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Take Back Your Rights PAC Response to TRCC Sunset Review |
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Friday, 05 September 2008 |
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Take Back Your Rights PAC Response to TRCC Sunset Report - Abolishing the TRCC is the right thing to do for all Texans
Our organization commends the fine work that is outlined in the Sunset Staff Report. This comprehensive report revealed the detrimental results the Texas Residential Construction Commission (TRCC) has on our new-home consumers. Take Back Your Rights PAC knows that abolishing the TRCC is the right thing to do for all Texans...The commission should not be continued; it should be eliminated. The TRCC is one more obstacle that homeowners in
Texas
must endure on the road to dispute resolution. The foundation of the Texas Residential Construction Commission is structurally flawed and must be demolished. The TRCC is both harmful to consumers and wasteful. We must eliminate government waste and remove bad policy.
Take Back Your Rights PAC
September 2, 2008
Sunset Advisory Commission
1505 North Congress
Austin, Texas 78701
Sunset Advisory Commission:
Our organization commends the fine work that is outlined in the Sunset Staff Report. This comprehensive report revealed the detrimental results the Texas Residential Construction Commission (TRCC) has on our new-home consumers. Take Back Your Rights PAC knows that abolishing the TRCC is the right thing to do for all Texans. It is refreshing to see the Sunset Staff Report added to the list of state agencies (Texas Comptroller of Public Accounts Report http://www.window.state.tx.us/trcc/trcc.pdf and Texas State Auditor's Office Report. http://www.sao.state.tx.us/Reports/report.cfm/report/08-010/src/list) that recognize the severity of the problems with the TRCC. The Sunset Staff Report summary that, “Current regulation of the residential construction industry is fundamentally flawed and does more harm than good,†is right on target.
At its inception in 2003, the Texas Residential Construction Commission was disguised by the homebuilding industry as a means of dispute resolution between homeowners and homebuilders. The TRCC was cleverly crafted and structured by the homebuilders’ attorneys to appear as a common sense alternative to costly litigation and arbitration. In actuality, it has proven to be an obstacle and lengthy frustrating delay to the resolution process. The TRCC statute forced all new-home buyers and current homeowners with construction defects arising after the legislation became effective to go through the State-Sponsored Inspection and Dispute Resolution Process (SIRP). The process is costly, burdensome and ineffective for homeowners. The TRCC’s report On the Level Report for 2nd Quarter 2008 shows the number of SIRP’s resolved is 12% from cumulative data of 740 reports. The remaining 88% of consumers are left to attempt to resolve their defects in civil suits, arbitration and mediation while living with their shoddily built homes. The TRCC’s General Counsel, Susan Durso, stated at a Bar Association CLE presentation, “…we [TRCC] do realize that in the [sic] many cases the disputes are not going to be resolved essentially through our process.†Why keep a wasteful multi-million dollar state agency operating, when its own general counsel even publicly admitted the process is futile? The state should not burden taxpayers and further frustrate victimized homeowners with this inept agency.
The commission should not be continued; it should be eliminated. The TRCC is one more obstacle that homeowners in
Texas
must endure on the road to dispute resolution. The foundation of the Texas Residential Construction Commission is structurally flawed and must be demolished. The TRCC is both harmful to consumers and wasteful. We must eliminate government waste and remove bad policy. The Texas Residential Construction Commission must be abolished.
Thank you for sending your thorough report on this important issue facing consumers to our organization. We believe your recommendations are correct and we stand behind your declaration to abolish the Texas Residential Construction Commission and repeal the Texas Residential Construction Commission Act.
Very Truly Yours,
Carolyn Becka
Vice President, Take Back Your Rights PAC
http://www.TakeBackYourRights.org
P.O. Box 915
Frisco, Texas 75034 - 0016
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