No. 03-14-00501-CV 

In the 

Third Court of Appeals

at Austin 

COUNTY OF LA SALLE,

Appellant, 

v.

JOE WEBER, in his official capacity as Executive Director 

of the Texas Department of Transportation; 

THE TEXAS DEPARTMENT OF TRANSPORTATION; 

TED HOUGHTON, in his official capacity as Chairman of 

the Texas Transportation Commission; and 

JEFF AUSTIN III, JEFF MOSELEY, FRED UNDERWOOD, and 

VICTOR VANDERGRIFF, in their official capacities as 

Commissioners of the Texas Transportation Commission,

Appellees.

On Appeal from the 353rd District Court

of Travis County, Texas 

UNOPPOSED MOTION TO TRANSMIT

PHYSICAL COPY OF ONE EXHIBIT

This motion requests an order under Texas Rule of Appellate Procedure 

34.6(g)(2) authorizing the court reporter to transmit a physical copy of the 

State’s first trial exhibit (DX1). The motion is unopposed. 

ACCEPTED

03-14-00501-CV

4934603

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/17/2015 1:38:56 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/17/2015 1:38:56 PM JEFFREY D. KYLE Clerk
2

I. 

This motion concerns the original exhibit marked as State Exhibit 1, an 

optical disc introduced at the evidentiary hearing below. The State 

Defendants do not oppose the original being transmitted to the Court. 

II. 

The disc contains the applications submitted by 191 Texas counties to 

participate in the Transportation Infrastructure Fund (TIF) grant program, 

along with some related correspondence. The State Defendants organized 

these documents on the disc for ready reference. They are in individual 

files that have been given descriptive names and organized into folders 

named by county, with individual pages assigned a Bates number. 

III. 

Translating this optical disc to an electronic record suitable for 

electronic transmission would make the exhibit less useful and significantly 

more cumbersome for the Court and the parties. Printed, the 841 

documents on this disc would consume more than 10,700 pages. As PDFs, 

they consume more than 2.9 gigabytes. Without significant compression, 

this single exhibit could add 30 volumes to the record record. Even with file 

compression, it would likely add more than a dozen volumes.

The result would also be less useful. Many of these 841 documents 

were scanned by the counties who submitted them, and thus are of varying 

sizes and formats. Some counties submitted road condition reports that 

included color photographs, color maps, and detailed diagrams that would 
3

be degraded by file compression or by being reduced to a smaller page size. 

By contrast, accepting the optical disc preserves these documents’ fidelity. 

IV. 

Accepting this disc in its original form will not impede the Court’s 

review. When witnesses were asked about specific counties, a copy of the 

relevant document was marked, admitted separately, and included in the 

reporter’s record. Those documents already form the bulk of the electronic 

record, filling nearly five of its volumes. See 3RR, 4RR, 5RR, 6RR, 

7RR1-371. The parties’ briefs have referred to those separately marked 

documents, not specific pages on the optical disc. 

V. 

The Court should order transmittal of this original optical disc so that 

the record is complete.
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PRAYER

Under Rule 34.6(g)(2), the Court should request that the court 

reporter send the original exhibit marked as State Exhibit 1 (DX1). 

Respectfully submitted, 

/s/ Don Cruse 

_____________________ 

Don Cruse

 SBN 24040744 

LAW OFFICE OF DON CRUSE

1108 Lavaca St. #110-436 

Austin, Texas 78701 

(512) 853-9100 

(512) 870-9002 fax 

don.cruse@texasappellate.com

Donato D. Ramos 

 Bar No. 16508000 

 mrodriguez@ddrlex.com

Donato D. Ramos, Jr. 

 Bar No. 24041744 

 donatoramosjr@ddrlex.com

LAW OFFICES OF DONATO 

 RAMOS, PLLC

Texas Community Bank Building

 Suite 350 

6721 McPherson Road (78041)

Laredo, Texas 78045

(956) 722-9909

(956) 727-5884 fax
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Certificate of Service 

I certify that on April 17, 2015, this Unopposed Motion to 

Transmit Physical Copy of One Exhibit was served on counsel under 

Texas Rule of Appellate Procedure 9.5(b):

Kristofer S. Monson

 Assistant Solicitor General

Susan Desmarais Bonnen 

 Assistant Attorney General 

 Transportation Division 

P.O. Box 12548 

Austin, Texas 78711-2548

kristofer.monson@texasattorneygeneral.gov

susan.bonnen@texasattorneygeneral.gov 

COUNSEL FOR APPELLEES

 

/s/ Don Cruse 

____________________ 

Don Cruse

Certificate of Conference

 I conferred with Kris Monson and Susan Bonnen, who told 

confirmed that this motion is not opposed.

/s/ Don Cruse 

____________________ 

Don Cruse