The good, bad and ugly - part 2
STATE SEN. ROBERT NICHOLS R-Jacksonville

STATE SEN. ROBERT NICHOLS

Earlier this year, I wrote a guest column describing the problems surrounding private equity toll projects as they relate to Texas transportation policy. Specifically, the column outlined how partnering with private companies could result in a transportation monopoly.

During the 80th Legislative Session, Texas lawmakers avoided this dangerous situation by placing a two-year moratorium on private equity toll projects. However, we now face an even more dangerous transportation scenario: forcing Texas taxpayers to pay tolls on roads they have already bought and paid for.

The Good

Utilizing tolls to build new roads or to add additional lanes to current roads is an innovative strategy that allows infrastructure to keep pace with population and transportation demand. Current state fuel taxes hardly cover the cost of maintaining current roads, much less building new ones, so a justifiable need exists for toll projects. There is a difference, however, between using tolls to pay for new projects and tolling Texas taxpayers for roads they have already purchased.

The Bad

In 2005, legislators realized that previous legislation had granted the Texas Department of Transportation (TxDOT) the authorization to toll existing roads - roads Texas taxpayers have already built with tax dollars. At that time, they attempted to pass new legislation banning the practice, but the bill died in the House committee. Therefore, legislators wishing to protect taxpayers had to settle for a compromise that would only allow TxDOT to toll existing lanes with the approval of local voters. In 2007, I filed SB 1268 which would have prohibited the conversion of existing lanes to toll roads. With the support of Lt. Gov. David Dewhurst, the bill passed the Senate unanimously, but it again died in the House committee.

Because legislation prohibiting the conversion of existing lanes to toll roads continues to die in House committee, the compromise reached in 2005 continues to serve as state policy. This means members of a specific community could vote to toll existing roads coming into and out of their community - tolls they will very rarely have to pay unless they leave their community, but that will obstruct the free flow of commerce and put our state at a competitive disadvantage to other states in our region.

The Ugly

As if the current situation is not bad enough, TxDOT now wants to expand its authority to toll existing interstate highways (highways we have already paid for with tax dollars) by "buying" them from the federal government so they can convert them to toll roads. That's right, TXDOT wants to use Texas taxpayer dollars to purchase federal highways that Texas taxpayers paid to build and then charge Texans a toll to continue driving on them. According to my calculation, this equals triple taxation.

U.S. Sen. Kay Bailey Hutchison passed an amendment placing a one-year moratorium on TxDOT's ability to enact this plan, but we are not out of danger yet. Hutchison's amendment must survive a conference committee where numerous parties will try to remove it from the legislation before it becomes law.

The Solution

It is time for Texas citizens to stop this unfair policy. Please contact your representatives in Washington, D.C. and ask them to support Sen.Hutchison's amendment, and when the state legislature reconvenes in January 2009, I will work to permanently end this unfair policy statewide.

Sen. Robert Nichols is a retired engineer and former TxDOT commissioner.