AUSTIN â They may be butting their heads against a mountain of cash, but consumer advocates will urge the Legislature next year to strengthen a state agency that has been widely criticized as a paper tiger designed primarily to protect home builders from unhappy customers.
Zeroing in on the Texas Residential Construction Commission several months ago, Comptroller Carole Keeton Strayhorn said it was nothing more than a "builder protection agency" that she would have loved to "blast ... off the bureaucratic books."
She said a study by her office determined that the agency lacked the authority to enforce its own building standards.
Although the issue failed to catapult Strayhorn above a third-place finish in the governor's race, it still has the attention of some lawmakers.
At least two bills, one by Rep. David Leibowitz, D-San Antonio, and another by Rep. Jessica Farrar, D-Houston, already have been filed to strengthen, they hope, the agency's authority over shoddy contractors, make dispute resolution between builders and buyers more consumer-friendly and assure that consumers are better represented on the agency's board.
The law that established the commission requires buyers to go through an inspection and dispute resolution process before they can proceed to binding arbitration or file lawsuits against builders. Despite those steps, Strayhorn said, many consumers surveyed by her office complained that defects in their homes weren't being fixed.
What the Legislature does or doesn't do about the agency, however, may be largely driven by wealthy Houston homebuilder Bob Perry, a major force behind its creation in 2003. Not so coincidentally, that was after he had contributed at least $3.8 million to state political candidates and causes during the previous election cycle.
Does money talk in Texas politics? No, it screams. And Perry is the gift that keeps on giving for many candidates and officeholders, mostly Republicans but some Democrats as well. Check the campaign finance reports of state leaders or conservative committees, and you will frequently see Perry's name, often followed by figures with five or six digits.
Anthony Holm, a spokesman for the homebuilder, said he wasn't prepared to discuss details of the proposed legislation. But he said Perry supported certain principles, which he believes the agency was created to address, including uniform home warranties and state registration of homebuilders. He also indicated Perry didn't necessarily oppose strengthening the commission.
It is highly unlikely, however, that Perry and consumer advocates will agree on everything, and, in the language some legislators understand the best, the homebuilder clearly has the loudest voice.
During the past two years alone, he gave $380,000 to Gov. Rick Perry (to whom he isn't related, except philosophically), $285,000 to Lt. Gov. David Dewhurst and $10,000 to House Speaker Tom Craddick.
And, moving down the food chain, he spread $77,500 among three returning members of the House Regulated Industries Committee and $60,000 among five returning members of the Senate Business and Commerce Committee.
Those two committees handled the original legislation creating the Texas Residential Construction Commission and may be assigned the bills proposing changes.
If other committees get the legislation this time, odds are strong that Bob Perry's largess will have landed on them as well.
Time and longevity march on.
Gov. Rick Perry is nearing a landmark, according to research by my colleague, R.G. Ratcliffe. On Dec. 29, Perry will surpass the late Gov. John B. Connally for second most consecutive days, 2,199, served by a Texas governor.
In terms of total service, he will move into third place behind the leader, Bill Clements, who racked up 2,919 days in the governor's office in two separate terms from 1979 to 1983 and 1987 to 1991, and the late Allan Shivers, who served 2,745 days from 1949 to 1957.
Connally served three two-year terms in the 1960s, and Shivers served three two-year terms and part of another. The governor's term was lengthened to four years in the mid-1970s.
For the record, Perry will pass Clements' tenure in December 2008. Mark your calendars.
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Look for the latest news in Texas politics each Monday from Austin Bureau Chief Clay Robison.
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