End mapped out for Texas construction agency
The agency that oversees home building in Texas will be dismantled over the next 14 months under a plan announced Friday. But it will be business as usual for builders and homeowners dealing with the Texas Residential Construction Commission until Aug. 31. After that, the agency starts a one-year wind down of its operations. The TRCC is outlining its demise after lawmakers did not act to save the beleaguered agency from the stateâs âsunsetâ process.
End mapped out for Texas construction agency
Department that regulates construction will be phased out
By JENNIFER HILLER SAN ANTONIO EXPRESS-NEWS
The agency that oversees home building in Texas will be dismantled over the next 14 months under a plan announced Friday.
But it will be business as usual for builders and homeowners dealing with the Texas Residential Construction Commission until Aug. 31.
After that, the agency starts a one-year wind down of its operations.
The TRCC is outlining its demise after lawmakers did not act to save the beleaguered agency from the stateâs âsunsetâ process.
It will close its doors Aug. 31, 2010.
Under the plan:
⢠New homes and projects completed by Aug. 31 must be registered with the agency.
⢠Home inspection requests will be accepted through August from homeowners or builders who are at odds over construction issues.
⢠The agency will process those complaints through Aug. 31, 2010.
⢠Builder registrations and renewal registration applications will be accepted through Aug. 31, but will be prorated.
The 5-year-old TRCC was initially billed as a way to regulate home building and create a way for homeowners and builders to resolve disputes out of court. But it had little enforcement authority.
A 2006 audit from the Texas comptrollerâs office branded the agency a âpaper tigerâ and said it shielded builders from responsibility.
The Sunset Advisory Commission staff last year recommended abolishing the agency, in part because of the inability of the agency to force builders to repair shoddy construction work. Homeowners were forced to go through the agency before going to court, but didnât trust it, the staff report said. âNo other regulatory agency has a program with such a potentially devastating effect on consumersâ ability to seek their own remedies,â it said.
In September, Texas reverts to the pre-TRCC law, the Residential Construction Liability Act, which limited damages homeowners could seek and gave builders the right to repair poor construction.
Ned Muñoz, vice president of regulatory affairs and general counsel for the Texas Association of Builders, said that a bill passed this session will allow counties to enforce building codes and conduct home inspections in unincorporated areas â something that will help regulation in the absence of TRCC. âI think that bill is an important thing to have passed in light of the TRCCâs demise,â he said. âIt benefits homeowners. It protects home builders to make sure someone who doesnât build to code wonât undercut the industry.â
Once the agency closes, TRCC spokeswoman Magelly Castiblanco said, itâs still unclear where the agencyâs data and records will go. âWe had a staff meeting recently and that is a big question,â she said.
The TRCC has about 200 cases pending.
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6/12/2009 8:01:21 PM
Consider this: the TRCC actually generated money for the State. The TRCC collected $6.6 million in fees from builders and homeowners in FY 2005 but spent only $3.7 million, transferring $2.9 million to help balance the state general budget. The fees were largely related to registration fees of builders and houses, and fines (see above). The State has already spent this money, so be prepared to pay it somewhere else.
Further, the public does not understand how much work went into this agency. Sunset is a tremendous waste of this time and taxpayers' money. (Talk about throwing the baby out with the bathwater). The program does need some tweeks, but this legislature was too lazy and preoccupied with other more wasteful issues to solve this challenge. These legislators (and governor) should be held accountable during the next election.
6/12/2009 8:14:08 PM
Castiblanco, give them to your Billionaire Republican Shoddy Home Builder Bosses.
6/12/2009 8:14:19 PM
Silvertungdevil-let it be understood TRCC was dubbed the "builder" protection agency not one of consumer protection. As far as the arbitration contracts, do you really think TRCC will sit down with a homeowner at arbitration? I really doubt it.
No it is a day when many consumers are rejoicing that we can start again with a fair and balanced playing field.
You cannot even imagine some of he horror stories that were told at testimony. Truly a sad state, literally when elected officals allow people to loose eveything at the hands of some in an industry so they can continue getting their warchest filled, in my opinion.
6/12/2009 8:17:16 PM
6/12/2009 8:19:26 PM
6/12/2009 8:25:57 PM
6/12/2009 8:28:47 PM
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If it had little enforcement authority, it sounds like it was just a roadblock to discourage homeowners from asserting their rights in a court of law.
6/12/2009 8:51:13 PM
6/12/2009 7:01:34 PM
6/12/2009 7:02:06 PM
6/12/2009 7:03:47 PM
6/12/2009 7:14:48 PM
6/12/2009 7:17:09 PM
One organization keeps calling for licensing, maybe ok idea but my research showed even with licensing there are an overabundance of complaints and nothing happens to the builders, more of TRCC.
A Home Lemon Law would suffice for me, or how about a recovery fund? If there is a Lemon Law for cars the state should certainly should have one for homes.
Let some of these builders live in the homes they built for others, they wouldn't do it on a bet.
How to choose a builder if you so desire, go to Homeowners Against Deficient Dwellings, Homeowners for Better Building, Texas Watch ,Consumer Affairs from there you will find more websites to visit.
Lastly, when candidates throw their hats into the ring, you will easily be able to find who their donors are. Keep an eye on those open records.
TRCC-the agency that did so little for so many. Au revoir et salut
6/12/2009 7:22:20 PM
6/12/2009 7:29:47 PM
6/12/2009 7:36:31 PM
PRORATED????? You have to be Freakin KIdding me........
Dang Now I have to redo my truck signs........
6/12/2009 7:46:33 PM
6/12/2009 7:53:39 PM