UPDATED Dec. 14, 10:18 a.m.

A proposed toll project along US 183 in Northwest Austin faced another delay Wednesday as officials with the Central Texas Regional Mobility Authority await on a response from state transportation officials on its toll policy.

The Central Texas Regional Mobility Authority, which oversaw the MoPac express lanes and Toll 183A projects, is proposing to add two toll lanes on US 183 between Toll 183A and MoPac for a cost of $380 million with construction starting in 2019. The Texas Department of Transportation had planned to fund a continuous fourth nontolled lane to fix an imbalance in the number of existing nontolled lanes that switches between three and four in each direction.

However, in November, Gov. Greg Abbott and Lt. Gov. Dan Patrick made it clear to TxDOT that money from voter-approved propositions 1 and 7 could not be used on projects that have a tolled element. The department retreated on its plan to fund the nontolled lane using propositions 1 and 7 money, leaving it unfunded.

“TxDOT thought they had adequately walled that off from being confused with tolling, so that piece is unknown,” Mobility Authority Executive Director Mike Heiligenstein said. “We don’t need that piece to move forward.”

On Wednesday, the Mobility Authority board of directors tabled a motion to issue a request for qualifications for contractors to design and build the toll project. Heiligenstein said the agency wants to wait until the Texas Transportation Commission weighs in on its toll policy and funding nontolled elements of toll projects, as proposed in an amendment to the 2018 Unified Transportation Program that the commission will vote on Dec. 14.

In October, the commission heard an update 17 potential major projects in the state—15 of which have tolled elements—that came from area metropolitan planning organizations. The list included projects on I-35 and US 183.

Only two projects on I-35 using funding from TxDOT's Category 2 funding for urban areas are included in the Dec. 14 amendment to the 2018 UTP, said Lauren Garduno, TxDOT director of project planning and development.

In October, the commission approved an agreement with the Mobility Authority that outlined financing the fourth continuous nontolled lane for $120 million and envisioned that TxDOT “will develop, design, construct, and potentially maintain the Managed Lanes Project on behalf of the CTRMA,” according to commission documents.

Shortly before that approval, TxDOT Executive Director James Bass extended the Mobility Authority’s timeline to seek a contractor to April 26, 2018.

Financing maneuver


Voters approved propositions 1 and 7 in 2014 and 2015, respectively, that both divert more funding to state roadways. The Texas Legislature added a caveat that these funds could not be used on toll roads.

TxDOT, however, attempted to use this funding on nontolled elements of projects, such as on I-35. In October the department proposed adding two toll lanes in each direction to I-35 between RM 1431 in Round Rock and SH 45 SE near Buda. TxDOT is currently using propositions 1 and 7 dollars to complete standalone projects along I-35.

That maneuver did not sit well with some area politicians and residents who are against TxDOT funding toll projects and want to see voter-approved funding remain far away from tolled projects.

“There are additional dollars needed, but when you look at what’s happening in Texas cities, they are being surrounded and divided by toll roads,” said state Rep. Tony Dale, whose 136th district includes the Williamson County portion of Austin. “Most states have turnpike systems that connect cities. Houston, Dallas and Austin are surrounded by toll roads.”

Terri Hall, the director for the statewide Texans for Toll-Free Highways political action committee based in San Antonio, said the issue with using propositions 1 and 7 dollars on nontolled elements of toll projects is the projects are studied under one study.

“TxDOT is using gas tax, bond money, using every source of funding to fund roads, so we have double and triple taxation on these toll roads,” she said. “That’s a big rub for taxpayers.”

Editor's note: This post was updated to correct information on the UTP amendment and a briefing on 17 statewide projects.