AUSTIN - Lawmakers indicated Tuesday that they want the much-maligned Texas Residential Construction Commission to be rebuilt, not abolished, as has been recommended.

Staffers to the Sunset Commission, which periodically evaluates state agencies, told lawmakers the construction agency "does more harm than good" for homeowners stuck with shoddy workmanship and should be disbanded. But members of the Sunset Commission, composed of eight key lawmakers and two public representatives, said they wanted to try to fix the agency.

Sunset Commission chairman and state Rep. Carl Isett, R-Lubbock, told residential construction commission officials to work closely with Sunset advisers and to embrace changes, or else the agency could find itself slated for demolition by the Legislature next year.

The residential commission was created five years ago, backed chiefly by homebuilders. The law requires that homebuilders register with the state, but there are no standards for application other than having a physical address and no criminal record.

Before they can file suit against bad builders, consumers must file a complaint with the Residential Construction Commission, which will order an inspection and try to bring a resolution. The process usually lasts five months but has taken up to 20 in some cases.

In the end, under current state law, a homebuilder cannot be forced to make any repairs, and the homeowner cannot take the builder to court until the resolution process is completed.

"The current structure and current approach don't work," said Sunset Commission director Joey Longley. "It wouldn't matter if [the agency] went away."

But Sunset lawmakers pointed out that 32 other states regulate homebuilders, and that Texas could look to their standards. Some, however, said that setting minimum qualifications and licensing procedures might go too far.

"Having housing police is not the way we want to go," said state Rep. Lois Kolkhorst, R-Brenham.

Residential construction commission members said giving the agency more oversight and power is the answer. "Let's not throw the baby out with the bath water," said Commissioner Kenneth Davis of Weatherford.

But homeowners and consumer advocates also complained to the Sunset Commission, saying the Residential Construction agency is a failure that should be ended.

Tom Archer, president of Homeowners of Texas, called for licensing of builders. "Texas licenses barbers and tow-truck operators, but not homebuilders," he said.

The lack of oversight has made the state "a magnet for unscrupulous players," he said. "The result is homeowners, even whole neighborhoods, have suffered millions of dollars in damages with no recourse."

The Sunset Commission reviews all state agencies periodically to update, streamline and refine their missions. It also can recommend abolishing a state agency if it is failing to fulfill a purpose.

Legislators on the Sunset Advisory Commission said they want the TRCC (Texas Residential Construction Commission) to be rebuilt, not abolished, as was recommended by the Sunset staff. Consumer advocates who testified said the TRCC does more harm than good and should go.

Christy Hoppe /The Dallas Morning News (choppe@dallasnews.com )
9/24/2008

Source: http://www.quickdfw.com/sharedcontent/dws/news/texassouthwest/stories/DN-trcc_24tex.ART.State.Edition1.2723cfb.html

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