By: Coleman H.R. No. 709
R E S O L U T I O N
WHEREAS, the American Recovery and Reinvestment Act of 2009
(Recovery Act) was enacted by the Congress and approved by the
President of the United States on February 17, 2009, to, among other
things, "preserve and create jobs and promote economic recovery [;]
assist those most impacted by the recession[; and] invest in
transportation, environmental protection and other infrastructure
that will provide long-term economic benefits;" and
WHEREAS, the Recovery Act provides that its appropriated
funds shall be used to achieve the Act's purposes "as quickly as
possible consistent with prudent management;" and
WHEREAS, Texas is entitled to approximately $2.2 billion in
funds under the Recovery Act for transportation projects in this
State, out of which approximately $500 million will be directly
provided to local authorities; and
WHEREAS, the Recovery Act directs the State to consider and
prioritize designated criteria in approving transportation
construction projects in order to better achieve the overall goals
of the Act; and
WHEREAS, Texas has a backlog of transportation
infrastructure projects to ease the increasing highway congestion,
both in magnitude and geography, that the State has experienced for
the past three decades, with traffic delay in the State's urban
areas increasing more than 500 percent in the last two decades; and
WHEREAS, the Act allows the Texas Transportation Commission
(commission) and the Texas Department of Transportation
(department) 120 days from the date of the President's approval (or
not earlier than June 17, 2009) to obligate 50 percent of all money
provided under the Recovery Act to the State for transportation
projects; and
WHEREAS, the Act allows the commission and department 365
days from the date of the President's approval (or not earlier than
February 17, 2010) to obligate the remaining 50 percent of the money
provided under the Recovery Act to the State for transportation
projects; and
WHEREAS, the commission and the department have testified
before a committee of the House that the obligation process for the
first $500 million of the State's total $1.7 billion share of
Recovery Fund money for transportation was approved on February 26,
2009, for maintenance related projects, with no consideration of
the priorities listed in the Act, and without specific information
by project so that the Legislature and the public could evaluate how
the projects will maximize job creation and stimulate the Texas
economy toward achieving the goals of the Act; and
WHEREAS, the commission and the department have announced
their intent to begin the obligation process for the remaining $1.2
billion of the State's share of Recovery Act transportation funds
for new construction projects on March 5, 2009; and
WHEREAS, the commission and the department are unable to
provide the House with sufficient information on the criteria by
which projects, both maintenance and new construction, were
selected; and
WHEREAS, the commission and the department have not been able
to clearly articulate how each project will spur a growth in jobs,
how each project will make a meaningful investment in the long-term
development of the State's transportation infrastructure
development, or how each project was prioritized to meet the
requirements of the Recovery Act; and
WHEREAS, it is exceedingly clear that the commission and
department are making a rush to judgment in obligating Recovery Act
money without providing a rational basis for those actions,
obtaining the advice and input of Members of the Legislature, or
assuring transparency and accountability in their decision-making
process;
WHEREAS, it is the duty of the legislative branch to make all
necessary provisions for the public good;
WHEREAS, it is in the public interest to ensure that Recovery
Act money is used to further the Act's purposes; and
WHEREAS, the House serves this public interest by providing
unambiguous direction to the commission and the department before
the irrevocable obligation of Recovery Act funds; now, therefore,
be it
RESOLVED, That the House of Representatives of the 81st Texas
Legislature:
(1) urges that the Texas Transportation Commission, the
executive director of the Texas Department of Transportation, and
all department employees take no steps to irrevocably obligate any
Recovery Act funds until the commission and the department can
articulate a rational basis for the priorities used to select the
projects for the initial $500 million funding by Recovery Act
funds.
(2) requests the commission and the department provide the
House with a complete explanation of the project selection criteria
and its practical application, including how the commission and the
department considered the purposes and criteria of the Recovery
Act, and specifically including the Act's provisions directing that
funding priority be given to certain projects, and the data
concerning which projects most maximize job creation and long-term
economic stimulus.
(3) insists that the commission and department act
prudently in obligating Recovery Act money and in discharging its
fiduciary responsibilities to the people of Texas with particular
attention to transparency and accountability in all aspects of the
selection of projects and the obligation and expenditure of
Recovery Act funds.
(4) calls on the commission and the department to allow time
for meaningful input from elected officials at all levels of State
government.
(5) asserts that nothing in this resolution shall be
construed to authorize the commission or the department to take any
immediate action obligating Recovery Act funds.