Shelton want Travis DA to investigate Davis

Posted Wednesday, Oct. 03, 2012 0 comments  Print Reprints
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FORT WORTH -- Republican state Rep. Mark Shelton is asking the Travis County District Attorney's Public Integrity Unit to investigate "possible criminal activity" by Democrat state Sen. Wendy Davis -- a move the incumbent dismisses as a political stunt.

On Wednesday, Shelton's campaign e-mailed a letter to the unit asking that Davis be investigated for legislative work she handled last year regarding the North Texas Tollway Authority.

"Wendy Davis' actions strongly suggest a gross violation of public trust and one of the most egregious acts of corruption by a state legislator since the 'Sharpstown Scandal' of the 1970s," Shelton's letter said.

Davis blasted Shelton's decision to raise the issue just a month before the Nov. 6 election.

"Mark Shelton has voted to harm Tarrant County school children and their families and has failed to promote economic growth in our area. He is now attempting to divert attention away from his record by engaging in a deceitful political stunt," Davis said in a statement. "Shelton's letter is a political document -- not a legal document.

"It is the type of stunt that political consultants pull when they have a weak candidate who is losing. After cutting through the rhetoric, the substance of the letter is clearly false."

Shelton and Davis are locked in a contentious battle for the state Senate District 10 seat she currently holds that includes part of Fort Worth, Arlington, Mansfield, Colleyville and other areas of south and Northeast Tarrant County.

The Travis County DA's Public Integrity Unit confirmed it received Shelton's complaint Wednesday. Traditionally, the department has a long-standing policy of not opening investigations this close to an election, to avoid influencing a political race one way or the other.

"Anyone can ask for an investigation," said Cal Jillson, a political science professor at Southern Methodist University in Dallas. "But that doesn't mean there will be an investigation. And it doesn't mean anything will be found if there is an investigation.

"We are late in the campaign, this is a close race and it sounds like something is being thrown against the wall to see if it sticks."

Shelton's letter indicates Davis supported a bill to lower the amount of administrative fees the NTTA sets for unpaid tolls then switched her support to a bill that raised the amount of administrative fees that could be collected. His letter claims the ultimate bill that passed, Committee Substitute Senate Bill 469, "allowed NTTA to hire outside legal counsel to act as third party collections agencies for overdue toll and administrative fines which are substantial."

Shelton's letter points out that Davis and Brian Newby, a former chief of staff to Gov. Rick Perry, formed a "law/lobby firm" before the legislative session began. And it states that days before Davis signed on to CSSB 469, "Newby Davis was awarded a lucrative contract by NTTA in which Davis is paid $350 per hour to provide legal services for right-of-way acquisition for the Chisholm Trail Parkway Project." Shelton's letter also states that Davis supported a separate bill giving NTTA priority in financing and operating toll projects in North Texas.

After CSSB 469 was approved, the NTTA adopted a resolution that allowed the agency to enter into contracts with law firms to retrieve unpaid fees. The Newby Davis firm was one of six chosen to work for the NTTA, Shelton's letter says.

Shelton states in his letter that as of Sept. 7, 2012, "NTTA has well over $300 million in unpaid tolls, fees and fines" and the NTTA sent 6,000 cases to six law firms for collections -- which could reap as much as $16 million in fees.

"Wendy Davis' law firm was awarded a toll collections contract by NTTA ... [that] allows Davis to collect delinquent toll fees ... that could potentially result in millions of dollars for Wendy Davis and her firm," according to Shelton's letter.

Davis said she signed on to SB469, authored by state Sen. Jane Nelson, R-Flower Mound, because it was similar to hers and was geared to address concerns from constituents about excessive fees and penalties being levied.

Davis said Shelton is wrong, that CSSB469 created no new authority to hire outside legal counsel to act as collection agencies. "Unfortunately, Mark Shelton doesn't trust SD 10 voters enough to tell them the truth," Davis said.

Shelton's request for an investigation comes just days after Davis released scripts of campaign ads prepared by Shelton, saying that the bulk of the allegations in the ads were false.

Davis' campaign has said someone in Shelton's campaign gave the ads to a third party, who gave them electronically to the Davis campaign this week. Shelton's campaign now maintains the ads were stolen.

Anna M. Tinsley, 817-390-7610

Twitter: @annatinsley

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