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.