PRESS ADVISORY: TURF to introduce NEW EVIDENCE against TxDOT

PRESS ADVISORY

Contact: Terri Hall, Founder/Executive Director

Texans Uniting for Reform & Freedom (TURF)

EMAIL: terri@texasturf.org

WEB: http://www.TexasTURF.org

TURF to present NEW evidence

at today's hearing in lawsuit to STOP TxDOT’s illegal lobbying & ad campaign

In Travis County District Court before Judge Orlinda Naranjo on Thursday, October 18, 2007 at 2 PM, Texans Uniting for Reform and Freedom (TURF) has asked for a motion to reconsider the Temporary Restraining Order (TRO) to immediately halt the illegal advertising and lobbying by the Texas Department of Transportation (TxDOT) contained in the original petition (http://texasturf.org/images/stories/pdf/POP-and-App-for-TRO.pdf) in light of NEW EVIDENCE obtained through the Public Information Act.

An August 13, 2007 memorandum (http://texasturf.org/images/stories/pdf/KTM-memo.pdf) by Defendant Coby Chase confirms that TxDOT intends to spend public money for the political purpose of influencing upcoming public hearings for Trans Texas Corridor 69, and that the Keep Texas Moving campaign will continue into 2008.

TURF's attorneys Charlie Riley, David Van Os, and Andrew Hawkins have also asked for a continuance of the hearing for today’s scheduled plea to the jurisdiction since TxDOT has failed and refused to provide all documents responsive to Plaintiff’s Public Information Act Request, thus preventing the opportunity to conduct written discovery and depositions.

WHO: Texas taxpayers through TURF

WHAT: Lawsuit seeking injunction to halt TxDOT’s taxpayer-funded illegal ad campaign & lobbying activities

WHEN: Thursday, October 18, 2007@ 2 PM

WHERE: Travis County District Court before Judge Orlinda Naranjo, 1000 Guadalupe, Austin, Texas

HOW: The press needs to register request for cameras in the courtroom in advance through the court clerk. Contact Warren Vavra at (512) 854-9093 for more information.

This lawsuit is brought pursuant to § 37, Texas Civil Practice and Remedies Code. TxDOT’s expenditure of public funds for the Keep Texas Moving campaign is illegal, and an injunction prohibiting any further illegal expenditures in this regard.

TxDOT has violated § 556.004 of the Texas Government Code by directing the expenditure of public funds for political advocacy in support of toll roads and the Trans Texas Corridor, and have directly lobbied the United States Congress in favor of additional toll road programs as evidenced in its report, Forward Momentum.

On Monday, September 24, Judge Orlinda Naranjo did not grant a temporary restraining order (TRO). TxDOT unearthed a law that says they can advertise toll roads (Sec 228.004 of Transportation Code) and the citizens invoked another that says they can’t (Chapter 556, Texas Government Code). The burden to obtain a TRO is higher than for an injunction.

“TxDOT is waging a one-sided political ad campaign designed to sway public opinion in favor of the policy that puts money in TxDOT’s own coffers. School Boards cannot lobby in favor of their own bond elections, and yet TxDOT cites its own special law to line their own pockets at taxpayers’ expense,” says an incredulous Terri Hall, Founder/Director of TURF.

Hall also notes that TxDOT’s campaign goes beyond mere advertising, “It’s propaganda and in some cases, the ads blatantly lie to the public! In one radio ad (http://www.keeptexasmoving.com/index.php/stay_informed, scroll down to radio ad “continuing maintenance”), it claims it’s not signing contracts with non-compete agreements in them and yet last March TxDOT inked a deal with Cintra-Zachry for SH 130 (read about it here: http://satollparty.com/post/?p=605) that had a non-compete clause (which either prohibits or financially punishes the State for building competing infrastructure with a toll road).”

On August 22, 2007, TURF filed a formal complaint with Travis County District Attorney Ronnie Earle to investigate TxDOT’s illegal lobbying and asked him to prosecute TxDOT for criminal wrongdoing. See the formal complaint here http://texasturf.org/index.php?option=com_content&task=view&id=178&Itemid=26. The petition before the court seeks immediate injunctive relief in a civil proceeding.

My Formal Letter to the DA - Asking them to Investigate Sen. Kirk Watson's Conflicts

10/8/06

Travis County District Attorney’s Office
314 W. 11th St.
Austin, TX 78701

Public Integrity Unit,

This is a formal request for your office to investigate Senator Kirk Watson, chair of Capitol Area Metropolitan Organization Planning Organization (CAMPO) for numerous conflicts of interest, and violations of the law.

Roads and development go hand in hand, soon after Sen. Kirk Watson became Chair of CAMPO in 2007, an organization that directs billions of road dollars in Central Texas, City of Austin records show Watson was put on the payroll of developers who profit from
important transportation decisions:
http://www.ci.austin.tx.us/cityclerk/lobbyist/detail_clients.cfm?id=69

Watson is now pushing an unpopular plan to shift our freeways to toll ways using $910 million tax dollars (see attached). Developers see the double tax tolls as an eternal slush fund to pay for more roads to their cheap land.

The 2006 Austin Chamber of Commerce annual report, reveals that Sen. Kirk Watson individually, and his law firm both contributed money to the pro toll Chamber. see page 23: www.austinchamber.com/WhatsNew/2006OAAnnualReport.pdf

A signed letters of agreement by Sen. Kirk Watson, as partner of law firm Hughes & Luce, and the City of Austin show Watson billing the city at a rate of $450 per hour for representation on land deals with developers. Over $420,000 has been paid to Watson’s law firm, by the City of Austin in the last two years. (see attached)

How can Sen. Watson fairly represent the people while benefiting from so many seats at the table?

On 9/12/07 Watson sent emails to CAMPO Board members offering them free tickets/gifts to his campaign fundraiser. (see attached)

Also, the constitution states there must be a “separation of powers between the legislative and executive branch”, therefore, the legislative Senator Watson cannot sit on CAMPO’s executive board. Only City and County officials are allowed to sit on the CAMPO board.

Sincerely,

Sal Costello

TxDOT email lays out $270 TMF million dollars for toll roads - ZERO TMF dollars for non tolled option.

Mr Costello,

Bob Daigh asked that I respond to your information request.

The following is in response to your September 28, 2007 email
requesting " Please tell me the amount of tax dollars that would be
spent with the proposed toll roads in Central Texas compared to the
amount TxDOT will spend without tolls". 

Below is the information you requested:

If the projects are leveraged through property taxes or tolls, the
proposed total of $1.449 billion in improvements will be comprised of a
breakout by the following funding resources:

A.     $323,840,800 Federal -   All federal funds from the National
Highway System (NHS) Program and the Surface Transportation Program
(STP)

B.      $80,960,200 for 20% Non-federal is from State Highway Fund 6
that is used as local match for federal funds

C.     $1,021,250,000 State - Texas Mobility Funds ($270 million),
Bonds ($539 million) and State Highway Fund 6 ($212,250,000)

D.     $22,949,000 Local - City of Austin ($20,949,000) and Travis
County ($2 million)


For a reduced, non-leveraged  program of only $280 million is estimated
to be available, the following is a breakout by the funding resources in
this case:

A.     $155,800,000 million Federal -   All federal funds from the
National Highway System (NHS) Program and the Surface Transportation
Program (STP)

B.     $38,950,000 million for 20% Non-federal is from State Highway
Fund 6 that is used as local match for federal funds

C.     $62,301,000 from State Highway Fund 6

D.     $22,949,000 Local - City of Austin ($20,949,000) and Travis
County ($2 million)

I trust this provides the information you have requested.

Please let me know if you have any questions.

Sincerely, Ed Collins


Ed Collins
Advanced Transportation Planning Director
Texas Department of Transportation
Austin District
P.O. Box 15426
Austin, TX 78761-5426
(512) 832-7041
(512) 832-7080 fax
ecolli0@dot.state.tx.us