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A few thoughts on the sunset staff report on the Texas Transportation Commission PDF Print E-mail
by Will Lutz    Thu, Jun 5, 2008, 10:04 AM
The staff of the Sunset Advisory Commission has now issued its report on the Texas Department of Transportation. Most of the contents of that report have been widely known around the Capitol. In a nutshell, the report calls for replacement of the Texas Transportation Commission with a single commissioner. The commissioner will be appointed by the governor, but if the governor does not make an appointment by Feb. 28, than the Lt. Governor can make the appointment. This stops short of the elected transportation commissioner many of the agency’s critics wanted. The report also calls for only a four-year sunset cycle, rather than the standard twelve. A copy of the report is posted below.

The Sunset Advisory Commission itself, which consists of 10 lawmakers and two public members, is currently scheduled to take public testimony on the report July 15 and make decisions Sept. 23-24.

Here are our preliminary thoughts on the report:
* Yes, the report does not call for taking away TxDOT from the governor (i.e. it avoids all-out war with Rick Perry). But it does propose making Senate confirmation more meaningful. Gov. Rick Perry evaded Senate confirmation for some of his transportation commissioners, including the late Ric Williamson, by leaving them on the commission as “holdover” appointees. Under the sunset proposal, failure of the governor to act causes the appointment authority to pass to the lieutenant governor.

* The report is scathingly critical in its assessment of the agency. Phrases like “TxDOT Does Not Meet the High Expectations Placed on It to Ensure Consistent, Meaningful Public Involvement” and “Until Trust in the Texas Department of Transportation Is Restored, the State Cannot Move Forward to Effectively Meet Its Growing Transportation Needs” appear throughout the document.

* Putting the agency on a short, four-year leash would likely make it more responsive to lawmakers, as it would have to redo the sunset review process quickly, and further action could be taken if it does not clean up its act. * There are a series of subtle recommendations that could make the agency’s life difficult. Two key examples are 1. taking the funding for the Texas Transportation Institute away from the Texas Department of Transportation and funding it directly, with control of the research exercised by legislators and 2. Proposing removing six staff positions and $1.2 million from TxDOT’s government relations department to fund the proposed legislative oversight committee.

The Texas Transportation Institute produced the controversial study claiming it would take more than $1 per gallon increase in the gas tax to pay for the state’s transportation needs. The Governor’s Business Council produced its own study with a much lower number and critics charged the department manipulated the research to reach a conclusion that favored privatized toll roads. The Texas Department of Transportation’s government relations department has also frequently come under fire from lawmakers and cutting its budget would limit the ability of the department to use state funds to promote its agenda.
File Attachments:
Sunset Staff Recommendation on the Texas Department of Transportation

To read the Lone Star Report, link here:

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