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Why were many North Texas highways still closed after last week's ice storm?

Why were many North Texas highways still closed after last week's ice storm?
Why were many North Texas highways still closed after last week's ice storm? 02:28

NORTH TEXAS (CBSDFW.COM) – More than two days after the ice melted last week, miles of highway lanes across North Texas were still closed, part of a winter weather highway management decision tied to the 133-vehicle accident in 2021 in Fort Worth.

Rather than treat and maintain managed toll lanes on highways during winter storms, TxDOT and the private companies that manage TEXpress lanes have started closing the lanes entirely.

They can stay closed long after any winter precipitation is gone. While the sun was out and traffic was back across the area by Friday last week, according to TxDOT some lanes were still closed to the public until early Monday morning.

The decision limited the usual eight available lanes, to four on I-35W in Fort Worth Friday evening, doubling the commute time on a day most people had returned to work.

Lanes were also closed across Dallas and Tarrant counties on I-30, SH 183, SH 114 and the LBJ.

Drivers noticed.

"Do they not have the money or infrastructure to maintain roads in this weather?" asked one driver on Twitter.

"…monitoring and maintaining those roads should be 24/7/365 without question," wrote another.

Rather than directly answer questions from CBS11 about the decision, or return calls, a TxDOT spokesperson said the agency would only provide a statement, "due to ongoing litigation and an ongoing investigation by the NTSB regarding the 2021 crash on I-35W in Fort Worth."

That crash killed six people, and lawsuits from the families of the victims and those injured are pending, as is a final report from the NTSB, which released more than 1,400 pages of information about the crash last month.

TxDOT's statement said the closure is so crews can focus on clearing the main lanes. Because the lanes weren't maintained for days, the agency said it takes time to clear and inspect them before they could safely reopen.

A spokesperson for the North Tarrant Express, said they stayed closed into the weekend due to forecasts of freezing fog and a temperature of 30 degrees, and that they coordinate the decision with TxDOT.

The NTTA, which operates five toll roads across the region, did not close any of its lanes for the entirety of the storm.

The Central Texas Regional Mobility Authority, which oversees roads in the Austin area, said police in two cities closed sections on two of their highways. Maintenance crews broke up the ice and reopened them by Thursday afternoon.

Terri Hall, who has been fighting against toll roads in Texas for more than 15 years, and handing over control in some cases to for-profit entities, said the closures for just particular lanes in North Texas, doesn't appear to be about safety.

"So now we're getting into all kinds of legal entanglements that are now affecting the public's ability to get access to their public roads," she said.

While there is incentive for operators to stay open and collect tolls (TEXpress lanes lanes on I-35W, I-820 and LBJ generated $148.8 million in Q3 2022), Hall says it appears that is now weighed against what might have to be paid out in litigation if there is an accident.

The outcome of the already pending lawsuits, she believes will impact decisions on future closures and maintenance on the lanes.

"Maybe it's not a weather event, maybe next time it's some other type of event," she said. "Maybe it's a climate emergency. Who knows what we can dream up."

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