TxDOT Agrees to Property Rights and Taxpayer Protections

Today, State Representative Bryan Hughes (R-Mineola) applauded the Transportation Commission on its formal adoption of principles to help address public concern over of the direction of state transportation policy.

The Transportation Commission today adopted a minute order agreeing to five requirements and issuing two new protections for future transportation infrastructure development.

Rep. Hughes stated, “Transportation infrastructure is critical to the future growth of Texas, but many of us have been concerned about the direction TxDOT was going.” He continued: “I am working to ensure that the state’s transportation needs are met responsibly and with respect for private property rights. The latest action by the Transportation Commission is a step in the right direction.”

The minute order adopted today by the Transportation Commission is a response to a February 4 letter from the Texas Conservative Coalition (TCC), the conservative caucus of the Texas Legislature. Rep. Hughes, along with thirty-three of his colleagues in the Texas House, sent the letter asking for adherence to fundamental transportation safeguards. Based on the TCC letter, the Transportation Commission has formally agreed to adhere to the following requirements:

• The state will retain ownership of its state highways and will not transfer this ownership to private developers.
• All contracts entered into by the Department will contain provisions that allow the state to buy back any facilities that have been leased to a private developer.
• The Department will only approve initial rates for toll projects in a public meeting and in coordination with local metropolitan planning organizations.
• Tolling will only be imposed on new capacity, and the amount of non-tolled lanes on existing roads will not be reduced.
• No contract entered into by the Department will include any limitations or prohibitions on improvements needed to existing or future highways.

The Transportation Commission minute order also issues the following property rights safeguards:

• The Department will utilize existing rights of way and easements when possible so that private property is not taken when it is not needed.
• Transportation projects will be planned, subject to environmental regulations, so that existing property is not split into separate tracts.

Rep. Hughes stated, “It was time that the Transportation Commission clearly and decisively responded to Texans’ concerns regarding state transportation policy.” He concluded: “I appreciate the Commission’s willingness to listen and to work with the Legislature. But even with today’s commitment to sound principles, I will continue to listen to my constituents and be their voice as we set transportation policy that meets the needs of the people of Texas and respects private property rights.”

State Representative Bryan Hughes represents House District 5 in the Texas House of Representatives. He is a member of the Board of Directors of the Texas Conservative Coalition.