House
Bill 2008, authored by Representative Todd Smith (R-Bedford), would
greatly assist homeowners by enacting critical and necessary reforms to
the Texas Residential Construction Commission (TRCC), according to
consumer groups.
“In the four years that the TRCC has been operating, it has often been
a hindrance rather than a help to Texas homeowners,” said Jeff Brooks,
advocate for the Texas Public Interest Research Group (TexPIRG). “House
Bill 2008 would go a long way towards transforming the TRCC into an
agency which can best serve the needs of ordinary Texas citizens.”
A major complaint against the TRCC is that homeowners are required to
go through its inspection and dispute resolution process before they
can pursue legal action against an unscrupulous or incompetent builder.
The process can take several months and homeowners are required to pay
a fee before it begins. House Bill 2008 would change the law so as to
make the process voluntary rather than mandatory.
“The bottom line is that homeowners deserve to have any construction
defect repaired by their builder,” said Alex Winslow, Executive
Director of Texas Watch. “House Bill 2008 gives homeowners greater
flexibility in how they choose to hold their builder accountable and
gives the TRCC more tools to deal with bad builders.”
In addition, House Bill 2008 would strengthen conflict-of-interest
provisions, so as to ensure that persons with direct ties to the
building industry not be allowed to serve as public representatives on
the TRCC’s board (under its charter, four members of the board are
builders and three are public representatives). The bill would also
give the agency greater authority to go after corrupt builders and hold
them accountable for their actions; lack of such authority has been
another major flaw in the TRCC’s charter cited by consumer advocates.
“House Bill 2008 will greatly benefit Texas homeowners by increasing
their protections against incompetent or unscrupulous builders,” Brooks
added. “We urge the legislature to make passage of this bill a top
priority.”
