9,300 sign Frisco home-building standards petitions
Drive would allow vote on two changes to city charter
The petitions call for an election to allow a vote on two changes to the city's charter. The grass-roots group Take Back Your Rights says the amendments would hold home builders accountable for faulty construction..."The response to our group's petition drive far exceeded all expectations," said Dr. David Becka, who led the effort. "These Frisco amendments will provide the first steps toward protecting new-home buyers, returning to the consumer their constitutional rights."
TakeBackYourRights.com

9,300 sign Frisco home-building standards petitions
Drive would allow vote on two changes to city charter
Tuesday, November 9, 2004
By STELLA M. CHÁVEZ / The Dallas Morning News

An effort to tighten standards for home builders in Frisco has garnered 9,300 signatures on two petitions.

The petitions call for an election to allow a vote on two changes to the city's charter. The grass-roots group Take Back Your Rights says the amendments would hold home builders accountable for faulty construction.

"The response to our group's petition drive far exceeded all expectations," said Dr. David Becka, who led the effort. "These Frisco amendments will provide the first steps toward protecting new-home buyers, returning to the consumer their constitutional rights."

The first petition calls for home builders doing business in Frisco to post up to a $2 million surety bond before building permits can be issued for the construction of a home. The second measure would require home buyers to sign a document that informs them of their rights if they agree to a binding arbitration clause in a builder's contract and warranty. The document would explain that homeowners give up their right to sue a builder if they agree to such a clause and that they have the right to decline a binding arbitration agreement during negotiations with a builder when buying a new home. Bob Morris, executive vice president and chief executive officer of the Home Builders Association of Greater Dallas, said such issues should be handled by the newly formed Texas Residential Construction Commission. He said the proposed changes by the homeowners group would be costly to builders, especially smaller builders. "It would be unfortunate to have this type of legislation passed," Mr. Morris said. City Secretary Nan Parker said she would soon begin the process of validating the signatures. Under state law, such petitions need valid signatures from 5 percent of all qualified registered voters in the city. Ms. Parker said the city's attorney is reviewing whether that means the number of registered voters at the time of the petition's submission or the number of voters during the last election. If the signatures are validated, the earliest an election could be held is February; the issue could also appear on the May ballot. Mayor Mike Simpson said city officials plan to meet with state Rep. Ken Paxton to discuss the issue and determine whether it would be more effective to handle it at the state level. "We certainly want to make sure that if it's something that's put on the ballot, it's something that can be enforced by the city," he said.

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Bob Morris, executive vice president and chief executive officer of the Home Builders Association of Greater Dallas, said such issues should be handled by the newly formed Texas Residential Construction Commission.

"It would be unfortunate to have this type of legislation passed," Mr. Morris said.

Ms. Parker said the city's attorney is reviewing whether that means the number of registered voters at the time of the petition's submission or the number of voters during the last election.

Mayor Mike Simpson said city officials plan to meet with state Rep. Ken Paxton to discuss the issue and determine whether it would be more effective to handle it at the state level.