Lawmakers take up report on inadequacies at TxDOT

The Texas Department of Transportation has come under scrutiny recently over planned public-private toll road partnerships, the route of the proposed Trans-Texas Corridor superhighway and a billion-dollar budgeting error.

By APRIL CASTRO
The Associated Press

7/16/2008

AUSTIN — Lawmakers raised the possibility Tuesday of making the state transportation commissioner an elected position as they plowed through a proposal to revamp the Texas Department of Transportation governing board and its dealings with lawmakers and the public.

The proposal is part of a blistering report by the Sunset Advisory Commission that characterized the transportation agency as agenda-driven and untrustworthy. The state agency has come under scrutiny recently over planned public-private toll road partnerships, the route of the proposed Trans-Texas Corridor superhighway and a billion-dollar budgeting error.

The report says "tweaking the status quo is simply not enough."

The Sunset Advisory Commission periodically reviews government agencies to determine whether they should continue to exist and makes recommendations for improvements.

The sunset staff recommended replacing the five-member commission that oversees the transportation agency with a single commissioner who would have a two-year term rather than the current six-year term.

But, the commissioner still would be appointed by the governor, drawing concern from opponents of the transportation department's policies.

"What I'm hearing from the public is that they want to see an elected commissioner," said Democratic Rep. Ruth Jones McClendon, as the audience burst into applause. "I think that we ought to keep everything on the table. We ought to seriously look at an elected commissioner."

Other members of the commission, including Republican Rep. Linda Harper Brown, echoed support for considering an elected commissioner.

Proposed changes for the department will be considered by the Legislature when it meets in 2009.

The review "occurred against a backdrop of distrust and frustration with the Department and the demand for more transparency, accountability, and responsiveness," the report says. "Many expressed concerns that TxDOT was 'out of control,' advancing its own agenda against objections of both the Legislature and the public."

Lawmakers have accused the agency of falsely blaming the Legislature for its own poor financial planning and creating an exaggerated public impression of budgetary woes to promote private toll roads.

The agency had repeatedly warned of a budgetary shortfall, including a December decision to postpone new highway projects and instead focus on existing roads. But lawmakers argued that the dire warnings did not include more than $9 billion in bonds approved by the Legislature, including $5 billion already approved by voters.

Newly appointed Transportation Commission Chair Deirdre Delisi assured the commission that the agency had taken measures to be more transparent and accountable under her leadership.

"What better time for the agency to become more transparent and efficient than now, with new leadership," Delisi told the commission. "I can tell you from my perspective that several positive changes are already under way."

But Republican Rep. Carl Isett, chairman of the sunset commission, was skeptical.

"With all due respect, this isn't our first rodeo," he said. "How do you respond to the idea that we're kinda cynical about whether or not those kinds of changes are" actually being made or just talked about?

Delisi again said the agency is committed to putting forth the necessary resources to implement changes sought by the Legislature.

"The agency is there to affect policy passed by the Legislature and when that trust is lost, then there needs to be moves to restore that trust that the Legislature has in dealing with this agency," Isett said.

Other proposed changes include increasing legislative oversight through a new House-Senate committee; making transportation planning and project development more open and easily understood; enhancing public involvement; and improving contract management.