Home complaints may be unenforceable
The government agency has been the principal responder to accusations of shoddy construction in the Mallard Park sub division, taking complaints and setting up independent inspections of property to confirm or disprove claims. However, a recent report from the Sunset Advisory Commission calls for the direct abolition of the agency, because it lacks the regulatory power it purports to wield. “In its review of the Texas Residential Construction Commission, Sunset staff concluded that anything short of a true regulatory program does more harm than good, and should be abolished,” the report released in August said.

Home complaints may be unenforceable
By Philip Jankowski

Sunset review calls for abolition of TRCC

Though it is the agency that is supposed to help homeowners, the Texas Residential Construction Commission may not actually do so.

The government agency has been the principal responder to accusations of shoddy construction in the Mallard Park sub division, taking complaints and setting up independent inspections of property to confirm or disprove claims.

However, a recent report from the Sunset Advisory Commission calls for the direct abolition of the agency, because it lacks the regulatory power it purports to wield.

Despite gaining more power to fiscally punish builders responsible for unsound construction, “the Commission still has no real power to require builders to make needed repairs,” the report states.

“In its review of the Texas Residential Construction Commission, Sunset staff concluded that anything short of a true regulatory program does more harm than good, and should be abolished,” the report released in August said.

“Clearly we disagree. I don’t think abolishment is an answer. You’re just sending people back to the streets to picket,” Executive Director for the TRCC Duane Wadill said.

In the 80th legislature, the commission was given the power to fine a builder $10,000 a day for not cooperating with the agency or performing an accepted repair offer, according the agency’s management response to the Sunset report.

The final say-so on the organization’s future will be made by the state legislators in their upcoming session.

The Texas Residential Construction Commission Act of 2003 created the agency as a response to hundreds, if not thousands, of complaints of builders fleecing homeowners. However, opponents of the agency view its creation as dubious at best.

The act was filed by State Representative Alan Ritter D-Beaumont, who is also a member of the Texas Association of Builders, and it was written by the attorney for Houston builder and prominent political contributor Bob Perry. The lawyer, John Krugh was later appointed to the commission by Gov. Rick Perry.

“All the commissioners - I call them nine foxes in the hen house - they’re all related to the building industry,” National President of HomeOwners for Better Building Janet Ahmad said.

Of all complaints made to the agency, 92 percent find in the homeowners favor, Ahmad said, however, 88 percent of those complaints end up needing legal counsel before any resolution is reached. Waddill said most of those claims did not enter any litigation prior to being resolved.

“It’s an agency designed to force people into legal disputes with builders,” Ahmad said. “I call the agency the punishment phase of home owning.”

Since it’s creation, the TRCC has registered more than 600,000 homes, oversees 28,000 builders and has stripped about 500 builders of licenses.

Ahmad said most homeowners cannot afford the agency’s $250 inspection fee. At a meeting with more than 100 homeowners from Taylor, Jarrell and Belton Sept. 2, most homeowners agreed when asked if the fee was preventing them from filing complaints. Waddill, who was at the meeting, agreed to waive all inspection fees for the crowd of mostly first-time homeowners.

“Good intentions are not a substitute for having adequate statutory tools,” the Sunset report states.
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