Abbott: Comptroller had no authority to issue building report
Strayhorn replies that she'd do it again and welcomes a court challenge

State Comptroller Carole Keeton Strayhorn had no authority to investigate and release a critical report about the performance of the Texas Residential Construction Commission this year, state Attorney General Greg Abbott ruled Wednesday.

Strayhorn's response: She'd do it again, and she all but dared Abbott to try to stop her.

Elected as a Republican and running for governor as an independent against Gov. Rick Perry, Strayhorn issued her report in January.

She criticized the agency, created in 2003, as acting as a "builder protection agency" with no power to enforce homebuilders to repair construction defects in new houses.

Strayhorn said Wednesday that she investigated because a Republican lawmaker asked her to.

"I did it, and if the attorney general wants to take me to court, let's go," she said.

The review was requested by Rep. Todd Smith of Euless in August. Rep. David Swinford, R-Dumas, then asked Abbott whether Strayhorn had the authority to conduct such a review.

Abbott's written ruling? Only if the governor asks for it.

The comptroller used to have the authority, but the Legislature stripped those powers in 2003, Abbott said.

Even though Strayhorn holds a publicly elected office, she is limited by state law to reviewing agency expenses, receipts and disbursements.

She cannot broaden that to include an investigation into the effectiveness of policy, management, fiscal affairs and operations, Abbott's ruling said.

The practical effect of the ruling on the construction agency report is negligible. Strayhorn's report was finished and released months ago.