By BETSY BLANEY - Associated Press - Tuesday, July 3, 2007
LUBBOCK - One Central Texas farmer said he was "dumbfounded" by Gov. Rick Perry's veto of an eminent domain bill designed to protect landowners when the state wants to take their property.
Robert Fleming is not alone in an area worried about the massive Trans Texas Corridor proposal. The planned route cuts through Fleming's Bell County farms. He's bewildered by Perry's veto.
"We were so close to getting something done," Fleming said. "We've worked hard trying to get private property rights."
Perry vetoed the bill, and 48 others, June 15.
In 2005, the U.S. Supreme Court ruled in Kelo et al v. City of New London that cities can seize homes under eminent domain for use by private developers. Texas Farm Bureau spokesman Gene Hall said the ruling also said that states that want it otherwise can craft laws to do so. That's what the bill Perry vetoed would have done, he said.
Perry in 2005 named the eminent domain issue as an emergency item in a special session, Perry spokesman Robert Black said.
"The bill Governor Perry vetoed would have had little impact on rural Texas. It was targeted at high-growth urban areas," Black said.
The Trans Texas Corridor is the plan kick-started several years ago by Perry to build 4,000-plus miles of tollways and railways that would incorporate oil and gas pipelines, utility and water lines and broadband data lines.
One reason Perry gave for vetoing the bill was that it would have expanded damages a landowner could recover to include diminished access to roads from remaining property when a portion of the property is condemned, according to a release from Perry's office.
Also, landowners would have been able to collect damages for factors that include changes in traffic patterns and a property's visibility from the road, which Texas courts have knocked down because of the added costs to public projects that taxpayers would have to pay, the release states.
After the bill passed both houses - 125 of 150 votes in the House and unanimously in the Senate - Perry's office heard from most fast-growing cities and counties asking him to veto the bill; the cost of constructing state and local projects would have increased by more than $1 billion, the release stated.
"As someone who grew up in rural Texas, and farmed our family's piece of land, I am a strong proponent of protecting private property rights," Perry said in the statement. "But the issue is one of fairness to taxpayers, who will get fleeced in order to benefit condemnation attorneys."
Perry supported the bill early on but had objections to amendments added later, the release states.
The eminent domain issue for portions of the corridor proposal currently is on a back burner, Texas Farm Bureau officials said.
"The more time we have to spread our story and to make an issue out of [eminent domain] is certainly going to help the property owners," said Fleming, who grows corn and wheat and raises cattle.
Bureau officials said they believed Perry wanted to fix Texas' eminent domain law, having met with him early in the session.
"The taking of private property has become far too easy in this state," Kenneth Dierschke, president of the bureau, said in a statement. "Obviously, there are many powerful interests that prefer it stay that way."
Fleming took aim at Perry, saying he has turned his back on agriculture and his veto makes that clear.
"I feel like he's let us down a little bit," Fleming said. "He's got big ag background but since he's become a politician, he's kind of left ag out."
Bureau spokesman Gene Hall said the group will work to revisit the issue when legislators next gather in regular session in 2009. And they will talk with Perry.
"All we can do now is talk with him and work with him," Hall said. "We are serious about this."
Read more in Land and Livestock
Showing posts with label Trans Texas Corridor. Show all posts
Showing posts with label Trans Texas Corridor. Show all posts
Monday, July 16, 2007
Wednesday, May 23, 2007
TX - Action Alert - Tic Tic Tic the Clock is tickin' - TTC bomb buried in legislation
by Faith Chatham - Daily Kos and Texas Kaos -Wed May 23, 2007
Gov. Perry insisted that MARKET VALUATION be inserted into Texas Senate Bill 792. This is a long bill. They did not open this bill to public testimony. They rushed it through the Senate, suspending the rules so that they could take all three reading in one day and vote it out of the Senate untouched. It became known as Perry's compromise transportation bill and was seen as the last chance to get the 2 year moratorium on toll roads passed and signed into law by the Governor.Read more
Fortunately on the floor of the Texas House there were a few people with more spine than the lap dogs in the Senate who red stamped Perry’s dictates. Some DFW area reps argued against application of Market Valuation on SH 161. They didn't touch the real problem but only complained that it might slow down the projects. The big problem in that adding market valuation turns all toll projects into CDAs requiring rates high enough to generate billions of dollars of surplus toll revenue to be paid as concession payments to the RTCs and TxDOT!
Tuesday, May 22, 2007
T.U.R.F. warns that Market Valuation in SB 792 allows backdoor CDAs
MARKET VALUATION(IE - CONCESSION FEES) WILL BE MANDATORY ON ALL TOLL PROJECTS IF SB 792 PASSES AS WRITTEN! TRADITIONAL TURNPIKES NO LONGER AN OPTION!
A third party appraiser would determine the market value of the road and that amount, once agreed upon by TxDOT and the tolling entity, would be deposited in subaccounts JUST LIKE A CONCESSION FEE with CDAs! Motorists taking that tollway will then be charged OPPRESSIVELY HIGH TOLLS beyond the cost of building that specific road since the toll rate now has to cover the upfront fee (which is just like a concession fee!).
“Market valuation” is TxDOT and the Governor’s GOTCHA in SB 792. In speaking with many legislators, most DO NOT KNOW THIS and thought market valuation only applied to the buy back provisions or were optional or applied only to certain projects. Senator Robert Nichols added an amendment stating if both the tolling entity and TxDOT CANNOT AGREE on the market value the project cannot move forward. However, most legislators don’t realize this means the PROJECT DIES and cannot go forward USING THE TRADITIONAL TURNPIKE model. So unless your tolling entity can agree with this rogue agency, YOUR PROJECT DIES ALTOGETHER!
Market valuation tolling is like a back door CDA! Do we really have a CDA moratorium when this is the case? Will your constituents back home think YOU VOTED FOR A WIN when they’re going to be charged OPPRESSIVELY HIGH tolls anyway?
We fear this opens another can of worms that will bring regrets similar to HB 3588. Many wanted to “correct the sins of the past” this session in regards to tolling and for having “created a monster” in TxDOT.
Here's what Senator Robert Nichols said about market valuation in the Lone Star Report, May 21, 2007: "For the first time you're having a county toll authority or a regional mobility authority that is going to have to come up with a front end concession, kind of like a private entity. They're going to have to commit to spend those funds. Either to TxDOT or to other projects in that area."
Is getting a compromise bill signed more important than enacting good transportation policy that’s been fully vetted and had the proper public debate? Unleashing yet another monster on the taxpaying public with provisions stuck in a bill at the last minute should cause us all to pause. It’s clear few knew what they were voting on last week. This Legislature needs to step back and focus on getting a good bill passed, not on special session threats or rushing to the finish line empty-handed. May it be said you finished well, and in a way that you won’t regret back home.
Signed,
Terri Hall
Founder/Director
Texans Uniting for Reform & Freedom (TURF) &
San Antonio Toll Party
www.TexasTURF.org
Friday, May 11, 2007
House Members Must be Drinking Even Stronger Kool-Aid than Normal
Editorial by Faith Chatham
Legislation passed by the Texas House this week includes deplorable language which stands among some of the worst policies forwarded by that sometimes demenented institution.
1. While refusing to fix Transportation Funding so that Texans can have necessary state infrastucture built and maintained on tax money and pushing approval of 50 year toll contracts with private companies, the Texas House voted to cut gasoline taxes this summer by 20 cents a mile. If they truly cared about high gasoline cost, they could pass a windfall profit tax to hit at the gougers. Instead they send the message that Texas is not in a Transportation funding crisis. Attempting to justify the tax cut by taking the money of the general fund is a sham when they are refusing to stop the diversions from transportation into other uses, refusing to index the gas tax, and refusing to fully fund the Mobility Fund so that the state will have sufficient transportation funds to leverage on the bond market for transportation project financing.
2. The House passed HB 2268 which gives TxDOT, an out-of-control agency which needs an immediate, through investigation and reorganization, more authority.
Legislation passed by the Texas House this week includes deplorable language which stands among some of the worst policies forwarded by that sometimes demenented institution.
1. While refusing to fix Transportation Funding so that Texans can have necessary state infrastucture built and maintained on tax money and pushing approval of 50 year toll contracts with private companies, the Texas House voted to cut gasoline taxes this summer by 20 cents a mile. If they truly cared about high gasoline cost, they could pass a windfall profit tax to hit at the gougers. Instead they send the message that Texas is not in a Transportation funding crisis. Attempting to justify the tax cut by taking the money of the general fund is a sham when they are refusing to stop the diversions from transportation into other uses, refusing to index the gas tax, and refusing to fully fund the Mobility Fund so that the state will have sufficient transportation funds to leverage on the bond market for transportation project financing.
2. The House passed HB 2268 which gives TxDOT, an out-of-control agency which needs an immediate, through investigation and reorganization, more authority.
House Bill 2268 let's TxDOT acquire land before a toll or road project is approved, before environmental studies are completed, before public hearings take place, etc. In short, it lets TxDOT lock in a route in advance, and then pretend like all the public input and research might actually change their decision. - Sal Costello
KRUSEE PASSES TXDOT TOLL EMPOWERMENT BILL
EDITORIAL by Sal Castello
May 11, 2007
A new bill that gives the rogue agency TxDOT more authority, HB 2268, just passed out of the House and is now heading for the Senate.
Rep. Krusee will have others hold hold up this horrible bill and claim it is a solution citizens have been asking for, but it does just the opposite and gives TxDOT MORE power to steal our land and our roads! House Bill 2268 let's TxDOT acquire land before a toll or road project is approved, before environmental studies are completed, before public hearings take place, etc. In short, it lets TxDOT lock in a route in advance, and then pretend like all the public input and research might actually change their decision.
Contact ALL Senate Transportation Committee members and tell them, “Kill HB 2268 in committee. We do not want to give TxDOT more power."
Phone the capitol and ask for each Senator 512-463-4630 (John Carona, Kirk Watson, Kim Brimer, Rodney Ellis, Robert Nichols, Florence Shapiro, Eliot Shapleigh, Jeff Wentworth, Tommy Williams). To email: firstname.lastname@senate.state.tx.us (replace with each senator's first or last name, for example 'john.carona@senate.state.tx.us')
MR. 39% HAS "NO TOLL FREEZE" PRESS CONFERENCE TODAY
Rick "Mr. 39%" Perry will wave a 6 page letter at his press conference Friday from the Federal Highway Administration (to compete with a good letter Hutchison extracted from Secretary Peters) in order to justify vetoing the private toll moratorium bill, HB 1892.
THE MUDRACKER
May 11, 2007
A new bill that gives the rogue agency TxDOT more authority, HB 2268, just passed out of the House and is now heading for the Senate.
Rep. Krusee will have others hold hold up this horrible bill and claim it is a solution citizens have been asking for, but it does just the opposite and gives TxDOT MORE power to steal our land and our roads! House Bill 2268 let's TxDOT acquire land before a toll or road project is approved, before environmental studies are completed, before public hearings take place, etc. In short, it lets TxDOT lock in a route in advance, and then pretend like all the public input and research might actually change their decision.
Contact ALL Senate Transportation Committee members and tell them, “Kill HB 2268 in committee. We do not want to give TxDOT more power."
Phone the capitol and ask for each Senator 512-463-4630 (John Carona, Kirk Watson, Kim Brimer, Rodney Ellis, Robert Nichols, Florence Shapiro, Eliot Shapleigh, Jeff Wentworth, Tommy Williams). To email: firstname.lastname@senate.state.tx.us (replace with each senator's first or last name, for example 'john.carona@senate.state.tx.us')
MR. 39% HAS "NO TOLL FREEZE" PRESS CONFERENCE TODAY
Rick "Mr. 39%" Perry will wave a 6 page letter at his press conference Friday from the Federal Highway Administration (to compete with a good letter Hutchison extracted from Secretary Peters) in order to justify vetoing the private toll moratorium bill, HB 1892.
THE MUDRACKER
Wednesday, April 25, 2007
The Billion Dollar Question
This is the DFW region's 30 year transportation plan. Will this plan make DFW businesses less competitive with companies located in other parts of the state which do not rely on toll roads to raise revenue for state highway construction and maintenance?
[Click on images to enlarge]
During the 30 years (2000-2030) the RTC (Regional Transportation Commission of the NTCOG) and TxDOT propose to add 675 miles of managed lanes (TOLL FREEWAYS and TOLLED HOV LANES on existing Freeways) in the DFW region.
In California, during rush hour traffic, managed HOV toll lanes carry too few cars while public lanes are much too congested. Should we adopt the same model here?
[Click on images to enlarge]
During the 30 years (2000-2030) the RTC (Regional Transportation Commission of the NTCOG) and TxDOT propose to add 675 miles of managed lanes (TOLL FREEWAYS and TOLLED HOV LANES on existing Freeways) in the DFW region.
They only propose adding 70 additional miles of NON-TOLLED FREEWAYS! They are planning to sign 50 year contracts for these tolled managed lanes and toll roads! EXEMPTING DFW from the 2 year moratorium is BAD if this is the BEST THEY HAVE TO OFFER!
The legend is hard to read. It says that:
Green is proposed New Toll ways.
Blue is proposed extensions of existing freeways/toll ways
or improving existing highways/freeways
by adding HOV toll lanes.
Black is freeways/toll ways.
Red is non-tolled freeways.
From 2000 to 2030 the Regional Transportation Plan for DFW:
| 2000 | 25 miles of existing toll roads built and managed by public toll authority |
| 2030 | 675 miles of managed lanes and toll road under CDAs (Public private partnerships with 50 year contracts financed at higher rates than public bond and with higher tolls to generate "SURPLUS TOLL REVENUE" for investor return on investment (profit) and up-front payments to the RTC for use on non-toll projects). |
Will citizens in this area pay more than their fair share for highway construction?
Will they have to pay their fair share of state gasoline and other taxes which builds roads in other regions while still having to pay high tolls to travel in their own region?
Is utilizing state highway right-of-way (real estate) for tolled lanes adjacent to public highway lanes which are insufficient to handle the traffic the best way to address traffic congestion?
In California, during rush hour traffic, managed HOV toll lanes carry too few cars while public lanes are much too congested. Should we adopt the same model here?
Thursday, March 08, 2007
TTC & NAIS Unraveling - part 3
Premise Registration of pets and farm animals is a FEDERAL GOVERNMENTAL initiative that is worming its way through state legislatures across American. In 2005 a one page bill was passed by the Texas Legislature and signed into law. It has not been implemented yet. Texans who are furious about the Trans Texas Corridor Toll Road landgrab are standing with Ranchers who are opposed to the implementation of mandatory microchip ID for animals and premise registration.
Outrage is bridging partisian boundaries. Liberals, progressives, moderates, conservatives, ultra conservatives and even those who are normally politically apathetic united in Austin March 1st and 2nd, sending clear messages.
Don't Tag my pets, Don't register my home or farm as a premise! Don't take my land!
The message was clearly conveyed: Trans Texas Corridor -- Zachry, Cintra, TxDot, Rick Perry: STAY OFF MY LAND! "My Land is NOT Your Land" was the battle cry.
Why should this matter to people who live in Pennsylvania, New York, Oklahoma, and other states? It matters because these "policies" are being pushed from Washington down to the states. The Texas Department of Transportation (TxDot) announced the selection of Cintra, a Spanish based corporation to manage part of an existing State Highway (SH-121) as a private/public partnership toll road. Cintra, with Texas based Zachry Construction, has been chosen by TxDot to build and operate the massive Trans Texas Corridor. Contracts have not been signed. They must be reviewed and approved by the Transportation Committee.
During the past three years, massive portions of the Texas Transportation Code was revoked or amended . Much TTC and private/public partnership toll project language was inserted into numerous bills in both houses of the Texas Legislature. Many of the Senators and State Representatives who sponsored and voted for the changes received generous campaign contributions from Zachry and other businesses and individuals with financial interests in the TTC.
Last week the Texas Senate Committee on Transportation held an eight hour hearing on SH-121 and the TTC. People came from all over the State. They had to open two additional large hearing rooms and connect them with live television feeds to accommodate the hundreds of Texans who drove to Austin for the hearing.
(Videotaped testimony is available at http://www.senate.state.tx.us/avarchive/ (Select March 1 Senate Committee on Transportation & Homeland Security Hearing Regarding the Trans Texas Corridor)
It is challenging to unravel the methodology which was utilized to sell local and State officials on this massive land grab. It is an ill-conceived overly expensive plot. Similar things are occurring in other States. Driven from Washington, legislation to change laws to implement the NAIS and Public Private Toll Road Partnerships have turned Texas into the frontline for national implementation of significant and far-reaching changes in property rights, transportation financing, removal of appropriation control from elected legislative bodies to control of obscure bodies of political appointees. It is probable that Governor Rick Perry's close ties to George W. Bush and Bush's ties in Austin resulted in Texas acquiring the dubious "pleasure" of being selected as the pilot for the Bush Administrations "vision" for revamping the nation's transportation and homeland security. NAIS is definitely Washington driven. National Animal Identification System is a Federal Initiative with joint Agriculture, FDA and Homeland Security oversight!
This is the third in a five part series of journals on the uproar in Texas. Citizens have banded together demanding repeal of legislation which mandates computer chip animal identification and premise registration and of TTC enabling language.
SO HOW DID WE GET HERE? HOW CAN WE INSURE THESE BAD POLICIES CONTINUE TO UNRAVEL?
Rick Perry was re-elected governor in 2006 with the lowest percentage of votes cast for any winning governorial candidate in Texas in modern history. Many more Texans voted for statewide candidates for Agriculture Commissioner and Attorney General who did not win the election than voted for Rick Perry. Incumbents who have been Perry adminstration team players watched massive numbers of their constituents voice disapproval of the TTC at TxDOT hearings all over Texas last summer. They saw support shift from conservative incumbent to anti-TTC populist challengers. Now many who have sponsored TTC enabling legislation or voted in favor of it are back peddlings, saying "I want a do over!"
It takes a lot to get a lot of thousands Texans motivated enough to descend on Austin at one time. Austin is not the easiest place to get to in Texas. Trains only run through Austin once a day. Air service isn't the greatest. Highways are congested and there always seems to be some construction project on the more narrow, overcrowded corridors. It was probably by design. Legislators have historically been viewed by Texans as problems which need to be contained. Constitutionally, State Representatives are "part-time" and the Legislative session is much shorter than in many smaller states with greater population. My College History and Political Science professors all said it was because Texans fear that they'll do too much damage if given more time. Yet last week between 5000 to 6000 people from all over Texas took to the streets. They hauled their horses, chickens, tractors, goats and family pets and marched down Congress Avenue to the State Capitol. It was Texas Independence Day and Texans were declaring INDEPENDENCE over current tyrrany!
Examination of the butcher job they've done on Transportation and Agriculture codes in the past 2 years gives us good cause for such caution. Some of the most far-reaching, radical changes to the Transportation Code were passed in the middle of the night. Much of what has brought us to this particular place occurred in small working groups, at privately funded transportation seminars, in poorly advertised "public meetings" of obscure committees in Councils of Government all over the state. TTC enabling language was presented to Legislative Counsel by attorney's working for various special interest and the language made its way into numerous pieces of legislation in both houses. The clients of these attorneys can hide behind "attorney client privilege", circumventing the ethics rules. The attorneys are able to avoid disclosing who they are representing and these visits are not classified as "Lobbyist" activity! It is not a loophole. It is not even a hole the size of a barn door. It is more like an opening the size of the pasture where the barn should be standing!
A one page bill (C.S.H.B. 1361) passed inro law in Texas September 1, 2005 (but not yet implemented)requires mandatory registration of all premises with animals or poultry, mandatory computerchip ID system, and 24-hour reporting of death or transfer of animal ownership. With only a few paragraphs the way farming, ranching and ownership of horses and domestic pets was reengineered (at least on paper). The cost to implement this program are astounding --on both the bureaucratic level. The shift in privacy rights, property rights, and potential civil rights resulting from implementation of NAIS are mind boggling. We'll explore them in greater detail in journals later this week.
Rick Perry's administration will probably become known as one of the most corrupt administrations in the past quarter of a century. Media doesn't really cover what goes on policy wise in Austin very throughly. Transportation stories usually get buried in obscure places in newspapers. It is difficult to explain complex scenarios in television news bites. Most assignment editors think that the public just isn't all that interested in what the Legislature does. Fortunately the internet and search engines allow us to get some coverage of "our tax dollars at work!" Shame that they are usually not working for us!
The cherry on top is that the folks in public office in Austin are the ones that the majority of Texans (probably) voted for. I say probably because we have had some really big problems with the electronic voting machines -- especially with how accurately they tabulate the votes. During the 2006 Primary, there was over a 100,000 vote tabulation error in Tarrant County and many other snafu's reported in other counties. Few of us are confident that anyone really knows how many people voted for any one candidate. But a lot of people have invested time, and money and faith in the folks in Austin. It is difficult to accept the truth about people you have supported and trusted. Denial reigns supreme in many circles.
When it comes to faith in Texas incumbents, I haven't invested much faith in any of them. There are a few that occasionally get my attention and surprise me pleasantly. Whether Republican or Democrat, I usually try give them a call when I see them do anything good that impresses me. However, I don't have to spend a lot of time on such calls because overall, most of them never rise above C-, even when they "pleasantly surprise" me!
There is nothing that says you have to be intelligent to be elected to the Texas Legislature. There are some who are very intelligent. There are some who are relatively honest. There are few who are both honest and intelligent. They are responsible for that but the voters are the ones who are responsible for selecting them. And we entrust them with setting policies which are complex and have far-reaching consequence to billions of people every day. Selecting the least qualified, academically challenged and intellectually deficient candidates seems to be a pattern of both major parties -- in Texas and elsewhere. (One example is the election of Paula Hightower-Pierson, a high-school drop-out who did not return to school to get a college education, as a Democratic State Representative in 2006). State Party leaders (and the media) tend to rate candidates only in terms of how much money they can access for media buys rather than on credentials, track record, character or intellect!
Once elected, most legislators rely on the Legislative Counsel (and lowly paid staff) to explain the bills and language contained in bills. Counsel frequently relies on contacts from trade groups who come to them on behalf of unnamed entities with language for bills. It is difficult to determine who staffers rely on for their interpretation of complex policies and legislation! Now that there has been consistent, loud, sometimes stringent outcry from Texans from all political parties on the Cintra-Zachry TTC deal and NAIS, many Senators and State Representatives are are saying that they 'didn't understand' what they were doing when they sponsored certain TTC enabling legislation. Many of them probably didn't comprehend the implications in the language of the bills they put their names on as author or sponsor. However, for many, it probably just appears better politically to them right now to try to deny it and distance themselves as far as possible from their previous positions and votes.
A former State Representative told me that he thinks that many of them probably didn't have a clue what language in the TTC Transportation bills really meant. They were told that private public partnerships for toll roads would help them keep gasoline taxes low. Since they'd raided the designated transportation funds and refused to call for bond issues or raises to the gasoline tax for decades for highway construction, they grasp for straws. Legislative session after legislative session for over 20 years, highway and bridge maintenance has been deferred. Population explosions in the major urban centers has resulted in increased urban sprawl and traffic gridlock. Federal funds for rail and mass transit dried up and cities and counties looked for sources (other than local tax money or bond elections) for local transportation projects.
There is a lot of cronyism and out and out thievery in Austin. But the buck really rests with those of us in the hinterlands. We're the folks who allowed them to be elected to office and we're the folks who have allowed them to continue there. There are ways to rein-in errant elected officials. One immediate thing we can do is continue to exert pressure on the Texas Legislature to repeal NAIS. Here is a background paper on legislation that will change "mandatory" to "voluntary".
http://www.capitol.state.tx.us/tlodocs/79R/analysis/doc/HB01361H.doc
Amazing how one short, one page document can raise so much havoc in so very very many lives.
C.S.H.B. 1361 By: Hardcastle
Agriculture & Livestock Committee Report (Substituted)
… Because of its complexity, the United States Department of Agriculture (USDA) plans on phasing in the National Animal Identification System (NAIS). It is vital that Texas develop and implement within the state an animal identification program that is consistent with that of the USDA.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Animal Health Commission in SECTION 1 of this bill.
ANALYSIS
This bill creates an animal identification program to provide for disease control and to enhance the ability to trace disease-infected animals, which is consistent with the United States Department of Agriculture's National Animal Identification System. The Texas Animal Health Commission (Commission) may require the use of official identification numbers and may establish a date by which all premises must be registered. The Commission may further assess a registration fee on all entities that register for a premises identification number. This bill provides that information collected by the Commission is exempt from public disclosure requirements. The bill authorizes the Commission to disclose information to certain persons, including a governmental entity. The bill provides for penalties for failure to comply with the Commission's order. The bill authorizes the Commission to adopt, implement and enforce rules for the animal identification system.
EFFECTIVE DATE
This Act takes effect September 1, 2005.
CALL TO ACTION ON NAIS:
Status in Texas In 2005, the Texas Legislature adopted HB 1361, codified at §161.056 of the Agriculture Code, authorizing the TAHC to implement NAIS on a mandatory basis in Texas. The TAHC proposed mandatory regulations for premises registration in December 2005, but withdrew them after a public outcry.
In November 2006, the USDA stated that it does not intend to adopt mandatory federal regulations, so there is no federal law or regulation requiring implementation of this program by Texas.
Issues
The NAIS will cause a variety of problems:
• Massive intrusion into people’s lives: individuals will have to provide detailed information about their property, businesses, and their own movements to government and private databases;
• Burden on property rights: the premises registration number will attach to the land forever, and people’s rights to manage their land and animals will be restricted;
• High costs: registration, tagging, and reporting all carry costs in both time and money;
• Loss of small farmers and ranchers: many will be unable to afford the program, or unwilling to accept the government intrusion;
• Damage to the economy: businesses that rely on small farmers, such as sales barns, supply stores, and even tourism, will be harmed;
• Reduced choices and increased costs for consumers;
• Violation of many Americans’ religious beliefs; and
• Increased government bureaucracy and waste of taxpayer dollars. Neither the USDA nor the TAHC has performed a cost analysis of the program. Costs for similar programs in other countries are estimated to range from $37/head to $69/head. According to the 2002 USDA census and a 1998 study, Texans own over 14 million cattle, 1 million sheep, 1 million goats, and 1 million horses, the majority of which are on small farms. The NAIS will likely cost Texans hundreds of millions of dollars.
The NAIS will not provide benefits to justify these costs.
The stated purpose of the NAIS is to provide 48-hour traceback to address animal disease. But the NAIS does not address the critical issues for disease prevention and control:
• the causes of disease, especially differences in management;
• the vectors of disease transmission, including wild animals, insects, and imports;
• testing for disease, including tests for Mad Cow and other food-safety issues; and
• the unique issues posed by each species and each disease Contrary to claims, the NAIS will not protect against bio-terrorism.
Terrorists are unlikely to target hobby animal owners and small farmers. Microchips are vulnerable to cloning and computer viruses. The type of microchip specifically recommended for horses and cattle, the ISO microchip, is designed to be reprogrammable, so anyone can easily change the numbers.
The large databases will provide an easy target for hackers. Indeed, even without intentional tampering, the large databases will be unmanageable, as has already been found in Australia. The USDA has stated that NAIS is not a food safety program. Under NAIS, tracking ends when the animal is killed at the slaughterhouse. Most food-borne illnesses occur because of contamination from poor practices after slaughter. NAIS will do nothing to address these issues. Food safety needs to be addressed by increased standards and inspection of food processing facilities, including testing for Mad Cow Disease.
The final stated justification for the NAIS is to improve the export market. However, there are better ways to reach agreement with Japan and other foreign countries, including allowing those meat packers who wish to export beef to test their animals for BSE.
If tracing is a market benefit, let the market implement it, not a mandatory government program using our tax dollars. The USDA also has a “Process Verified Program,” which allows qualifying suppliers to market themselves as “USDA Process Verified,” including age and source verified. Any such program should be voluntary, non-coercive, allow for true competition, and paid for by the participants so that it does not distort market forces.
Some of the alternatives to NAIS for improving animal health
• Develop educational programs for animal owners, addressing disease prevention through animal management and biosecurity, and identification of diseases requiring the intervention of a vet.
• Improve training for veterinarians in recognizing foreign and emerging animal diseases and develop a protocol for the use of rapid diagnostic tools in the field. (recommended by the United States Government Accountability Office in GAO-05-214 (Mar. 2005))
• Increase inspections of animals and agricultural products entering into Texas.
• Consider existing mechanisms for tracking livestock: brucellosis program, scrapie program, tuberculosis program, brand system, sales and slaughter records, and producers’ records. Analyze the costs and benefits of minor modifications to existing programs and alternative programs, such as a “book-end” system (i.e. no tracking of movements) that uses non-electronic means of identification when the animal enters the stream of commerce.
• Conduct scientific modeling to identify high-risk situations and quantify important factors, such as the level of contagion, the means of transmission, and the severity of the diseases of concern.
Proposed legislation HB 461 would amend the current statute to limit the TAHC’s authority to a voluntary program. HB 637 would also limit the program to voluntary only. HB 637 also:
(1) bars any coercive measures from being used; and
(2) requires full disclosure before any person can be enrolled in the program, and provides an unrestricted right to withdraw from it.
This legislation would allow the TAHC to develop NAIS as a voluntary, market-driven program, consistent with the USDA’s November 2006 announcements.
Crossposted on Daily Kos, Texas Kos and Diatribune.
Friday, January 19, 2007
TCC big money interests spread propoganda
Despite a record surplus, the Governor of Texas and TxDot leaders claim that Texas cannot afford to build highways without tolls. Gee whiz. They seem to think that Texans are idoits. Somehow they think we will believe that money out of our pockets to pay tolls is better than money out of our pockets to pay taxes to build and maintain highways.
It is a big shell game and they persist in playing Texas voters (Democratic, Republican and Independent)as fools. Across Texas billboards have appeared claiming that the TTC will give us jobs and make us safer! These boards appear to be Clear Channel bulletins paid for by the Outdoor Advertising Association. Wonder if they have an under the table agreement with the state that they'll get the contracts for new billboards? Something is up folks and it isn't good.
Texans are uniting against the TTC. Texas Toll Party, Independent Texans are joining with Texas Democrats and Republicans. March 2nd (Texas Independence Day) there will be a rally in Austin by Texans who want their tax money to be spent for the highest priorities --- good roads and highways, no tolls, state control of infrastructure. We'll share more information as we get it.
It is a big shell game and they persist in playing Texas voters (Democratic, Republican and Independent)as fools. Across Texas billboards have appeared claiming that the TTC will give us jobs and make us safer! These boards appear to be Clear Channel bulletins paid for by the Outdoor Advertising Association. Wonder if they have an under the table agreement with the state that they'll get the contracts for new billboards? Something is up folks and it isn't good.
Texans are uniting against the TTC. Texas Toll Party, Independent Texans are joining with Texas Democrats and Republicans. March 2nd (Texas Independence Day) there will be a rally in Austin by Texans who want their tax money to be spent for the highest priorities --- good roads and highways, no tolls, state control of infrastructure. We'll share more information as we get it.
Tuesday, August 01, 2006
A TRANS TEXAS CORRIDOR NAFTA PARABLE
THIS PARABLE IS DEDICATED TO RICK PERRY, DAVID DEWHURST, TODD STAPLES, FRANK CORTE, GREG ABBOTT and all the elected officials in Texas who took Campaign Contributions from H.B. Zachry and worked diligently to get the Texas Transportation Code and Eminent Domain Statues changed to enable construction of the Trans Texas Corridors and similar toll initiatives.
The Trans Texas Corridor initiative seems more like this parable:
Once upon a time let's say that I discovered that it was closer for me to go through your yard than it was for me to go around the block on the public street to conduct my business in the land beyond your homestead. So I begin to habitually take a short-cut through your yard. I make my own path through your shrubbery, detouring around your house and garage and walk through your property to deliver goods to my clients who live far beyond your lot line.
After a while, I complain about how much time I'm losing having to go between your house and garage. For me, I'd get there easier and faster if your house weren't in my way. I mean, after all, why should I be inconvenienced having to detour around your house when I have important business to conduct on the other side of your property!
Under current law, I can't just legally tear your house down. But I know some folks who owe me some favors. I do some things for some other folks so that they'll also owe me. I approach a man who owns a paving company with strong ties with the agency which regulates planning and construction of public paths. Then I find some "business men" and show them how they can profit if your house were gone and we had a direct path WE CONTROLLED through your property and this man's paving company poured the asphalt. Together we start dreaming about this path. Wouldn't it be even better, someone says, if there are concessions along the path. If they can't get off the path to patronize the businesses along existing streets, that will be better for us because we'll make more money. So while the "you scratch my back I'll scratch yours" gang is busy revising the Transportation and Property Codes of the government, we have them add in a clause allowing exercise of eminent domain for construction of a facility which serves users of the toll facility.
By scratching backs and showing folks how they can PROFIT from my scheme, I've moved from just cutting through your bushes and walking between your house and garage as I cut through to the other side of property to conduct my business on the other side of you to actually getting the law changed so that I can have your home torn down and land confiscated by the state. I can also get your neighbor's land condemned by eminent domain because it's contingent to a toll corridor and is NEEDED TO BE USED FOR A CONCESSION WHICH WILL BE USED BY USERS OF THE TOLL PATH.
Now, there are a lot of places in our town where more people actually need a paved path more than this one. There may even be some places where they need a bridge. But this project gets priority because I agree to pay for the clearing, demolition of your house, and the concrete to pave it. I get a 50 year right to set the rates for the toll and operate all the concessions along the path. I get the government to underwrite a lot of the studies and planning for this project because they are in the business of overseeing planning projects.
After we pour all this concrete the neighborhood looks different. Because it looks DIFFERENT, some people call it progress.
You no longer live there. Your next door neighbor no longer lives in the town. The land now belongs to the state. Your neighbors get their tax bills after completion of this project. The school district and county and city have divided their annual budgets among the number of remaining homeowners. Everyone has a tax increase. There is still a shortfall because even with a tax increase, there is less land available and when they need to build a new school, the price is higher for the land. But that's ok. Because it is now easier for the folks I did business with on the other side of your property to go through the path and not have to detour around where your house used to sit. No one actually stops on your land to do anything. They use the concession where your next door neighbor used to live as they travel through. But they don't patronize any of the businesses on the street where you lived. When they carry packages along this toll road to deliver to your former neighbors, they pay tolls. But that's o.k. because the pass the additional cost along to the buyers.
Oh, I forgot one thing. When I sell the VISION for building this toll path corridor, I point out that we need A MUCH WIDER RIGHT OF WAY than is actually called for right now. We need to plan for 50 years in the future. So we advise the "I'll scratch your back if you scratch mine gang" to write the law so that instead of the land that the path needs being condemned, they condemn three times that much land. We won't use it for 50 years, but that's o.k. We'll control it. It goes out of the local tax base too and more folks lose their homes. Those that remain have to absorb an even larger percentage of the taxes formerly paid by you and your neighbor. But I'm content.
I'm given an award by the City Father's for being a "Catalyst of Progress." I have more money, so I give a little of it to a charity run by one of the folks who helped me get the laws changed to Legalize all the illegal obstacles to progress that I decided needed to be eliminated so that I'd be enabled to "get a return on my investment" as I instigate getting this toll path built so that I'll not to be inconvenienced by having to detour around your house. I'm now known as a "humanitarian."
Our project has utilized public governmental planning agencies who usually plan public projects. They haven't had time to concentrate on public works projects except for our path. So the street that runs in front of the property where you used to live becomes filled with potholes and is actually dangerous to pedestrians and drivers. The tax base is less. The businesses on that road have closed down because they lost business when people started patronizing the businesses on the toll path. We approach the city and tell them that we can solve their problem. We'll use a bit of the money we made operating this first toll path to repair roads which are currently PUBLIC ROADS if they are turned into toll roads and we are given 50 years to operate them so we can get a return on our investment.
This time there are activists who are prepared for us and manage to demand this project be put to a vote. But it is obvious that the road will remain impassable because now the tax base of the town has dwindled to such a state that there REALLY IS no money in the budget to pave the public road. The toll initiative on the ballot passes by only a few votes, but I have a new project to profit on with my friend the paving contractor. The public street is now a toll road and we are studying where we want to locate the concessions.
--------
There will be goods shipped through Texas from Mexico to other states whether or not the TTC is constructed. Some folks are wondering TEXANS should give up our land and finance the TTC by paying tolls and higher property and school taxes! Don't we have other more important transportation needs that need to be met right now? TDoT, elected officials and transportation planners in COGS tell us that the TTC is necessary because we need to plan for 50 years in the future.
Planning for the future is fine when you have your CURRENT HOUSE IN ORDER. People without food on the table can't throw their entire annual budget into a retirement account. This initiative is one that transfers resources away from meeting VITAL TRANSPORTATION NEEDS in communities all over Texas right now! DFW is on the brink of having EPA shut down economic development. We have to address air quality along with transportation. Every urban center in Texas needs SOME transportation solution and this TTC snowgoose doesn't meet ANY OF THEM. But it's true, business interest shipping goods from Asia to Mexican ports will get those goods to market somehow. They want us to cut them a direct, less-costly-for-them route. We must fight for OUR NEEDS TO BE ADDRESSED before their comfort! If we build a corridor or highway or rail line for US, and they use it too, that's normal. That's not what they are asking. THE TTC is not a transportation plan to meet the needs of Texans. Instead of concentrating on this state's highest priority transportation needs, we're expected to forgo what we need to build this rail, utility and super toll highway from Laredo to Oklahoma to facilitate shipping through Texas.
Let's end this "good night" story with a quote from a lady who addressed the TDoT officials at the Dallas TTC Hearing: "What part of stupid do you think we are?"
The Trans Texas Corridor initiative seems more like this parable:
Once upon a time let's say that I discovered that it was closer for me to go through your yard than it was for me to go around the block on the public street to conduct my business in the land beyond your homestead. So I begin to habitually take a short-cut through your yard. I make my own path through your shrubbery, detouring around your house and garage and walk through your property to deliver goods to my clients who live far beyond your lot line.
After a while, I complain about how much time I'm losing having to go between your house and garage. For me, I'd get there easier and faster if your house weren't in my way. I mean, after all, why should I be inconvenienced having to detour around your house when I have important business to conduct on the other side of your property!
Under current law, I can't just legally tear your house down. But I know some folks who owe me some favors. I do some things for some other folks so that they'll also owe me. I approach a man who owns a paving company with strong ties with the agency which regulates planning and construction of public paths. Then I find some "business men" and show them how they can profit if your house were gone and we had a direct path WE CONTROLLED through your property and this man's paving company poured the asphalt. Together we start dreaming about this path. Wouldn't it be even better, someone says, if there are concessions along the path. If they can't get off the path to patronize the businesses along existing streets, that will be better for us because we'll make more money. So while the "you scratch my back I'll scratch yours" gang is busy revising the Transportation and Property Codes of the government, we have them add in a clause allowing exercise of eminent domain for construction of a facility which serves users of the toll facility.
By scratching backs and showing folks how they can PROFIT from my scheme, I've moved from just cutting through your bushes and walking between your house and garage as I cut through to the other side of property to conduct my business on the other side of you to actually getting the law changed so that I can have your home torn down and land confiscated by the state. I can also get your neighbor's land condemned by eminent domain because it's contingent to a toll corridor and is NEEDED TO BE USED FOR A CONCESSION WHICH WILL BE USED BY USERS OF THE TOLL PATH.
Now, there are a lot of places in our town where more people actually need a paved path more than this one. There may even be some places where they need a bridge. But this project gets priority because I agree to pay for the clearing, demolition of your house, and the concrete to pave it. I get a 50 year right to set the rates for the toll and operate all the concessions along the path. I get the government to underwrite a lot of the studies and planning for this project because they are in the business of overseeing planning projects.
After we pour all this concrete the neighborhood looks different. Because it looks DIFFERENT, some people call it progress.
You no longer live there. Your next door neighbor no longer lives in the town. The land now belongs to the state. Your neighbors get their tax bills after completion of this project. The school district and county and city have divided their annual budgets among the number of remaining homeowners. Everyone has a tax increase. There is still a shortfall because even with a tax increase, there is less land available and when they need to build a new school, the price is higher for the land. But that's ok. Because it is now easier for the folks I did business with on the other side of your property to go through the path and not have to detour around where your house used to sit. No one actually stops on your land to do anything. They use the concession where your next door neighbor used to live as they travel through. But they don't patronize any of the businesses on the street where you lived. When they carry packages along this toll road to deliver to your former neighbors, they pay tolls. But that's o.k. because the pass the additional cost along to the buyers.
Oh, I forgot one thing. When I sell the VISION for building this toll path corridor, I point out that we need A MUCH WIDER RIGHT OF WAY than is actually called for right now. We need to plan for 50 years in the future. So we advise the "I'll scratch your back if you scratch mine gang" to write the law so that instead of the land that the path needs being condemned, they condemn three times that much land. We won't use it for 50 years, but that's o.k. We'll control it. It goes out of the local tax base too and more folks lose their homes. Those that remain have to absorb an even larger percentage of the taxes formerly paid by you and your neighbor. But I'm content.
I'm given an award by the City Father's for being a "Catalyst of Progress." I have more money, so I give a little of it to a charity run by one of the folks who helped me get the laws changed to Legalize all the illegal obstacles to progress that I decided needed to be eliminated so that I'd be enabled to "get a return on my investment" as I instigate getting this toll path built so that I'll not to be inconvenienced by having to detour around your house. I'm now known as a "humanitarian."
Our project has utilized public governmental planning agencies who usually plan public projects. They haven't had time to concentrate on public works projects except for our path. So the street that runs in front of the property where you used to live becomes filled with potholes and is actually dangerous to pedestrians and drivers. The tax base is less. The businesses on that road have closed down because they lost business when people started patronizing the businesses on the toll path. We approach the city and tell them that we can solve their problem. We'll use a bit of the money we made operating this first toll path to repair roads which are currently PUBLIC ROADS if they are turned into toll roads and we are given 50 years to operate them so we can get a return on our investment.
This time there are activists who are prepared for us and manage to demand this project be put to a vote. But it is obvious that the road will remain impassable because now the tax base of the town has dwindled to such a state that there REALLY IS no money in the budget to pave the public road. The toll initiative on the ballot passes by only a few votes, but I have a new project to profit on with my friend the paving contractor. The public street is now a toll road and we are studying where we want to locate the concessions.
--------
There will be goods shipped through Texas from Mexico to other states whether or not the TTC is constructed. Some folks are wondering TEXANS should give up our land and finance the TTC by paying tolls and higher property and school taxes! Don't we have other more important transportation needs that need to be met right now? TDoT, elected officials and transportation planners in COGS tell us that the TTC is necessary because we need to plan for 50 years in the future.
Planning for the future is fine when you have your CURRENT HOUSE IN ORDER. People without food on the table can't throw their entire annual budget into a retirement account. This initiative is one that transfers resources away from meeting VITAL TRANSPORTATION NEEDS in communities all over Texas right now! DFW is on the brink of having EPA shut down economic development. We have to address air quality along with transportation. Every urban center in Texas needs SOME transportation solution and this TTC snowgoose doesn't meet ANY OF THEM. But it's true, business interest shipping goods from Asia to Mexican ports will get those goods to market somehow. They want us to cut them a direct, less-costly-for-them route. We must fight for OUR NEEDS TO BE ADDRESSED before their comfort! If we build a corridor or highway or rail line for US, and they use it too, that's normal. That's not what they are asking. THE TTC is not a transportation plan to meet the needs of Texans. Instead of concentrating on this state's highest priority transportation needs, we're expected to forgo what we need to build this rail, utility and super toll highway from Laredo to Oklahoma to facilitate shipping through Texas.
Let's end this "good night" story with a quote from a lady who addressed the TDoT officials at the Dallas TTC Hearing: "What part of stupid do you think we are?"
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