In the Dog House
March 21st, 2007 at 8:47 am
What’s that? You didn’t kick back in front of your computer, open a cold one, and enjoy nearly 12 hours of testimony about homebuilding codes? Ah, you probably haven’t had to deal with the TRCC before, then.
In an ongoing theme this session, we have an enormous amount of time and energy devoted to overhauling another ineffective state agency. A relative newcomer to this group of do-nothings, the Texas Residential Construction Commission joins the Texas Commission on Environmental Quality and, biggest and baddest of them all, the Texas Youth Commission on a list of agencies that appear to be doing pretty much the opposite of what they’re supposed to do.
A little background: As we’ve detailed, in 2003, during tort-reform fever, the Lege created the TRCC to protect Bob Perry, owner of Perry Homes and the biggest Republican donor in the state. Wait a sec, that’s not how it was sold. The TRCC was supposed to get homebuyers to resolve disputes with homebuilders without filing suit. Buyers dealing with builders that were dishonest or incompetent (or that had just made old-fashioned mistakes) were forced to take their complaint first to the TRCC. Then the TRCC would rule whether the buyer’s complaint was valid. And then the homebuilder would have to … well, do a lot of nothing.
The TRCC has no enforcement power, so a favorable ruling for the buyer is good only as evidence in, you guessed it, a lawsuit. Now plaintiffs have an extra hoop to jump through, and the state comps legal discovery for the builders. Sounds like a sweet deal, overseen by a commission that has eight of nine members connected to the building industry and not a single consumer advocate.
A full docket of bills were discussed at the State Affairs hearing. Perhaps the two bills to watch are HB 295 and HB 1038, which seem to propose the most comprehensive reforms at TRCC. The one with the best marketing, though, was Rep. Senfronia Thompson’s “home lemon bill.” Thompson said buyers needed better protections against builders who don’t comply with certain warranties. “Basically the big dog won’t let the little dog come up from under the porch. And all I’m trying to do with this bill is let the little dog come from under the porch,” she said.
Since the vast majority of new homes are not defective, this is one of those tricky issues where a few people with horror stories are pitted against builders with a lot more money to kick around campaigns. And we all know how that usually works out.
March 21st, 2007 at 3:34 pm
As someone who lasted 7 hours in the hearing, there should be no doubt that the TRCC (pronounced trick) is nothing but a trick on the public.
It is an embarrassment to Texas, although that is a pretty low threshold.
The builders have their own bill HB1038 filed by Representative Allen Ritter, a Democrat, who filed the bill that initially created the commission.
His bill is like a fresh coat of paint on the cracked foundation of the TRCC.
John Cobarruvias
March 22nd, 2007 at 5:37 am
As newcomers to Texas, we also attended the hearing on March 19, and were astounded by the atrocities of the homebuyers’ stories.
When we came to the State of Texas we had no idea that Texas would not provide us with new home consumer protection and found out the realities of the Texas Residential Construction Commission after an unresolved drainage issue and a lot of research on the agency.
It is our opinion that much reform is needed to restore a fair judicial system which now sways heavily towards the builder.
What happened to representation of the people!?!
We are in support of HB295 because it endeavors to facilitate consumer protection.
Sherry Freeland
March 23rd, 2007 at 9:18 am
[…] deep in bill summaries, trying to understand proposed reforms at the Texas Residential Construction Commission, we realized this issue can get a bit … […]
February 25th, 2008 at 5:48 pm
Having had a taste of dealing with the TRCC my advice to other homeowners with serious construction problems is that you are better off not ever filing a complaint with the TRCC; just go straight to court.
In my case a professional inspection report tells me that I have serious problems with water leakage underneath a stucco exterior, with resulting rotting and the total absence of structural elements in exterior walls and a supporting pillar. The builder has been sued by at least three other owners that I happen to know personally, and I am aware of a total of eight homes he has built which have had substantial water damage.
I submitted a request for an inspection by TRCC, which would be scheduled after the stucco is removed so the damage is fully visible. Their quick response by letter and on a follow up phone call I made is that I am not eligible for an inspection because my damage is not structural. How can they make that assessment (which is contrary to the professional report I received) without even looking at it?? How can they not even do the job they say they are in business to do — namely inspecting properties where owners report defects? Very disappointing.
It certainly appears to me that this agency has adopted a mission of protecting builders and ignoring complaints from homeowners.