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Texan Tuesday: A Trans-Texas Horror


by: Karl-Thomas Musselman

Tue Jul 25, 2006 at 08:21 AM CDT


I didn't realize at the time how appropriate this week's Daily Texan column would be as it matched up with both Phillip's 40/40 this week and a front-page story in the Texan about the Trans-Texas Corridor. As such, my column below. (Major props to the Editor JJ Hermes for pitching the idea of the giant TTC cutting across the column in the print edition!)


There is an issue in Texas quietly building steam in what could be a major campaign theme in this fall's elections for governor and the state agricultural commissioner.

It's an issue that has folks in rural Texas feeling the pain of Native Americans centuries prior. It's an issue that has farmers and ranchers readying their pitchforks. And it's an issue that has some of the most conservative counties in the state upset with Republicans they used to consider defenders of free men on the range.

The issue is the Trans-Texas Corridor, a 4,000-mile, $183-billion plan proposed by Republicans and promoted by Gov. Rick Perry as the 50-year solution to Texas' traffic needs. The routes span the state, snaking across central and eastern Texas, connecting Laredo to Oklahoma and Arkansas. Future routes could bring in an East-West line from El Paso or others up through the Panhandle.

Each corridor could contain up to four trucker lanes, six vehicle lanes, six rail lines and a 200-foot utility path. At its maximum size, each TTC could be 1,200 feet wide, consuming up to 9,000 square miles of land, more than exists in all of New Jersey.

These massive property and investment requirements give rise to much of the objection from rural landowners. Cutting through countless farms and ranches and looping around suburbia will be a path wider than the distance between Austin's Congress and First Street bridges. One could set the entire state Capitol inside of the right of way.

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An unsettling vision, landowners will be faced with inaccessibility to land split on opposite sides of this monstrosity. The state would ideally pay fair market value for the 5.7 million acres wanted for construction, but as with any mu-nicipality, the "lowest" fair market value will likely be found.

Thanks to the U.S. Supreme Court, any acreage desired from particularly cantankerous landowners can also be taken via eminent domain. The Texas Legislature did pass a bill granting protections to Texans from excessive abuses of eminent domain in the wake of that ruling, but it made a convenient exception specifically for the TTC.

For localities, any land consumed by the TTC disappears from the tax rolls, hitting small rural communities the hardest. Proponents claim that new business growth around interchanges and the corridor will offset that.

Unfortunately, primary TTC users will be transporting goods, not buying them. The frequency of off-ramps will likely be less than that for traditional highways, allowing for fewer business opportunities. The few ramps that will exit the TTC will be surrounded by land owned by the management company, Cintra Zachry.

Any commercial value that land will have will belong to Cintra Zachry, not the rural communities torn apart by the TTC. They won't see a string of gas stations and IHOPs as doing much to replace the revenue, character or community lost to this multi-billion-dollar boondoggle.

There are other facets of the project that are unsettling as well. While the Texas Department of Transportation has worked around historic lands or sensitive properties before, there is no law to guarantee that old community cemeteries won't be paved over or that historic buildings won't meet the bulldozer.

Add to that the fact that the presumptive private construction partner Cintra Zachry is an overseas firm based in Spain. Just as security-oriented citizens were unsettled by Dubai running American ports, many are cautious about having a foreign firm build a transportation network connected to Mexico. It only amplifies conservative concerns about border issues and immigration, though in truth, the TTC does not create any new border crossings.

The most unsettling thing about the project is that the terms are sealed, unreadable by the public. Texans have no way of knowing who will ultimately pay for the inevitable cost overruns, nor do they know what will happen when the actual revenues from the TTC are lower than the estimates used to secure the financing. Who will pay for that: the private management company or Texas taxpayers?

Already, 186 of Texas' 254 counties have made their disagreements with the plan public record. Both the Texas Democratic and Republican Party platforms officially state their opposition to the TTC. Every candidate for governor is in opposition to Perry on the issue. The TTC has even shaped up to be the prime topic in the otherwise quiet race for agricultural commissioner between state Sen. Todd Staples, R-Palestine, who co-sponsored the TTC legislation, and Democratic candidate and rancher Hank Gilbert, who opposes it in any form.

Headed to November and through the next decade, the Trans-Texas Corridor will likely become an issue that is, pardon the pun, as big as Texas.

Musselman is a government senior.

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nicely done! (5.00 / 1)

Great job!

Article in JOC (5.00 / 1)
And as we got onto this subject, we got our copy of the Journal of Commerce for this week in the office yesterday. There is a great article in it regarding toll roads that you should really read.

JOC article "Cha-Ching"


link doesnt work (5.00 / 1)
Sorry I found out the link wants you to log in, but I cant give you my log in. So I reproduced the article on this BOR link

[ Parent ]
http://www.bugmenot.com/ (0.00 / 0)
If you run into subscriber walls like that, I encourage the use of http://www.bugmenot.com/

There is also a Firefox extension which I use.

Please read the Community Guidelines and How to Rate Comments.


[ Parent ]
Strayhorn (5.00 / 1)
The Strayhorn people have been going to these TTC meetings to stir up angst against Perry and let voters know that she is supposedly against it.  She even spoke at the town hall in Denton.

When you follow the money, track the donors and look at who stands to share in the proftis from the TTC (0.00 / 0)
an interesting pattern emerges. It's easy to look at Ethics Reports and find large political contributions from Zachry PAC, family members and related corporations.  There is a pattern between those who received the contributions and those who authored TTC enabling legislation, voted for it, and smoothed (or are trying to smooth) its passage through both houses of the Texas Legislature.

At least $765,596.00 was contributed to elected Texas officials and candidates from 2000-to March 2006 by Zachry family members, Zachry Construction PAC, and David, H.B., John, and H.B. Zachry, Jr. It takes 30 pages to list them by line items from the Texas Ethics Reports. Citras, a corporation based in Spain has joined with H.B. Zachary, as the private companies who are supposed to share in an estimated $190 billion dollar privately controlled joint partnership with Texas Department of Transportation. Another key payer is KCS Railroad.

Zachry family members and company's  with the Zachry family surname paid over $765,596.00 in "campaign donations" to Texas elected officials in the last five and a half years. State Senator Todd Staples accepted over $14,000.00 from the Zachary in 2005. He authored Senate Bill 1706 which rewrites or revokes more of existing Texas Transportation Code than any legal document in this century. Senate Bill 1706 has passed the Senate and is currently in Committee. It is a comprehensive TTC enabling bill which eliminates most legal obstacles from Texas Law which could slow or deter the implementation of the Trans Texas corridor or initiatives similar to it.  The Eminent Domain section of Staples Senate Bill 1706 is almost identical to Frank Corte's House Bill 12 (Eminent Domain) which passed the House and is in committee. Since that language has already been approved by the Senate in Staples SB 1706, it is probable that Corte's bill will have favorable reception in the Senate. That bill contains the most controversial changes which allows exercise of eminent domain for private developmental projects and grants TDoT authority to exercise Eminent Domain for construction of toll, rail, pipeline and facilities adjacent to such corridors such as hotels, restaurants, convenience stores, parking lots, warehouses, and other facilities which benefit travelers on the toll road.

Lt. Governor David Dewhurst, who presides over the Senate of Texas, received $51,000.00 in campaign contributions from the Zachary family and their family controlled corporations and PAC, last year.

During the 2002 Governor's race, the Zachry family covered both sides of the aisle. The Zachry family saw that both John Sharp (D) and incumbent Rick Perry (R) Campaigns were recipients of their "generous" campaign contributions!  Rick Perry has received $146,000.00 from Zachry family and business interests.

Senate Bill 1706 authorizes local governmental entities to transfer existing highway and rail corridors and facilities currently in public use to toll authorities WITHOUT PUBLIC HEARING or POPULAR VOTE.
It permits construction of rail lines, highways, roadside facilities such as restaurants and fuel stops on by private entities, utilizing eminent domain to condemn the land.

It permits the TDoT to assume responsibilities for rail and energy transmission corridors which currently are the responsibility of the Texas Railroad Commission without submitting this major governmental reorganization to the voters.

It allows the TDoT to select a short list of contractors / investors/ management companies for planning, construction and management of rail, highway, and pipeline projects without solicitations for submission of proposals. The short-list must contain at least 2 companies and those companies will "bid competitively."  Gosh, how sweet it is that cronies who give large contributions to most of the incumbents in Austin can learn of the opportunity to submit proposal for consideration of being considered for the short list. Then TDoT will apply "competitive bidding practices" between those on that "short list." 
The Twenty-first century shows that Graft and Corruption has been carried to new heights in Texas. Lobbyist have been allowed to buy Senators and the Governor, Lt. Governor and Attorney General who have conspired with the company which just "HAPPENS TO BE THE ONE TDoT HAS DETERMINED TO BE THE BEST CHOICE TO MANAGE THE TRANS-TEXAS CORRIDOR." 

Texas Law requires a 3/4 vote to approve Constitutional Amendments. Texas has already passed a constitutional amendment allowing public funds to be spent on toll partnerships with private entites. Senate Bill 1706 amends or revokes more sections of Texas Law than any bill in Texas History. As it was presented and passed in the Senate, it was not publicized widely. If passed by the House, it will not have to go before the voters to become law.

Few news stories appeared about this monumental piece of legislation. It is a very long comprehensive TTC enabling bill.  The bill passed the Texas Senate by a very large margin. It is probable that the "generous campaign donations" of the Zachry family and other pro-toll road lobbyist groups smoothed its journey through the Senate. Lt. Governor David Dewhurst, presiding over the Senate, was definitely loyal to the Zachry family, his powerful supporters who backed him to the tune of $51,000.00 in 2005 alone.

This is the year when citizens in Texas, both Republican and Democrat, are looking up, scratching our heads and saying:  $765,596.00 in political donations from the H.B. Zachry family and related family members, companies and PAC to secure a potential windfall of $180 billion monopoly in toll road, rail and road side concessions for 50 years looks rather suspicious.  We're wondering if the $51,000.00 David Dewhurst accepted in 2005 and the combined $146,000.00 Rick Perry has accepted since 2000 from Zachry family and related companies and PACs is actually "CAMPAIGN CONTRIBUTION."  Somehow, to many of us, it looks more like "BRIBERY/CONSPIRACY" than just merely Campaign Financing. We have only begun examining Texas Ethics Reports. When we factor in donors from people who are members of the Zachry PAC who do not have the Zachry surname, it is probably that the numbers will be much higher.

Even "Grandma" Carole Keeton Strayhorn took $13,000 from Zachry donors in 2003. She has only received $100 during this election cycle. She is speaking out against it now. When questioned at the Ft. Worth TDot TTC Hearing, she told Faith Chatham that "Zachry wasn't involved in the TTC in 2003." 

There are Democrats and Republicans who are on the list of paid "water carriers" for toll road lobbyist and construction companies. Activists in Texas are researching, taking names, asking questions and preparing to clean house.

We advise every candidate and incumbent who has ZACHRY show up on their ethics reports to return those contributions. Even if you've already spent the money, having the company show up on your ethics report which is one of only a very few players positioned to win from the largest land grab in Texas History will (hopefully) be the death for many politicians in Texas.

Citizens in Texas want the Texas Department of Transportation and elected officials to concentrate TDoT payroll and resources to identifying and solving our highest priority transportation needs. The TTC is not the solution for Texas. Avoiding raising the gasoline tax a few cents is too high a price to pay when it means turning over our State's infastructure to private corporations, transferring tolls paid by Texans' to foreign company's, siphoning off crucical tax dollars from local school districts and county and city taxing entities, and charging Texans high tolls to travel over highways in this state (some of them existing public highways) for 50 years.

We are outraged at local officials who are endorsing the TTC in order to try to get a segment of it converted to fill some already identified local unfunded transportation plans.

Faith Chatham


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