Attorney General Opinion: Design-Build. TXDOT Options. Appropriations Rider Fail.

In Attorney General Opinion KP-0077, the question being answered is: Does TXDOT have authority to neter into design-build contracts for 2016-2017?

How did the question arise? A conflict between the appropriations bill & Section 223.242, Transportation Code.

The Attorney General’s conclusion: Yes, TXDOT can enter into design build contracts, with limits.

What limits does the Attorney General note on TXDOT’s design-build authority?

  • Design Build only OK for contracts over $150…

INTERIM. Legal Trend: Sharing Economy. Court Says Drivers are Independent Contractors

This week’s settlement of lawsuits in California and Massachusettes maintains the indepdent contractor status of Uber drivers. 

Court sign off will occur when the judge approves the settlement.

KOLO | Uber settlement keeps drivers as contractors in 2 states

The Recorder | Uber Strikes Expensive Peace Pact With Drivers

TXDOT Studying Elimination of Tolls.

Did TXDOT come up with eliminating tolls on their own? No, it is a legisltive mandate from HB 2612 by Pickett

How do tolls and the Texas A&M Transportation Institute estimate, that Texas needs of $5 Billion more per year in transportation funding, correlate? The $5 billion per year funding shortage assumed that Texas would receive toll revenue.

El Paso Times | TxDOT begins look at axing tolls

INTERIM. 3 Bills that Require Interim Studies due in 2016.

Texas Legislative Council reminds us that the 2015 Legislature passed a bunch of bills with a bunch of interim study requirements. 

The transportation related interim studies from 2015 bills:

Lege: Addressing Bridge Safety and Efficiency Through Economic Inspectors

How did addressing a business interest help bridge traffic flow problems? Senate Bill 797/House Bill 979 from 2015 created a grant program to fund pay for more agricultural inspectors at Texas’ border bridges.

The grant fund program helps the agriculture business and the traffic flow on the bridges? Yes, by not slowing bridge traffic with understaffed agriculture inspectors, the congestion at international trade bridges is alleviated.

How does the money flow? The Texas Department of…

East Texas Mayor vs. Toll Road. 6 Opposition Groups & Issues.

Who? Vidor Mayor Robert Viator Jr. has “trust issues” with the Texas Turnpike Authority proposed 10 mile toll road from Vidor to Beaumont

Why does the mayor have trust issues? The company altered its projections to add 25 years to reach $9 billion in profits.  The company projects that it will take a total of 75 years for the private toll company to reach $9 billion in profits.

What opposition groups and issues are emerging? 

Those challenging the project include:

  • Vidor Mayor…

Private Toll Road to Utilize Agreements to Condemn Land

Weren’t private toll roads stripped of their eminent domain power by the 2015 Texas Legislature? Yes.

So, how is a private toll road near Beaumont building a new toll road? The private toll comapny asked local governments to enter into an intrerlocular agreement. If, eminent domain needs to be exercised, it will be through the local governmental entities.

What’s the reception to the private tollroad in SE Texas? SE Texas appears to have learned from 2014 Dallas area defeat of the Texas…

AG Opinion Request: Chair of Transportation Committee Asks About Design Build. 3 Points to Know Now.

  • The question before Attorney General Paxton:  Can TXDOT enter into Design Build contracts in fiscal year 2016-2017 with funds appropriated for that year.
  • Why is this a question? Design Build Rider 47 to HB 1 and the Transportation Code Conflict.
    • Rider 47 has a higher threshold, $250 million, than statute, which has a $150 million threshold
  • Opposition thinks Rider 47 is unconstitutional. Can’t go changing substantive law in the budget, but you can as long as no court or…

3 Things the Lt. Gov. Said about Transportation in West Texas

 
  • Prop 7 will allow the state to put 2.5 million dollars more to transportation without increasing taxes.
  •  He also stressed that there was “not adequate transportation funding to West Texas in the past”
  • “Now that I’m Lieutenant Governor, we want to be sure that West Texas gets their fair share,”

News West 9 | Texas Lt. Gov. Discusses State Propositions at Odessa Country Club

3 Takeaways from Speaker Straus: Transportation Reforms Continue with HB 20 Report.

  • Its how Texas utilizes its funding that matters, “The Legislature provided significant new resources for transportation this year,” said House Speaker Joe Straus, San Antonio. “But it’s just as important to make sure that those resources are used in an appropriate and efficient way that will relieve congestion in the state. That’s why House Bill 20 was important.”
  • Texas is increasing transportation funding. “Over the last two sessions, the Legislature has acted to increase transportation…