadalupe County where properties will be split by the proposed roadway.

• The impact on bus routes on small arterial roads within the East Central ISD if TTC construction begins.

• The impact of potential TTC construction on residential access in Wilson and Bexar counties on F.M. 3432 and U.S. 87.

• The impact of potential TTC rail and/or vehicular routes on the city of Marion, its school district, and its emergency services.

Members also agreed to cap the number of entities represented on the local 391 Commission; member entities can be municipalities, school districts, counties, and water utilities. At present, five entities are represented: the cities of St. Hedwig and Marion, Wilson and Guadalupe counties, and the East Central ISD.

Wilson County Pct. 4 Commissioner Larry Wiley expressed concern over the growth of the commission.

“If we get too large, we lose the interconnectivity we have with each other,” he said. “But I want to leave open the prospect for adding other entities that may need to join.”

“Some possible member entities already have a voice, because they have a seat at commissioners court,” Wilson County Judge Marvin Quinney said.

Bryant expressed concerns that Bexar County was not represented at the table, except by his district.

St. Hedwig city Councilman Susann Baker recommended capping the membership at eight entities and an adjustment to the bylaws to reflect this; the item met with full approval by the commission.

The 391 Commission will meet again Wednesday, Feb. 25, at 2 p.m. in the St. Hedwig City Hall. Although the meeting is open to the public, it will be a workshop with TxDOT; therefore, no public input will be permitted, Palmer said.

© 2009 Wilson County News: www.wilsoncountynews.com

TxDOT says TTC is dead; opponents not so sure

The Trinity Standard
Copyright 2009

AUSTIN – The death of the Trans-Texas Corridors (TTC) and the birth of a less ambitious highway plan was announced Tuesday by state officials in Austin.

During the Fourth Annual Texas Transportation Forum hosted by the Texas Department of Transportation in Austin, major changes in the state’s highway plans were unveiled.

Amadeo Saenz Jr., TxDOT’s executive director, said the ambitious proposal to create the TTC superhighways was being dropped and is being replaced by a plan to carry out road projects at an incremental, modest pace.

“The Trans-Texas Corridor, as it is known, no longer exists,” Saenz said.

The TxDOT official said the state will move forward with modification to proposed projects and will seek more input from Texans through additional town hall meetings and an updated Web site.

Saenz said the changes in the TxDOT plan are detailed in Innovative Connectivity in Texas/Vision 2009.

He indicated the change was in response to the large public outcry raised last year to the TTC proposal.

The plan called for up to 10 toll lanes – six for passenger vehicles and four for trucks – as well as six rail lines and a corridor to carry utility lines.

One of the TTC highways that was the center of heated opposition throughout East Texas was the Interstate 69/TTC. Under this plan, TxDOT proposed to extend I-69 through the region using the TTC concept.

Its proposed route would include a segment which followed the U.S. 59 corridor south from Nacogdoches through Lufkin down to Corrigan. There it would follow a new track westward through Trinity County south of U.S. 287 and then turn southeast near Trinity toward Walker County.

Under this plan, up to 5,800 acres of Trinity County land would be needed for the TTC right-of-way.

During a public hearing hosted Feb. 7, 2008, a standing-room-only crowd of opponents filled the Trinity High School gym to voice their concerns for the plan and the disruptions such a highway would cause.

In June 2008, TxDOT announced it was dropping the route through Trinity County and planned to stick to the U.S. 59 corridor all the way to Houston.

Saenz restated that position on Tuesday and noted that if the I-69 projected needed more lanes than currently existed for U.S. 59, the state will simply widen the roadway.

He added that should toll lanes be added to various roads, tolls would be assessed only on the new lanes and not those that currently exist.

Last year in response to the TTC plan, the cities of Trinity, Groveton and Corrigan formed The Trinity-Neches Texas Sub-Regional Planning Commission (TNT) to oppose the proposed TTC corridor through Trinity County.

State law gives commissions such as the TNT authority to negotiate highway changes with TxDOT and organizers hoped to use this power to challenge the TTC plan.

Connie Fogle of Trinity, a vocal critic of the TTC and a member of the TNT, said Tuesday that while she hopes TxDOT is being straightforward about the change, she and other TNT members have strong doubts.

“It would be wonderful if this were true, but I’m not so sure that it is,” she said, adding that in the past, TxDOT has played a game of “smoke and mirrors” to try to relieve public pressure.

“You know they are under pressure over this. The public was up in arms during the public hearings last year and the legislature’s Sunset Commission really raked TxDOT over the coals,” she said.

Fogle said she believes TxDOT hopes announcements such as this will prevent other sub-regional planning commissioners from forming.

“We, and other commissions, have been a real thorn in TxDOT’s side and this probably is a response to that,” she added.

She noted that despite the June announcement that TxDOT would follow the existing U.S. 59 route through East Texas, the Trinity County TTC corridor is still included in the Draft Environmental Impact Statement (DEIS) that is being forwarded to the Federal Highway Administration (FHWA).

“As long as the Trinity County route is still included in the DEIS, its still alive. If the DEIS is approved at the federal level, TxDOT could come back someday and say, ‘Oh, you know we tried to do it this way (follow U.S. 59), but it just didn’t work so we’re going to have to go back to the Trinity County route’,” she said.

She noted that TNT attorneys obtained copies of TxDOT’s Innovative Connectivity in Texas/Vision 2009 and are currently reviewing it.

“They already have noted that, as usual, TxDOT is leaving itself loopholes,” she noted.

She noted that in their announcement, TxDOT said the highway right-of-ways for things like the I-69 project would be no more than 600-feet wide – which is down from the 1,200-foot wide TTC plan.

“When our attorneys got to looking at the plan in detail, they found that it said the right-of-way would be not more than 600 feet ‘in most cases.’ They are not really limiting themselves, even though they are saying they are,” she said.

Fogle said despite the TxDOT announcement, the TNT will continue to operate to insure that the rights of local residents are protected.

They are scheduled to meet with local TxDOT officials during their next regular meeting set for 9 a.m. on Wednesday, Jan. 21, at the Trinity City Hall.

© 2009 The Trinity Standard: www.easttexasnews.com

TxDOT Announcement a Clever Ruse

Press Release
Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC)

Holland, Texas – Today’s surprise announcement by Amadeo Saenz, Executive Director of TxDOT, that the Trans-Texas Corridor is dead, has many believing this is nothing more than a clever political maneuver right before the 81st Legislative Session begins next week.

“If Mr. Saenz and TxDOT are to be taken seriously that the TTC is dead, then we call on him today to demand that the Environmental Impact Study for the TTC be rescinded and start the entire process over,” demanded Mae Smith, President of the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC).

Just a few months ago, TxDOT submitted a request for approval of their final environmental study for the Trans-Texas Corridor I-35 segment from the Federal Highway Administration and are awaiting its decision. “If they are not moving forward with the TTC concept, then why have they asked for its approval from the FHWA?” asked Smith, noting that until this action is taken, Mr. Saenz’s comments can be viewed as no more than a political statement.

The ECTSRPC was formed immediately after the Legislature adjourned in 2007, under a little-known statute of Section 391 of the Local Government Code. Section 391 allowed the five cities in Bell and Milam County which include Bartlett, Holland, Little-River Academy, Rogers and Buckholts, to form a regional planning commission to combat the Trans-Texas Corridor. Since that time, nine commissions have formed across the state forcing TxDOT to change their plans and appear to be working more closely with local governments.

“We appreciate the wisdom of the Texas Legislature to put laws into place in the Texas statute that gave us the ability to form a completely autonomous commission to fight the State’s lead transportation agency without any strings attached,” added Smith. “We hope the legislature will guard against any efforts to infringe on our local control.”

TxDOT has indicated it will be using their Corridor Advisory Committees and Corridor Segment Committees as a way to garner “local input” to guide them through their new plan. “That’s exactly why we formed our regional planning commission,” noted Smith who also pointed out that TxDOT’s corridor committees were not developed until after the local government commission began forming and requiring the agency to coordinate the TTC with their local governments.

TxDOT’s new plan does away with utilizing the Trans-Texas Corridor name and reduces the width of the corridor in most places from 1,200 feet to 600 feet. It also removes the “non-compete” clause from Comprehensive Development Agreements that prohibit improvements on existing highways.

“The only serious change is the removal of the ‘non-compete’ clause and most other changes are nothing more than window dressing,” stated Smith. “Although this is a great step in the right direction, we believe this is nothing more than a clever ruse prior to the Texas Legislature convening in Austin next week.” “There will be a new Speaker of the House and a new Chairman of the House Transportation Committee, which all legislation, good and bad for TxDOT, will have to pass through.What better political move could be made than an announcement that the TTC is dead right before the Session,” Smith concluded.

The ECTSRPC has held several coordination meetings with the agencies involved with the TTC project including Region 6 Environmental Protection Agency, TxDOT, Texas Parks and Wildlife, Texas Natural Resource Conservation Service and most recently the Texas Commission on Environmental Quality. They have also received a letter from the FHWA making it clear they are currently in the process of reviewing the final environmental study for approval.

“We have no indication from TxDOT or any of the other agencies that they will be pulling back the TTC concept,” stated Smith.

Smith said the ECTSRPC’s next action will be completing the Draft Buckholts to Bartlett Rural Transportation Plan, which the 391 Statute authorizes them to prepare. “As the only planning agency in our region with the singular task of representing the rural communities in Eastern Bell County and Milam County, we felt it was critically important that we develop a transportation plan that reflects the view of the people who live here.” The first public meeting on the draft plan will take place January 13, 2008 in Holland at 6:30 p.m.

Contact: Mae Smith, President 254-657-2460

© 2008 Eastern Central Texas Sub-Regional Planning Commission: www.ectsrpc.blogspot.com

We Are Not Going To Back Down

Kathy Palmer, President
South Central Texas SRPC

“The Trans Texas Corridor, as it was originally envisioned, is no more,” Karen Amacker (TxDOT spokesperson) told 1200 WOAI news just today.

Before we have “No More TTC Parties” however, let me explain what that means.

• The TTC project instead of being one large project as originally proposed, will now be broken down into many smaller projects with each having their own individual name.

• The width of the route will be changed from 1200 feet to approximately 600 feet in most places.

• The route will still include in some areas, not only vehicular traffic, but rail and truck only lanes.

Please do not misunderstand me, this is a great accomplishment and one that would not have occurred had folks not decided enough was enough. What I hope to prevent however, is folks thinking we won the battle and therefore the war is over. It is far from over.

In TxDOT’s own Vision 2009 document (TxDOT-Vision-2009) page 5, you will see the following:

“What’s in a Name? Quite a lot. The Trans-Texas Corridor name has taken on unintended meaning that can obscure the facts. The Texas Department of Transportation has decided to put the name to rest. Instead, we will implement a corridor program that will house the tools of innovative project development and delivery springing from TTC events, but will use the names generally associated with individual projects from the beginning, such as State Highway 130, Interstate 69, and Loop 9.”

The DEIS (Draft Environmental Impact Statement) for the TTC concept is still under review and awaiting final approval from the Federal Highway Administration. TxDOT does not have any intent to dump that DEIS and start over, which means that if/when it is approved, it will have the original TTC concept in it thus allowing it to be used if TxDOT chooses to revert back to the original concept. I am not saying they will, but if folks do not stay vigilant and make sure they don’t, depending on who is in office and what the Texas Legislature allows or disallows, anything can happen.

Now you may ask, how does the Legislature have anything to do with the TTC Concept continuing?

The Legislature is who dictates the funding. If they withdraw the funding, then and only then will the project die. At that point, in order for any part of the project to move forward, funding must be found, whether it be state money, federal money or a combination thereof.

For those of us that have been involved in this for some time, we saw the writing on the wall of the name change when the Corridor Advisory Committee reports (See TTC I-35 report link HERE) stated that the TTC name evoked negative images in most Texan’s minds. We knew the only logical thing TxDOT could do was to dump the TTC name in the hopes that folks would then begin to back off.

I know I am not alone when I say that backing off now is the farthest thing from my mind.

I will be addressing the SCTSRPC in our meeting tomorrow and again tomorrow night at the East Central Citizen’s Forum to reiterate that now more than ever we need to stick to our guns and make sure our cities and the folks that live within them are protected.

It might take more effort now than before, since there may be more than one project related to the old “TTC” that will require coordination, but we did not form the Commission just to turn around and dissolve it at the drop of a hat.

I look forward to continuing working with TxDOT as we strive to assist them in providing for the transportation needs of the future while protecting what we have worked so hard to build in the past. Stay strong, stay focused, do your homework and research what you hear. Remember that knowledge is power.

Have a very Happy New Year!

© 2008 South Central Texas Sub-Regional Planning Commission: www.sctsrpc.blogspot.com

State Officials change Corridor Plan

By Donna McCollum
KTRE-TV (Lufkin - Nacodoches)
Copyright 2008

NACOGDOCHES COUNTY, TX - By trade Larry Shelton is a woodworker. When he's not building cabinets he joins the thousands of East Texas property owners in the fight against the Trans Texas Corridor.

"We were right in the middle of the proper corridor," said Shelton of his rural Nacogdoches County home. The voting member of the Piney Woods Sub Regional Planning Commission is the local voice facing state and federal agencies. He's not easily convinced hearing the news that TX Dot is calling TTC dead. "I'm not really surprised that it took TxDOT 5 years to come to the same conclusion that the people of Texas arrived at immediately," said Shelton.

In Martinsville, the corridor would have sliced right through the school district. Children wrote letters to government offices begging them to reconsider. But the children won't be learning a lesson of victory from their teacher, Jan Tracy, another grassroots advocate against the TTC. "It's very broad," referring to a law passed in 2003 supporting the transportation system. " "And until that law is changed in our legislative session this spring, they can still do whatever they want to do. That's what we're concerned about. "
You'll find the Independent Texans blog claiming "partial victory in fighting the mammoth Trans-Texas Corridor", but writers still call it a "TxDOT spin".

Major corridor projects will now comprise several small segments overseen by local interests. Nacogdoches County Judge Joe English is serving on the segment committee that runs from texarkana to the Angelina River bridge. "In the segment that will go through Nacogdoches County we'll have public hearings on it and get the public's input one more time. "

Like the corridor route, the debate is taking a different direction. You'll hear more opposition concerning toll roads and the use of private public contracts. The issues remain, no matter what the Trans Texas Corridor is called.

Gov. Rick Perry, during a conference call from Iraq, said the smaller version isn't a rejection of his vision. He says his office will continue to work with legislative leaders on building more highways.

Meanwhile, the Piney Woods Sub Regional Planning Commission will meet with TxDOT on January 22nd at the Nacogdoches County Courthouse.

© 2009 WorldNow and KTRE: www.ktre.com

Transportation plan stays, but name goes

By Patrick Driscoll
San Antonio Express-News

AUSTIN — Seeking to renew enthusiasm for a massive road-building plan that scared people by its very name, the Texas Department of Transportation has decided to reinvigorate it — by dropping the name.

“We've decided to put the name to rest,” Director Amadeo Saenz told more than 1,000 people Tuesday morning at the Texas Transportation Forum, according to a text of his speech. “The Trans-Texas Corridor, as it was known, will no longer exist.”

The corridor actually hasn't existed “as it was known” for years now, Saenz explained later. It's been evolving, often under fire, ever since Gov. Rick Perry unveiled the 50-year blueprint in 2002.

Back then, the vision showed 1,200-foot-wide swaths of toll lanes, rail lines and utility lines criss-crossing the state.

TxDOT officials later said the roads and rails might not be in the same corridors, and so the rights of way wouldn't have to be so wide. They also said segments would be built only as needed, and existing roads would be widened instead where possible.

But many people couldn't shake the wide berth shown in the original drawings. They added up acreage and projected the paths of the 4,000-mile network — and got scared.

“A lot of fear developed,” recalled state Sen. Robert Nichols, who at the time served on the Texas Transportation Commission, which oversees TxDOT. “With that fear came opposition.”

Anger from thousands of landowners and activists flooded public hearings, first in 2006 for the corridor's twin along Interstate 35 and again last year for a route through East Texas.

TxDOT refined plans, announcing that adding lanes to I-35 south of San Antonio was the priority over a virgin route. Last year, the Transportation Commission broadened that intention, promising to always first consider using existing rights of way for any corridor project.

On Tuesday, Saenz said the agency also will try to keep widths within 600 feet. Going wider, especially if roads and rails are put together, would be the exception rather than the norm.

“The right of way will be whatever you need to build the asset,” he said. “But the chance of it being all put together in one corridor is slim.”

Other than backpedaling from the Trans-Texas brand, and the goals and priorities set over the years, the corridor remains intact.

TxDOT still plans to partner with private corporations to build and lease projects. Toll roads, truck-only lanes and rail lanes also still are on the table.

Environmental studies for the I-35 and East Texas corridor segments still chug through the pipeline. And a development contract with Cintra of Spain and Zachry Construction Corp. of San Antonio for projects paralleling I-35 still is valid.

The difference now is that instead of referring to the Trans-Texas Corridor name, officials will identify each segment of the original plan separately.

Booting the corridor's name could freshen the concept and maybe clear the air some before this year's transportation-heavy legislative session starts next week.

“We can now focus on the real issue, which is additional road capacity and the means to finance the same,” said Senate Transportation Committee Chairman John Carona, R-Dallas.

State lawmakers plan to put TxDOT, toll roads, privatization, gas taxes and other issues in the frying pan. Carona said all financing options will be needed.

“It's going to be a big chapter, it's going to be a great chapter,” he said of the upcoming session.

Perry, speaking from Iraq on a conference call with reporters, concurred that the state needs private investments in roads.

“Our options are relatively limited due to Washington's ineffectiveness from the standpoint of being able to deliver dollars or the Legislature to raise the gas tax,” he said. “So we have to look at some other options.”

Still, the name change has roused excitement.

“We're real pleased that a project once described as unstoppable has now screeched to a halt,” said David Stall of the citizens' group Corridor Watch.

He said his group will continue to watch developments.

R.G. Ratcliffe and Janet Elliott of the Austin Bureau contributed to this report.

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

Perry: TxDOT killed Trans Texas Corridor name, not initiative

By CHRISTY HOPPE
The Dallas Morning News

AUSTIN – Gov. Rick Perry, talking from Iraq to reporters, suggested that the Texas Department of Transportation's decision to pull the plug on one of his biggest initiatives – the Trans Texas Corridor – was mostly a name change, and that public-private partnerships on toll roads would continue.

"The name 'Trans Texas Corridor' is over with. We’re going to continue to build roads in the state of Texas," Perry said.

He said toll roads will continue to play a major role in highway planning because there are limited ways to get infrastructure funding.

"Our options are fairly limited, due to Washington’s ineffectiveness from the standpoint of being able to deliver dollars, or for the Legislature to raise the gas tax," he said.

A week before the Legislature is to convene – and in the midst of a shift in House leadership – Mr. Perry accepted a Department of Defense invitation to join two other governors on a trip to visit troops in Iraq.

Perry, who has yet to lay out his legislative agenda, said it was the right thing for him to do.

"Texas is a big state, and we’ve got a lot of friends around the world," he said.

The governor said Texas has about 3,800 troops serving in Iraq, probably more military personnel than any other state.

"I think it’s important for me to see them, to tell them they’re doing a great job. I’m the commander in chief of the Texas state forces," he said. "I think it’s appropriate and the right thing to do."

Perry has raised his national profile in recent years, including speaking on behalf of GOP presidential candidates and serving as chairman of the Republican Governors Association.

As he seeks a third term, he is engaged in a potential high-stakes 2010 primary contest against U.S. Sen. Kay Bailey Hutchison.

Perry was asked about Rep. Joe Straus, R-San Antonio, becoming the presumptive Texas House speaker. Straus has gathered pledges of support from more than 100 of the 150 House members, and all other contenders having dropped out of the race. The governor had a sometimes rocky relationship with outgoing Speaker Tom Craddick, even though they shared a socially conservative agenda and the support of the base of the Republican Party.

"I’m a very strong supporter of Joe," Perry said. "I know that the House will get their business done and will elect a new speaker. Whoever that individual is, we’ll look forward to working with them and moving the state forward."

Perry left on the Iraq trip on Monday, but word of it was not released until today for security reasons.

He is joined by Govs. Jon Corzine of New Jersey and Christine Gregoire of Washington.

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

Trans-Texas Corridor
Special Edition

(Part 1 of 12)

As a holiday surprise and an educational public service, Storm Pictures has provided links to the film,"Truth Be Tolled: TTC Special Edition" in its entirety. Of course, YouTube does not accurately represent the true image and sound quality of the film.

The YouTube version is divided into twelve parts; part one is shown above.

All twelve can be found [HERE]

Please consider donating to the nonprofit organizations mentioned in the movie, and/or purchasing a DVD.

© 2008 Truth Be Tolled: www.dfazack.typepad.com

East Central school district joins 391 Commission

Nannette Kilbey-Smith
Wilson County News

EAST CENTRAL — The East Central Independent School District (ISD) is the newest member of the South Central Texas Sub-Regional Planning Commission, or 391 Commission. District trustees approved membership during the regular board meeting Dec. 16.

Organized by the city of St. Hedwig and officials from Wilson County, the commission serves as a liaison between its member entities and the Texas Department of Transportation (TxDOT). In addition to the founding members and the East Central ISD, the commission also includes the city of Marion and Guadalupe County.

District board President Steve Bryant attended the last 391 Commission meeting in St. Hedwig and told trustees the district could benefit from membership.

“Especially with the Trans-Texas Corridor [TTC-35], which will cut right through our district,” Bryant said. “It’s critical we have a place at the table to mitigate circumstances caused by TTC-35.”

Bryant was impressed with the discussions between TxDOT and the commission’s existing members.

“The attitude of TxDOT toward this commission was much better than their attitude toward the general public when they held their [TTC] meetings,” he said. “I was also impressed with Kathy Palmer, who chairs the commission. She has really done her homework, and TxDOT knows it.”

Board approval to join the 391 Commission was unanimous.

© 2008 Wilson County News: www.wilsoncountynews.com

Sunset for TxDOT board? Lawmakers prefer single chief

But 'sunset' report is only advisory to Legislature. Some want to retain five-member board, while others want to elect TxDOT leader.

By Ben Wear
Austin American-Statesman

The five-member Texas Transportation Commission should be abolished and replaced with a single commissioner appointed by the governor, the Texas Sunset Review Commission decided Tuesday.

However, the 7-5 vote by the commission, as well as many other changes for the Texas Department of Transportation included in the commission's report, amount only to suggestions to the Legislature. The narrow vote, and the opposition of four of the five senators on the commission, suggests that the question of how to govern TxDOT is far from settled.

"I suspect you may have a problem getting it out of the Senate," commission co-chairman Carl Isett, a Republican House member from Lubbock, said immediately after the vote.

One member pointed out one significant impact of having a single commissioner: no more open meetings of the commission, which makes key decisions. And some members, reflecting the bulk of public comment in recent months, said they would prefer that Texans elect a transportation commissioner. State Rep. Ruth McClendon, D-San Antonio, said she'll carry legislation to make that change in 2009.

"We'll continue to have this discussion for 140 days" during the coming legislative session, said state Sen. Glenn Hegar, R-Katy, also a co-chair of the Sunset commission.

The discussion, which lasted most of Tuesday afternoon, was another in a string of unpleasant ones for the TxDOT executives lined up in the Capitol hearing room's front row. The Legislature in 2007 began and ended the session in open revolt against what many lawmakers of both parties see as the high-handed tactics of TxDOT during the past five years or so. That official restiveness had the bad luck, from TxDOT's vantage point, of coming just as the once-every-12-years sunset review was scheduled to occur.

Make that once-every-four-years, at least for now. The commission approved giving the agency just four years until its next turn on the griddle. In addition — all of these changes would only become law if they are included in a final sunset bill for TxDOT next spring — a newly created Transportation Legislative Oversight Committee would examine everything TxDOT does and how it does it in the coming years. A consultant company would be hired to conduct what would amount to a management audit of the agency. And four divisions of TxDOT, including vehicle licensing and its motor carrier office, would be broken off into a new Texas Department of Motor Vehicles.

"We are trying to restructure an agency," Isett said.

But he opposed the single commissioner idea, arguing that for a service like transportation where large sums of money are spent on roads throughout the state, it would be better to retain the five-member commission and stipulate that the members come from five geographic districts. Historically, governors have attempted to maintain some sort of rough balance in their appointments of transportation commission members, but Isett would put that requirement in law.

Isett said that the real problem with TxDOT isn't the appointed leaders, but rather the "culture in that building across the street" (TxDOT's headquarters on 11th Street) of making it difficult for outsiders to accurately gauge what is going on.

But state Rep. Lois Kolkhorst, R-Brenham , one of TxDOT's harshest critics in recent years, said changing to a single commissioner will make it clear who is responsible for the agency's actions.

"It sends a clear signal," Kolkhorst said, "that we do want change."

© 2008 Austin American-Statesman: www.statesman.com

Agency not part of corridor planning

By CLAY COPPEDGE,
Country World News
Copyright 2008

The state's environmental agency told a sub-regional planning group recently that it has not been involved with the planning process of the Trans-Texas Corridor (TTC) and does not plan to get involved until the final Environmental Impact Statement (EIS) is released.

Clyde Bohmfalk, a program specialist with the Texas Commission on Environmental Quality (TCEQ), told the East Central Texas Sub-Regional Planning Commission that the agency signed a Memorandum of Understanding with the Texas Department of Transportation (TxDOT) in 2002 specifically for transportation issues, but that TCEQ has not been involved with the planning process up to this point.

The memorandum between TCEQ and TxDOT states that "TxDOT is committed to performing early identification efforts to assess potential environmental concern related to proposed transportation projects, and initiating coordination with TNRCC (now TCEQ) during the early planning stages of these projects."

Mae Smith, president of the Eastern Central Texas planning commission, said the commission had a good meeting with TCEQ, but she was disappointed to find out that the environmental agency has not been involved with the planning process for the TTC.

"We were prepared with dozens of questions regarding air quality, water runoff, flooding, erosion and concerns about the Trinity Aquifer, but TCEQ said they weren't sure if they had even seen the Draft Environmental Impact Statement for the TTC," Smith said. "It's hard to imagine the state's leading environmental agency didn't have a larger role in the planning stages of such a huge project, but that's been how TxDOT has operated from the beginning of the whole process."

If TCEQ waits until the final EIS is released, it will be too late for the agency to have a say in whether or not the TTC gets built, she added.

"TCEQ keeps saying 'Phase II, Phase II, but that's too late," she said. "By Phase II, it will already be decided that the TTC will be built. This is the largest transportation project in the history of our state and the fact that our primary environmental agency isn't involved in the planning stages of the EIS is unbelievable."

The Environmental Impact Study is currently awaiting final approval from the Federal Highway Administration.

Gov. Rick Perry first proposed the Trans-Texas Corridor in 2002, as a series of six-lane highways, each one as wide as 1,200 feet, with separate lanes for cars and commercial trucks, high-speed rail lines and utility corridors. Perry, TxDOT and others have touted the TTC as a way to relieve traffic congestion on the state's highways.

Rural towns, agriculture producers and the Texas Farm Bureau have opposed the TTC from its inception. The opposition led to the formation of sub-regional planning groups that formed under the Texas Local Government Code, Chapter 391, which requires state agencies "to the greatest extent feasible" to coordinate with local commissions to "ensure effective and orderly implementation of state programs at the regional level." There are now nine such sub-regional planning commissions in the state, of which the Eastern Central Texas group was the first.

The Eastern Central Texas commission is made up of representatives of the cities of Bartlett, Buckholts, Holland, Little River-Academy, Rogers and their respective independent school districts.

Smith said the commission's primary complaint against the TTC has been that it will take about 6,000 acres of prime farmland out of production and that a large chunk of land will be taken out of local school districts' tax bases and given to the state forever.

"Right now, our planning commission knows more about the environmental issues in our jurisdiction than TxDOT and it's our hope we can get TCEQ to assist by holding TxDOT's feet to the fire," she added.

In other news related to the Trans-Texas Corridor, a citizen's advisory group has issued a report rejecting the concept of TTC-35. The report, issued last month, recommends a "more inclusive solution that respects local communities and private property rights while addressing statewide and local transportation needs."

The committee, one of two citizens' advisory committees appointed to advise the Texas Transportation Commission on planning issues in the I-35 and I-69 corridors, recommends that TxDOT coordinate with Texas Farm Bureau and other agriculture groups to minimize the impacts on farmers and ranchers. A report from the I-69 citizens' committee is expected soon.

© 2008 Country World news www.countryworldnews.com

Katy will mull joining sub-regional planning group

By AUDREY M. MARKS
The Katy Sun
Copyright 2008

The city of Katy will wait before they make a decision to join the Waller County Sub-Regional Planning Commission.

The commission was formed to fight against the Trans-Texas Corridor, in it's original representation that would cut through rural areas of the greater Houston region. Even though most rural areas appear safe, the sub-regional planning commission exists to help coordinate projects across all levels of government.

“The purpose [of the commission] requires state and federal officials to coordinate activities that effect local communities,” Don Garrett, a member of the commission, said.

Texas created laws in 1965 and 2001 to help strengthen local communities and empower them to have a say in projects funded by the state and federal government.

While the Texas Department of Transportation said in June it would explore highways that already existed to create the Trans-Texas Corridor, Garrett said “Waller is not off the map.”

Garrett said if Katy joined they would be able to find out state and federal projects being planned that would impact the community. There is no cost to join the sub-regional planning commission.

The commission is a “protective and coordinating mechanism so we are not left out in the process,” Garrett said. It's “very worthwhile.”

City council voted Monday to wait until their January meeting to make a final decision on joining the planning commission.

© 2008 The Katy Sun: www.hcnonline.com

County joining planning group

By Ron Maloney
The Seguin Gazette-Enterprise

SEGUIN — County commissioners voted unanimously this week to join a group they hope will gain them access to state officials planning State Highway 130 and the Trans-Texas Corridor.

Kathy Palmer, a St. Hedwig city planner and at-large member of the South Central Texas Sub-regional Planning Commission, Tuesday extended an offer to Guadalupe County that it join the group, which was established last July and so far includes as members representatives of her city, Marion and Wilson County.

Chapter 391 of the Texas Local Government Code provides cities and counties with access to state and federal planners on projects that could affect “the health, safety and general welfare” of the member communities, Palmer told commissioners.

“It allows each entity to bring its concerns or the concerns of its citizens directly to the table,” Palmer said. “This gives your community and other members of the commission the ability to coordinate with members of those government agencies.”

So far, nine of the “391 commissions” have been established around Texas. St. Hedwig decided to meet with its neighbors to try to form one when it realized state officials were planning for a Trans-Texas Corridor route that could bisect their city — and nobody at the state level had contacted St. Hedwig to discuss it.

“By law, they were supposed to come to each municipality and county government, sit down with all of us and tell us how it affected us,” Palmer said. “We’re the second-largest city in Bexar County, and TxDOT had no knowledge of that. They didn’t know who we were.”

St. Hedwig is concerned the state could take new right-of-way for the Trans-Texas Corridor, and the city wants the state to use existing rights-of-way such as Interstate 10 or Loop 1604, she said. Guadalupe County, she noted, had previously passed a resolution of concern about the Trans-Texas Corridor, which could cross the southern reaches of this county or Wilson County.

County Judge Mike Wiggins said his understanding was that the concept behind the “391 commissions” was to provide a pipeline for communication on the Trans-Texas Corridor, but the underlying legislation applied to any state or federal project with local impact. He has discussed the idea with his counterparts in other communities, he added.

“I spoke with Judge (Marvin) Quinney from Wilson County, and his belief is it’s beneficial to be informed of things before they become a done deal,” Wiggins said.

Precinct 2 Commissioner Cesareo Guadarrama III asked if Staples, the county’s newest city which incorporated earlier this year over concerns about State Highway 130’s effect on their northeast Guadalupe County community, shouldn’t consider participation, as well.

Wiggins noted he’d recently attended Staples’ first city council meeting and swore in its mayor and aldermen.

“They’re going to be impacted by State Highway 130, and I think they might be able to benefit from this,” Wiggins said.

Palmer said she’d be happy to talk to Staples Mayor Eddie Daffern and the city’s aldermen.

“They can contact us,” she said. “If any entity in the region wants a place at the table, all they have to do is talk to us.”

Precinct 1 Commissioner Roger Baenziger made the motion to support the planning group — and join it.

“I think this is a really good organization,” Baenziger said. Guadarrama seconded the motion and it passed 4-0, with Precinct 4 Commissioner Judy Cope absent.

Palmer recommended that, like in Wilson County, officials in Seguin consider appointing members of the court or other elected officials to lend the group a little clout.

“What we have found, particularly in the beginning, is that TxDOT tends to ignore you, if you’re not an elected official,” Palmer said.

Wiggins said commissioners would be asked to choose the county’s representatives at a future meeting.

© 2008 The Seguin Gazette-Enterprise www.seguingazette.com

The nature of sub-regional group debated

by Paul A. Romer
Temple Daily Telegram

HOLLAND - A group of rural politicians from East Bell County that have banded together to fight the Trans-Texas Corridor look and act like a governmental body, but the state has yet to recognize it as such.

In July 2007, the mayors of Holland, Little-River Academy, Bartlett and Rogers, with help from a special-interest group named Stewards of the Range, created an organization called the Eastern Central Texas Sub-regional Planning Commission. The sole purpose of the group is to quash the corridor, to make sure it doesn’t split up local farmland and school districts.

The sub-regional commission held public meetings with state agencies such as TxDOT, Texas Commission on Environmental Quality and the Texas branch of the National Resources Conservation Service.

By all appearances, the commission looks to be an acting governmental body.

Fred Kelly Grant, president of Stewards of the Range, said the group has followed the “letter of the law” in the way it was organized.

Others point to the law, specifically chapter 391 of the Texas Local Government Code, as a reason the group should be considered “extra-governmental.”

“Chapter 391 allows regions and subregions to organize, but the governor must so designate,” said Jim Reed, executive director of the Central Texas Council of Governments, which was created under chapter 391. “My understanding is the governor has not so designated. Whether they have legal standing under the state of Texas is under debate, although I don’t think anybody would debate that getting together to solve problems is a good thing.”

A spokeswoman for Gov. Rick Perry’s office would not comment about whether the subregional commission is recognized by the state. Eight more have been created in Texas over the past 18 months.

Some government officials see the creation of these commissions as an attempt by a special-interest group to twist the law in their favor and introduce more bureaucracy into the planning process.

Since 1965, when Chapter 391 was created, 24 planning commissions have been created in Texas. These commissions, generally referred to as councils of government, encompass all counties in the state.

Bell County and six neighboring counties are tied to the Central Texas Council of Governments, with offices in Belton.

The idea that more commissions could be created using boundaries other than what has already been established is new.

“Why spend money and create another bureaucracy that does the same thing as the council of governments?” Reed asked. “For over 40 years CTCOG has been the vehicle chosen to speak regionally and we’re honored to play that role for all communities in the region, including those who have joined the subgroup.

“We happen to think our vehicle, being recognized by the government at both the state and federal level, is the advocacy vehicle that can receive good results for Texas … Our mission statement is accomplishing together that which we cannot accomplish alone.”

Reed admits the local council of governments has not spent much time on corridor issues that concern the rural subregional commission.

The issue is not vital or as important to all seven counties, he said.

The subregional commission argues that by banding together it has been able to find out more information and play a more significant role in the planning process than would have been possible through the council of governments.

A planning organization from within the council called the Killeen-Temple Urban Transportation Study recently passed a measure that would give rural leaders in East Bell County a place at the table for planning area roadways.

An attempt to expand the jurisdiction of the transportation study is under way with one scenario calling for one member of a proposed 12-member board to represent the interests of East Bell County.

Mae Smith, mayor of Holland, said the transportation study does a poor job of representing the interests of rural east Bell County, and she and her partners are not about to dissolve their board to join an organization where they might have less impact.

Earlier this year, commissioners in Brewster County were invited to be members of a subregional commission being formed in its area. Before making a decision whether to join, the commissioners court consulted with Austin attorney Greg Hudson.

Hudson said he advised commissioners in Brewster County that they were well represented by the Rio Grande Council of Governments.

“Where did they find the authority to create a district smaller than what the governor created?” Hudson asked about subregional planning commissions.

Then there is the question of how the subregionals pay for expenses. Hudson said he sees a real problem if a subregional commission uses taxpayer money.

So far any spending of tax money by the local subregional commission appears marginal. A week ago, Holland taxpayers paid for lunch for the rural commission and Texas Commission on Environmental Quality officials after a two-hour meeting in Holland, Ms. Smith said.

If a subregional commission were determined not to be what it purports to be, its members may not be afforded the legal protections extended to those who serve on a legitimate board or council. In other words, members may be opening themselves up to personal lawsuits.

“They may have a noble cause and have absolutely honorable intentions, but they may want to contact their local city attorney to make sure they have governmental protections,” Hudson said.

Ms. Smith said Holland’s city attorney drew up the resolution form used to create the rural commission.

“I can assure you we are legal,” she said. “If the state of Texas wants to go to court over this, we have documented everything and we are ready.”

Penny Redington, executive director of the Texas Association of Regional Councils, said the rural commission here is “duplicative,” which was one of the issues the law to form the commissions was created to guard against.

“If they have succeeded in creating a commission, there are huge responsibilities such as annual audit requirements and open meetings requirements, to name just two. It’s a serious undertaking, not something you do on a lark, on a whim.”

© 2008 Temple Daily Telegram www.tdtnews.com

Guadalupe County Joins South Central Texas Sub-Regional Planning Commission

Kathy Palmer, President
South Central Texas Sub-Regional Planning Commission

Well it is official! The South Central Texas Sub-Regional Planning Commission officially welcomes Guadalupe County to the table.

In a unanimous vote the Guadalupe County Commissioners Court voted to pass the resolution to join our 391 Commission.

We are now made up of the following entities: The City of St. Hedwig, Wilson County, the City of Marion, and Guadalupe County. Between the 4 of us we now cover the following TxDOT roadways: SH1604, US 87, IH10 and SH130 (not to mention numerous Farm to Market Roads) and we look forward to the continuing coordination meetings with TxDOT as well as other state and federal agencies.

Have a wonderful and Happy Thanksgiving!!

© 2008 South Central Texas Sub-Regional Planning Commission: www.sctsrpc.blogspot.com

Snyders receive "Spirit of Liberty" Award


Left to right: Fred Grant, President, Stewards of the Range, Marcia Snyder, Ralph Snyder

Susan Rigdway Garry
Anti-Corridor/Rail Expansion (ACRE)

Ralph and Marcia Snyder, of Holland, Texas, have been fighting against the Corridor ever since it was authorized in 2003. In 2007, they were instrumental in forming the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC), the first of the 391 commissions that are forming state-wide to protect their areas against the Corridor.

They recently received the “Spirit of Liberty” award at the annual convention of Stewards of the Range and the American Land Foundation held in Austin. This award is given to individuals who work tirelessly to protect private property and their local communities from government intrusion.

Mae Smith, mayor of Holland and president of the ECTSRPC said of the Snyders, “Without their knowledge and dedication to our community, we would never have known what to do or how to fight the Texas Department of Transportation’s plans to destroy our community.”

The ECTSRPC has forced TxDOT to coordinate their plans with the commission during several meetings. The commission also has met with the Environmental Protection Agency, the Natural Resource Conservation Service, Texas Parks and Wildlife, and the Texas Commission on Environmental Quality.

The Stewards of the Range and the American Land Foundation are property rights organizations leading the fight against the Corridor.

© 2008 ACRE: acretexas.blogspot.com