The Texas Legislature began this yearโ€™s session with a major case of toll fatigue. After more than a decade of lettingย local and state planners partiallyย fund large highway projectsย through toll collections, most lawmakers had little appetite leftย for such projects. Someย talked openly about scrappingย many tolls already in place.

Five months later, the stateโ€™s vast toll network remains intact, but the prospects for new toll projects have dimmed. In Dallas, Austin and San Antonio, major highway projects originally planned with toll lanesย are inย limbo as local officials try to work out the path ahead, according to lawmakers and state officials with knowledge of the projects.

โ€œThe CDA delivery model has not been killed, but it has been mothballed for now,โ€ said Texas Transportation Commissioner Victor Vandergriff, referring to โ€œcomprehensive development agreements,โ€ a common way for local or state entities to partner with private companiesย to launch a toll project. This session was the first since 2007 during whichย lawmakers didnโ€™t pass a so-called CDA bill authorizingย a list of new toll projects.

Lawmakers also agreed to ask voters to boost spending to the Texas Department of Transportation by billions of dollars, but specified that none of the new funds can go to toll roads. Another bill signed by Gov. Greg Abbott blocks lawmakers from borrowing from the Texas Mobility Fund,ย a rotating fund set up in 2001 to provide money for state transportation projects that hasย helped fund toll projects in the past.

Together, the measures choke off state funding for toll projects, andย could encourage planners to avoid tolling on highway expansions. But if the state can’t help pay for enough free roads to unsnarl Texas traffic,ย local officials might still decide to borrow private money โ€” and pay higher interest rates โ€” to get toll roads built,ย warned Brian Cassidy, a managing partner with Locke Lord, a law firm that works with regional mobility authorities.

โ€œThereโ€™s less money available that TxDOT controls that will be used for toll roads,โ€ Cassidy said. โ€œThat has the potential to make it harder, or more expensive really, to do projects.โ€

State transportationย officials have said for years that they needย about $5 billion moreย annuallyย to keep traffic congestion from getting worse as the population booms. Lawmakers this session gave them a large chunk of what they requested. By 2020, road funding could be up by more than $4 billion a year,ย mostly by dedicating tax revenue the state already collects to transportation.

Yet TxDOT leaders stressed during the sessionย that the $5 billion estimate came with some fine print; it assumed that the agency could continue to use tolling to complete certain highway projects faster. Without that option, the agencyโ€™s annual funding shortfall is closer to $10 billion.

โ€œBasically, if we got $5 billion, then that could be leveraged into $5 billion more,โ€ Vandergriff said.

State Rep. Scott Sanford, R-McKinney, was among several outspoken toll critics who pushed for measures toย block or curtail future toll projects. But except forย a bill requiring TxDOT to calculate the cost of eliminating all of toll roads the agency helped fund, the most sweeping anti-toll bills failed.

Only recently,ย Sanford said, did heย realize the extent to which legislation that did pass this session could limit toll projects. He pointed to the troubles nowย facing the Interstate Highway 635/LBJ East project in northeastern Dallas County. On the day the session ended, eight Dallas-area legislatorsย announced formation of the IH-635ย East Legislative Caucus, seekingย a way to move the project forward now that funding itย through toll lanes appears less likely.

โ€œWhen I left Austin, I felt like the managed toll system wasnโ€™t in any jeopardy,โ€ Sanford said. โ€œNow it looks like the new legislation has a bit more teeth than I thought.โ€

One member of the new caucus, state Rep. Cindy Burkett, R-Sunnyvale, said the Dallas-Fort Worth area in particular is โ€œtoll wearyโ€ with several toll lanes having recently opened in the region. Yet congestion is bad enough that local communities arenโ€™t willing to wait the years it willย likely take for state officials to find the funds to begin turning over dirt on their own, she said.

โ€œWe want to look at some way we can get it done without having to wait for session again,โ€ Burkett said.

One possibility, she said, may be to organize the project around lanes that would be tolled for a limited period, perhaps just long enough to pay off constructionย debt,ย a throwback to the way toll roads were handled in Texas decades ago.

โ€œI just think people feel if we have to use any managed lane capacity, it has an end in sight,โ€ Burkett said.

In San Antonio, the largest city in Texas without any toll roads, plans to add toll lanes to U.S. 281 and Interstate 10 appeared all but certain until last week, when local officials sent a letter to TxDOT and local members of the Legislature requesting an extra $268 million in state funds to remove all tolls from the project.

The letter, from Bexar County Judge Nelson Wolff, County Commissioner Kevin Wolff and John Clamp, chairman of the Alamo Regional Mobility Authority, cited the extra transportation funding approved this session as a reason why the county didnโ€™t believe the project should need any tolling.

โ€œIn fairness to the citizens of Bexar County, both segments need this funding in order to avoid managed tolled lanes,โ€ the letter reads.

Texas Transportation Commission Chairman Tryon Lewis wrote in a letter back that TxDOT will continue to work with local officials on “possible funding assistance.”

In Austin, local and state officials unveiled plans this month to expand the busiest part of Interstate 35 over 10 years, a multibillion-dollar endeavor that would be funded in part through toll lanes. State Sen. Kirk Watson, D-Austin, tried and failed to get the project added as an authorized CDA this session. He said he and others are still working on โ€œthe funding puzzleโ€ for clearing up one of the stateโ€™s most congested roads. To get the project started sooner, tolling may be unavoidable, he said.

โ€œI would prefer to seeing us do this in the pay-as-you-go fashion, but the problem is the state has been negligent getting to this point and we have a crisis on I-35,โ€ Watson said. Despite the funding increases approved this year, he predicted that many lawmakers wonโ€™t realize until the 2017 session how transportation funds remain far short of the stateโ€™s needs.

โ€œWe have done all the easy stuff now, and we still donโ€™t have enough money,โ€ Watson said. โ€œSo weโ€™re going to have to figure out what other tools might be available to us and how we can make them work in conjunction with this additional money.โ€ย 

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Aman Batheja was a political reporter and editor for the Tribune from 2012 to 2019. Previously he worked for eight years at the Fort Worth Star-Telegram, most of that time covering state and local politics....