81st Legislative Session Transportation Wrap-Up
Ending Diversions
After a strong promise by the state's top leadership to help end diversions of road-building money, the 81st legislature was only able to keep an additional $67 million in TxDOT's budget over the next two-years. The problem the legislature had this session in trying to end diversions, Senate Finance Chair Steve Ogden said, is the current financial crisis, which hit Texas in September. The diversion from transportation-dedicated funds over the past two years: $1.56 billion.
Over the longer-term, Texas will need to continue to try to end diversions and find additional funding to cover the state's projected $14.3 billion per year in transportation investment needed to maintain and improve our road infrastructure.
A measure to increase taxes and fees in certain urban counties throughout the state died late last week due mostly to a lack of support from House members to increase taxes during a recession and opposition from constituents. The Local Option Transportation Act (LOTA), touted by Senator John Carona and Representative Vicki Truitt, was a way to allow voters to approve increased gas taxes and/or various fees related to transportation to fund road and rail construction.
The LOTA measure was added to the Senate's version of the TxDOT Sunset bill but was not added by the House (even though it was previously approved by the House Transportation Committee). It was eventually stripped out of the bill, despite strong appeals by Senator Carona to keep it in, during the joint Senate-House conference committee.
TxDOT Sunset
While finishing up some last-minute business on Monday night, the Senate was unable to pass a "safety net" resolution that would allow the Texas Department of Transportation to continue its operations unaltered through the next legislative session. This would have given members more time to come to a consensus on adjustments they'd like to make to the agency. Without this measure or other Sunset legislation, the agency would technically shut down, or "sunset", on September 1, 2010.
Governor Perry has indicated he is working with Sunset staff to find a way to allow the agency to continue operating without calling a special session of the legislature. However, both House Sunset Chair Carl Isett and Sunset Advisory Commission director Joey Longley have indicated a special session would be necessary to extend the life of TxDOT, along with four other agencies.
Proposition 12 Bonds
- TxDOT, $2 Billion Issue in Limbo as Legislature Ends Its Regular Session The Bond Buyer by Richard Williamson
Transportation Revolving Fund
The fund was approved by both Senate and House transportation committees and the full Senate, but was never considered by the full House.
Passenger and High Speed Rail
A measure by Senator Carona, which is awaiting approval by Governor Perry, instructs TxDOT to coordinate the planning, construction, operation and maintenance of a statewide passenger rail system. This will require TxDOT to create a long-term plan for a statewide system which analyzes interconnectivity and ridership, but stops short of creating a division for high-speed or passenger rail at TxDOT.
A similar measure by Senator Carona relating to the facilitation, analysis, and implementation of high-speed passenger rail died part-way through the legislative process.
Eminent Domain
The Legislature approved a constitutional amendment that will restrict governments in Texas from taking private property and giving it to commercial entities exclusively for economic development. Voters will have a chance on November 3 to approve or disapprove the constitutional amendment.
- Senate Passes Eminent Domain Dallas Morning News Trailblazers Blog by Marcus Funk
Here's a broader run-down by the Dallas Morning News: Whole Shebang on Transportation Out of Austin


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