07.07.09

TxDOT is still broken

Posted in Around The State, Commentary, Road Issues, The Lege, Transportation at 9:54 am by wcnews

Peggy Fikac at the HChron reminds us that despite some pretty serious financial mismanagement, and overall agency mismanagement issues too at TxDOT, the legislature did nothing to address those issues in the recently passed regular and special sessions. Here’s the article, ‘Missed opportunity’ to reform TxDOT.

More than a year after the Texas Department of Transportation was labeled an out-of-control agency in need of reining in, lawmakers made their decision: No TxDOT reforms were put into state law.

No alteration in the makeup of its governing commission, which is appointed by Gov. Rick Perry and in the past was accused of pushing his ideas without heeding lawmakers leery of such things as privately run toll roads. No special legislative oversight committee. No changes except for those TxDOT carries out on its own.

That’s the upshot after a reform bill failed in the regular session and lawmakers meeting in a quickie special session simply continued the agency as-is until they next convene in 2011.

From the Sunset Commission report [.pdf] that stated:

The Sunset review of the Texas Department of Transportation (TxDOT) occurred against a backdrop of distrust and frustration with the Department and the demand for more transparency, accountability, and responsiveness. Many expressed concerns that TxDOT was “out of control,” advancing its own agenda against objections of both the Legislature and the public.

Sunset staff found that this atmosphere of distrust permeated most of TxDOT’s actions and determined that it could not be an effective state transportation agency if trust and confidence were not restored. Significant changes are needed to begin this restoration; tweaking the status quo is simply not enough.

This report proposes decisive action to address TxDOT’s problems by establishing what is in effect a four-year “legislative conservatorship” to return control over transportation policy to the Legislature, where it belongs. (Emphasis added).

Not only has the status quo been maintained, and significant changes weren’t enacted by the legislature, but what we’re left with may be worse. As the statements of Rep. McClendon and Sen. Carona below show, the perception that TxDOT is already making significant changes cannot be allowed to gain ANY traction. That’s why what Rep. Pickett says must be heeded.

“Certainly I think this is a missed opportunity,” said Rep. Ruth Jones McClendon, D-San Antonio, a House Transportation member who pushed for such changes as an elected commissioner.

The good news: McClendon and some other lawmakers said TxDOT is working to change. Among actions they like is a new contract for a thorough review of agency operations.

TxDOT says it has acted on last year’s Sunset Advisory Commission staff recommendations, including an update of its complaint receipt and tracking process. Senate Transportation and Homeland Security Chairman John Carona, R-Dallas, said most Sunset changes are under way.

Among items not addressed is the Transportation Commission makeup. But Carona, who opposes an elected panel as too political, said members are listening to lawmakers’ concerns.

McClendon and House Transportation Chairman Joe Pickett, D-El Paso, say there’s a need to change the agency “culture,” which McClendon describes as “business as usual.” Pickett said without a legislative overhaul, “I think they’ll try to paint the trim on the … building, but it’s not going to make any real significant difference.”

Lawmakers said even without a new oversight committee, they’ll keep close tabs on TxDOT between now and 2011. “We recognize that TxDOT has been a troubled agency,” Carona said, “and it needs significant attention from the Legislature.” (Emphasis added).

Nothing “legislatively”, aka legally, has changed for TxDOT. They have not been forced to change a single thing. Anything they’re doing, at this point, is voluntary and they can voluntarily decide not to do it at any time. As far as the culture goes, that’ll change as soon as the law changes. As last week’s Senate Finance hearing showed that hasn’t changed either.

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