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New Legislation in Texas
WHAT HAPPENED TO THE TRCC?
Thursday, 8 April 2010

Mood:  energetic
Topic: New Legislation in Texas

                                WHAT HAPPENED TO THE TRCC?

The Texas Residential Construction Commission (TRCC) was abolished after a small non-profit Organization established by Thomas J. Archer founder and President of the HOMEOWNERS OF TEXAS or (HOT) had unveiled some astonishing and extremely frustrating facts about the Agency, and in the light of which somehow managed to push for legislation in the Texas Senate to bring about it’s demise and abolition. By supporting a Bill with cleverly written mandates, outlining the need and reasons on behalf of Texas Homeowners, as to why the TRCC should be abolished.


 

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     Homeowners of Texas has pledged its allegiance to the local consumers of Texas (Homeowner’s) who have been subjected to some of the most atrocious miss-deeds of Home Builders and is currently formed under 501 c (4) of the U.S. Internal Revenue Code, it seeks to push for Legislation that restores the rights of Homeowners in the State of Texas, that would also require licensing in the State for Homebuilders, Remodelors and their Subcontractors.


 

 


 

If HOT succeeds in its quest for legislative change Consumers will soon have a “Homebuyers Bill Of Rights”.

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“It’s incredible we don’t license Home Builders in the State of Texas”

                                                                                          Tom Archer

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Tom Archer sits in his office Headquartered near the State Capitol of Texas in Austin and sits calmly, then begins to position his expressions with a matter of fact look as he explains, “We’re number one in the nation in Home Building!” and it’s incredible we don’t license Home Builders in the State of Texas”

           Tom Archer says in an interview with Nathan Services Inc.

He explains how his concern and direct interest in forming this non-profit homebuyer advocate organization, originated with his own personal bad experiences with Home Builders. “ My wife and I sought to build our new home” he says (using hand gestures that seem to help clarify his reasoning). “

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     We meticulously picked our floor plan, the colors, the carpet and other details. We thought we did our homework and planning well in advance”. “But it all turned into a disaster when our Builder began evacuation for the slab in the wrong place!” Tom’s facial expression stops short of showing anger but instead a kind of patient human resolve that quietly alluded to his personal understanding of the subject matter. “

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We had to pay far more than we owed to get rid of the first Builder,” With both hands curled wrist down pushing his four fingers back and forth as an ink pin, clinched between a thumb and forefinger dangles from one hand. Archer uses a shooing hand gesture as he makes his point. “The second Builder completed 90% of the framing with a multitude of serious defects and plan violations. So we found ourselves in litigation against many of the subcontractors and discovered that the builder gave us a fraudulent certificate of insurance. During the two and half years to build and rebuild the house I discovered how badly all the laws were stacked against the Texas Consumer.” Tom’s facial expression shows astonishment as his voice to lowers to a tone with distinction, He begins to express his new understanding of the legal facts and statistics surrounding the dilemma of Texas Homebuyers in dealing with the TRCC, beginning with the question:

“If I as an experienced attorney had to go through this; what chance does the average Homeowner have? “After all this, Fortunately the TRCC only had jurisdiction after an owner closed on the house!”; That fact worked in our favor since homeowners going through the TRCC were lucky to get even a minimal settlement from the Homebuilders.


 

      


 


“The TRCC was a nightmare of an organization,” he says “Only twelve percent of complaints were resolved and it usually required months and thousands of dollars to get any thing done!”

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            “THE TRCC WAS A NIGHTMARE OF AN ORGANIZATION”

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Tom explained how that he believed that something-------anything---- had to be done to reverse these conditions in the State of Texas, on behalf of homeowners, so while pondering what he could or should do , he realized he was armed with an Attorney’s License in the State of Texas and decided to apply his legal and legislative experience to press lawmakers for immediate change.


 


In his written Bio Statement, Tom Archer writes: [ “ I am an attorney licensed in Texas…I organized Homeowners of Texas (HOT) in May 2008 as a Texas non-profit corporation dedicated to achieving residential construction reform. I formed the organization after my wife and I endured a 2 ½ year nightmare in building our new home. During that time I became acutely aware of how Texas laws offer virtually no protection to homeowners against unscrupulous Texas homebuilders. I organized HOT to help pass legislation to hold homebuilders accountable to homeowners for construction defects.

                                  ActiveRain Real Estate

HOT opened its doors in August 2008 and convinced the 81st Texas Legislature to abolish the Texas Residential Construction Commission (TRCC).


 

This is the first state agency in memory to be abolished outright under the Texas Sunset Law. We also worked with the Texas Society of Professional Engineers to pass House Bill 2649, which requires all slabs built on expansive Texas soil to be engineered.”] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - Chargepod.  The world's #1  multi-device charger Cash_freeTaxUSA_120x90.jpg

          


                      

                                   THE OPPOSITION

Mr. Archer’s cause for change would bring him and his organization in direct confrontation with the Goliaths of the trade; grandiose Home Builder Associations and powerful Texas politicians supported by them, primarily Republicans. Such huge Home Builders such as Bob Perry (no relationship to Governor Rick Perry) of Perry Homes LLC whose contributions have exceeded $20 million to State officials, Judges and Legislators, who led the opposition to preserve the TRCC, an agency they created to provide the appearance of regulatory oversight. Archer described reports from two state agencies that said the TRCC was nothing more than “a Builder protection agency” that “does more harm than good”.


 

 


Desperate to keep the agency intact, the Home Builders would submit their own more than 60 page long Bill that would have extended the TRCC for 6 more years; using very cursory articulate, but ambiguous techniques to survive.

If the Bill didn’t pass, the Texas Sunset Law would automatically opt for abolition of the TRCC Act that established the Agency. Ultimately thanks to HOT’s efforts a number of pro-consumer amendments were adopted by the House.

Democratic Senators stood firm in their opposition to the TRCC, and the TRCC Sunset Bill never received a Committee hearing in the Senate. It’s Bill would never be brought to consideration or heard by the committee .

A vote of (18) eighteen Republicans to (13) Democrats was not enough to bring the Bill to consideration; what was needed was (21) twenty one votes. HOMEOWNERS OF TEXAS worked with four Legislative staff; Garnett Coleman (D) , David M. Liebowitz (D) Sonfronia Thompson (D) and Diana Maldonado (D) to sponsor pro-consumer amendments and points of order that were considered by the House.


                                     

  


 

   To help spearhead HOT’s campaign, against the TRCC; Archer cleverly employed bright neon colored paper with three (3) or four (4) concise but simplistic, and very effective positional arguments to explain the cause of Homeowners of Texas on the House Floor, and why it was against the TRCC Sunset Bill. These documents were distributed on a daily basis ,such that it thoroughly edified the Legislative body, and gave them specific details of what a serious error the TRCC really represented, by outlining the cause and effects of regulations in the TRCC’s Arbitration practices, and what dismal hopes would be bestowed upon Texas Consumers should it be allowed to continue.

The Bill was finally brought up for House debate on May 6, 2009 only one week before the deadline for House Bills to be approved on second reading and set to the Senate. HOT also sponsored Texas Homeowners who testified before the Sunset Advisory Commission, the House Business and Industry Committee, and the House TRCC Subcommittee. There testimony illustrated , in a dramatic way, the ineptitude of many unqualified Homebuilders and their subcontractors in the industry, who are not required to meet any formal qualifications of any kind or undergo any formal training, to practice Homebuilding in the State of Texas.


 

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     Homeowners like Jennifer Harris from Cibolo, San Antonio, whose husband is a Captain in the U.S. Air Force, testified about their housing nightmare that resulted from serious construction defects. Mrs. Harris husband suffered a serious personal injury ( a detached retina ) that occurred when he tripped over floor covering material that subcontractors had failed to remove or re-install. Mr. Harris stumbled over the carpet on an unsecured floor joint that ruined his left eye retina after an unqualified subcontractor left an obstacle course of rolled-up carpet following a failed attempt to repair defective floor joints incomplete. Mrs. Harris’s testimony before a House Subcommittee and the unconscionable treatment the Harris’ received from the TRCC completely changed the tone of the hearing, speaking on behalf of her husband brought silence along with immediate introspective conviction to Legislators hearing of such horrid real life stories of Texas consumers.


 

 The engineer appointed by the TRCC to investigate the foundation defects at the Harris’ home had issued a report confirming serious foundation defects. However, the engineer later changed his report under pressure from the TRCC. The TRCC would only allow Arbitration rather than an outright litigation from Homeowners placed under these kinds of circumstances. There were little to no means of compensation from Homebuilders, on behalf of consumers under the Regulations, governing the TRCC.

The Hearing was really jolted after Jennifer shared her story.


 


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     Todd Smith was the only Republican who advocated the abolition of the TRCC over those past 3 legislative sessions. September 23, 2008 a total of 260 people testified on the Sunset Commission Staff proposals to abolish the Agency. Only ( 14 ) fourteen wanted to keep the TRCC while ( 246 ) two hundred forty six wanted to abolish it. On March 23rd 2009, before the Sunset Advisory Commission Hearing, a total of two hundred and sixty (260) people testified concerning TRCC. Only fourteen (14) were for it or aligned with the Homebuilders; two hundred and forty six (246) were against it.

 

      On March 31st 2009 when the TRCC came up for voting, not (1) one consumer testified in favor of retaining the agency during those three hearings. The Home Owners of Texas prevailed, by analyzing and exposing the deception and well-hidden anti-consumer provisions of HB 2295. In one bright orange neon-colored leaflet, supplied to Legislators by Tom Archer, HOT writes: The TRCC is simply a failed experiment that is unique compared to other State agencies across the nation.


                                         

 

                

 


“The TRCC was never meant to be a true regulatory agency with a clear mission of protecting the public.”….the agency has instead succeeded in making the Texas homebuilding industry exempt from accountability….

1. CSHB 2295 [The Bill Submitted by Homebuilders in favor of the TRCC] ---makes the failed experiment worse. It creates the illusion of expanded access to legal remedies when in fact it causes lasting damage to the legal rights of all Texans.

2. CSHB 2295 does not protect the public. The public would be better off if the TRCC were allowed to sunset. The 66-page bill does not provide insurance or bonding requirements, nor does it provide regulatory oversight of either the industry or the TRCC itself. In addition, it is so horribly convoluted, confusing, and vague that it is an invitation to litigation and abuse.

3. CSHB 2295 does not improve homebuilding. The bill’s new licensing requirements are a sham and should be offensive to any licensed professional.


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“By not ensuring the competence and financial responsibility of builders in Texas, the regulations do not prevent unqualified persons from entering the field and thus are not designed to prevent problems from occurring.” PLEASE ENSURE THAT THIS BILL DOES NOT REACH THE HOUSE FLOOR AND RECEIVES THE BURIAL THAT IT DESERVES. The leaflet said. -----------------------------------------------------------------------------------------

 


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 ------------------------------------------------------------------------------------------------------------------------------------------------------------ Tom Archer tells the long story of how a small new homeowner’s organization was able to defeat one of the most powerful lobbies in the State, The $35 Billion dollar Texas Homebuilding Industry. Archer points out that no one can remember when a State Agency was actually abolished. Sunset Bills are rarely defeated, and when they are, the functions of the State Agency are typically merged into another State Agency.

“You see, if an agency doesn’t have its ‘Sunset Bill approved it dies.” As Tom speaks with a bewildered look on his face now, as if somewhat surprised at the outcome of his organizations achievements. He explains how other circumstances may have contributed to his organizations success.


 

             

 


 As the conversation continues,we are suddenly, briefly interrupted by a series of chirps with high pitched beeps from a handheld automated camera, sitting on a nearby table used to take snap shots during the interview as it slowly makes a light grinding sound while winding and turning, then pulling its lens inside the body of the camera, and closing itself like an eye lid.


 

During the Texas Association of Builders “ Rally Day” held at the State Capitol on February 25, 2009 only one State official addressed the group: Governor Rick Perry. “Governor Richard Perry may have also seen a clear dysfunction of the TRCC and did not recommend a Safety net Bill” Tom says.

 

Tom also points out how that there were two Consumer Groups originally opposed to the TRCC but changed their positions and ended up supporting House Bill 2295 (the TRCC Sunset Bill) that would have extended the Agency’s life for 6 more years. When Texas Watch and Homeowners for Better Building (HOBB) decided to support HB 2295, Homeowners of Texas became the only consumer group that actually lobbied to defeat the Bill and abolish the TRCC.

“There position may have been; that they couldn’t defeat the TRCC after being told that it would never be abolished.”

Tom says. He then posed these questions: “ Why should any consumer group fail to represent its constituents with the excuse that it might not succeed? Where would we be as a Nation if our founding Fathers had taken the same attitude towards their fight against the British government?”

 

Nathan Services Inc. What are you expecting to further accomplish as a result of this newly passed Legislation?

T. Archer: “We would like to have a Home Buyer’s Bill of Rights to include reforms like Passage of the Arbitration Fairness Act which would restore Americans’ right to a trial by jury. Today, virtually every American is forced into compulsory Arbitration by contracts signed at the point of sale, whether purchasing a cell-phone or a new home. The Act would allow consumers to choose judicial resolution of disputes, and not be forced into compulsory arbitration, where the ‘deck is stacked’ against the consumer. We want Licensing of Texas homebuilders and construction trades, their subcontractors or remodelers included.


 

 


More homes are built in Texas than any other State, yet Home Builders are not licensed in Texas. No knowledge of construction is required to be a Texas homebuilder, even though Texas licenses many other professions including barbers and tow truck operators. Texans deserve the same protections when buying a new home that they enjoy today when they pay for a haircut or for an operator to tow their disabled vehicle.



We would like to see a reduction of exorbitant property taxes in Texas. Texans pay the 2nd highest property taxes in the nation, and Texas ranks 12th nationally in overall Tax burdens. Which are almost 90% higher than taxes in neighboring states or as a national percentage of income.

 


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Texas has experienced spiraling increases in local taxes during recent years as a result of the Legislature’s failure to provide adequate funding for public education and other essential governmental services. Lawmakers have shifted the tax burden from large corporations to individual homeowners.” We need Introduction and passage by Congress of a Housing Fairness Act, which would restore checks and balances to the home buying process. This proposed legislation would prohibit financial conflicts of interest caused by large national homebuilders’ joint ownership of mortgage, Title, Insurance and Appraisal companies. In recent years these conflicts of interest have led to the over-appraisal and over-financing of millions of homes, which in turn resulted in massive numbers of foreclosures, the financial market meltdown, skyrocketing unemployment and financial devastation to retirement plans.


 

Nathan Service Inc.: Okay so what’s changed now, that’s different from before?

Tom Archer: Slabs built on Expansion soil in Texas homes will have to be engineered, as a result of HB 2649 which we helped pass. ___________________________________________________________________________________________________________________Value Health Card Inc. _________________________________________________________________________________________________________________________ Even though Builders opposed the Bill, Remodelers too are now required to be licensed under this Legislation. You see before Builders could simply change their name and continue operations to work for consumers after consumer complaints would be made known, because they were only required to be “registered” under the TRCC not licensed. _______________________________________________________________________________________________

 

“Lawmakers have shifted the tax burden from large corporations to individual homeowners.”     Tom Archer


 

     Homebuilders will have to take a Test based on HB 2243 licensing international residence code.

Nathan Services Inc: This sounds as if there’s more work to do yet on this issue; what’s next? What are you expecting for the next Congressional Sessions.

Tom Archer: Yes, You’re right we do have a lot more work to do on this, in 2011 the next session we will continue to seek to get Remodelers and Home Builders licensed through a State agency. A new Agency or Association is not the solution. All new homes will have to have fire sprinklers in them. Fire Chiefs in Texas are already in favor of this. - - - - - - - - - - - -- - - - - - - -- - Ann's Bridal Bargains-728x90- - - - -- - - - -- - - - - - - - - - - - - - - -- - - - -- - - ----- - -- -- - - - Tom points out how this could have benefited the Texas Governors Mansion, which itself endured a massive fire back in the summer of 2008. Although this is legislation that the Fire Chiefs are already pushing for on their own, Tom exhorts “ We want Cities to have the right to require that be ‘done on a local basis’.” - - - - - - - - - - - - - - -- -Pet Supplies at Goodwill Too - - - - - - -- - - - - - - - - - - -- - - - -- - - - - - - - - Homeowners Insurance rates in Texas are number 1 in the nation; has been for years. We have absolutely no rate regulation and there’s no reason for it!; even though we have 25 million people, that’s going to be a focus in 2011.

I feel that this is an area where consumer advocacy is lacking. We’re second in the nation when it comes to Property Taxes; although we don’t have a State Tax, it depends on where you live to get an exemption. The Asset remains the same but Taxes still increase.

The National average is $880.00 dollars but in Texas it’s $1400.oo dollars; that’s a huge gap. We want to look at this in 2011. It’s a redistricting year as well. The cost of owning a home with Insurance and Taxes is way too high.

And a Homeowners Bill of Rights is needed. Who’s out there looking out for us Homeowners? Whoever it is isn’t doing a very good job.


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                              CLOSING INTERVIEW

Nathan Services Inc: Okay…Well then who should conduct the licensing protocol for the State of Texas?

Tom Archer: The Texas Department of Licensing and Regulation should. Because it will not be subject to political pressures or Homebuilders influence, and it reduces the threat of litigation. The TDLR has been doing this for a hundred years, and they do a great job.

Nathan Services Inc: Do you foresee any of this helping American Labor workers in the housing Construction Industry?

Tom Archer: The Homebuilders will be far more concerned with the quality of work of their subcontractors. There’s no program in Texas that trains people how to build a home, no College or Trade programs; there is a crying need for this in our State, not even a High School program.

A Vocational High School program [in Construction] of some kind is needed to keep kids from dropping out. We need some principal form of education for the Construction trade.

This will increase jobs for all Americans. But will improve the opportunities for everybody, and improve the quality of Homebuilding Construction in the State of Texas. Builders always have to think of the income area of the House to make a profit, but if it’s going to cost more to get better quality then so be it.

Nathan Services Inc: Should there be a license requirement for Home Inspectors and Roofers?

Tom Archer: Absolutely. All construction trades should be licensed and eventually will be once homebuilders are licensed.

Nathan Services Inc: So it takes a lot of know-how to be a Home Inspector?

Tom Archer: Absolutely!….and they’re not licensed. The problem with the Home Inspection Process is that the Homebuilder gets to veto the Home Inspector who goes out to inspect the houses. The Home Buyer doesn’t get to have adequate qualified representation during the Home Inspecting process.

So the Homebuilder will only send someone who is approved by them! Home Inspectors are subject to pressure from those who hire them. If home Inspectors are licensed, they will no longer be subject to this type of pressure, and the quality of their work will improve.

Nathan Services Inc: What about homes in Texas that are subject to high windstorms?

Tom Archer: Well…we saw on the News, the house down in Galveston that was the only one that was still standing, and it was windstorm certified. We have the ability today to build these homes right. To me when you know how to build a house right you should do it , in the long run, the cost to everyone will be less. When you build the home right in the beginning, over the next fifty years the public will benefit. If we follow our health and safety Laws and protect ourselves from wind and storm damage, we will save lives and protect property values.

 


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 --Mr. Archer then presents literature created by Homeowners of Texas used to clarify a public policy mandate for licensing in the State of Texas, from a small stack of papers already held in his hand and gives it over to me. As I examine the paperwork I find myself somewhat amused, but impressed again at how orderly and organized he is, and in the planning and preparation it takes to undertake such a huge task as challenging unfair legislation such as this and further succeeding at it. - -

The literature quotes Representative Allan Ritter (D) who attended the Sunset Advisory Commission hearing on the TRCC on September 28, 2008.

- “Every craftsman in Texas should be licensed, not just electric, plumbing and HVAC”. - - The leaflet explains the difference between ‘Licensing vs. Registrations’ and further spells out who should be licensed and why.

And reads as follows: - - Licensing elevates the stature, respect and earning potential of practitioners in all professions. Licensed and skilled practitioners are consistently better prepared to compete than unskilled or unscrupulous ones.

- That would include Builders, Remodelers, Home Inspectors, and Foundation, framing, roofing, flashing and swimming pool contractors. We don’t accept the argument that “that’s too much change to handle at one time, so we won’t license anyone.” Home inspectors are especially critical since weak enforcement of building codes poses serious health and safety risks, and because unlicensed inspectors are often beholden to builders who hire them and may easily overlook serious defects with impunity. Real estate inspectors, by comparison, are already licensed.


 

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- ‘Registration’ provides information to the public about the registrant. It does not, however, provide any controls and instead presumes that the activity is permitted by right. If those who register don’t follow the rules, then registration may be withdrawn, but one cannot be denied the opportunity to participate in the activity.

- ‘Licensing’ grants permission to do something that otherwise is forbidden. In most cases, a license is required for engaging in that activity. For instance, a driver’s license is considered mandatory for the privilege of driving a car on public roads. Licensing involves the police power of the State.

That is, if one violates the licensing law, either by acting without a license, or failing to uphold the rules governing the license privilege, one is subject to prosecution under civil or criminal laws. - 28 States license homebuilders, including 10 out of the 13 southern states where most of the homebuilding is occurring.

Texas, Oklahoma and Kentucky are the only southern States that don’t license Homebuilders. One factor behind recent licensing activity is fraud in the aftermath of big storms.

Other factors include substandard constructions, failure to repair defects, failure to pay subcontractors, builder insolvency, and poor contract management. Licensing helps to protect the public and prevent lawsuits by addressing the root cause of residential construction disputes.

- California has been licensing builders the longest, since 1929; and Arizona has one of the strongest programs, giving builders the ability to check subcontractor-licensing status to make sure they’re qualified, and giving subcontractors the ability to file a complaint and go after the builder’s license and insurance bond if they don’t get paid.

- The Leaflet continues on in describing the differences in buying an Existing Home in Texas compared to buying a New Home in the State of Texas, and illustrates the genuine depth of research undertaken to establish and support the causes of the Homeowners of Texas. - - - - - - - - - -Adagio Teas - Best Teas Online - - - -- - - - - - - -- - - - - - - - - - - - - - - - - - - ----- - - - - -- - -- - - - - - - MusicSpace.com- - - - ------------------------------------------------------------------


 

The TRCC was initially adopted in 2003 in the 78th Session of Congress when powerful Republicans like Tom Craddick and Tom Delay were in control. It, was able to evade public scrutiny due to no publicity or coverage by the media which was overwhelmed with other more immediate public issues, including the newly formed Redistricting laws at the time.


 

But it did get Review from Carole Keeton Strayhorn in 2006 who conducted her own formal investigation of the agency and found even then, very disturbing facts about it, and that the TRCC needed to be abolished.

   What stood out even then was how deliberately ambiguous and deceitful the regulations surrounding the agency were. The Regulations carried long lengthy labyrinths of phrases and references to other regulations in the Texas Annotated Code that only confused Homeowners as well as the Lawyers representing them.

And further in requesting specific information about the Homeowner complaints, release of the information was prohibited. This was yet another profound absurdity that surrounded the TRCC and its agency regulations.

This fact in and of it self came across as deliberately ambiguous; and seemed to carry the effective intent of deceiving the general public. Mrs. Strayhorn only managed to stir up a hornets’ nest about the subject at the time and was unable to win a campaign running for Governor of Texas herself.

In her campaign slogan she mentioned, ”stirring things up in Texas.”


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 ------------------------------------------------------------------------------------------------------InformIT (Pearson Education)--------------------------------------------------------------------Reader's Digest Store The House Bill submitted to the Legislature that would seal the fate of the Texas Residential Construction Commission endorsed by HOT, would be submitted by David M Leibowitz.

The Bill Stated: The Texas Residential Construction Commission (TRCC) was never meant to be a true regulatory agency with a clear mission of protecting the public. Since its inception, over the past 5 years this agency has acted as a builder protection agency, failing to achieve satisfactory resolution of 88% of the defective Construction complaints filed with it by Texas homeowners.

HB 2243 abolishes the TRCC effective September 1, 2009, and achieves meaningful protection of Texas homeowners via the regulation of Homebuilders and Remodelers through a program of mandatory licensing administered by the Texas Department of Licensing and Regulation (TDLR).

TDLR must adopt any necessary rules to administer this act by March 1, 2010, and the first licensing examination will be administered on June 30, 2010.



 


Licenses will be issued to general residential contractors beginning September 1, 2010 for those:

*Who are persons at least 21 years old

*are Texas residents

*are American citizens or lawful admitted aliens

*Have worked in residential construction for at least 3 years

*Have Payed the initial application fee of $500.00

*Have passed the applicable licensing examination covering the latest version of the International Residential Code with a minimum score of 79

*and provided proof of liability insurance coverage of at least $500,000 or $2million, depending on the number of homes built in the prior year.

 

Licenses will be good for one year, and renewal licenses will be issued to general residential contractors who are in good standing, provided the requisite proof of required insurance, and pay the renewal fee of $300.00.

Persons engaged in residential construction on or after September 1, 2010, without a license who knowingly or intentionally violate this requirement will commit a Class “A” misdemeanor offense.



 

For applicants licensed in other States with equivalent licensing requirements, TDLR may waive any licensing requirements. A license holder must obtain a surety bond for each home the license holder builds equal to the fair market value of the completed project if the project had no defects.

A license may be revoked or suspended by TDLR on grounds that

*include abandoning or failing to complete a project,

*violating building codes,

*plans and specifications,

*failing to obtain a building permit,

*misapplication of trust funds,

*acting under a false name,

*engaging in statutory or common law fraud,

*false or misleading advertising,

*failure to honor a warranty,

**and failing to satisfy a court judgment, arbitration award, or administrative penalty.

Detail administrative hearing procedures through the State Office of Administrative Hearings are also established for general residential contractors whose licenses are subject to revocation or suspension.

 


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     After all this waiting and planning, patiently organizing to take on such a huge undertaking Tom Archer pulls out even yet more paper work from his desk that shows how much more work has even yet to be done on this issue. He is now requesting, the names and addresses of all the Homeowners who submitted their complaints to the TRCC while it was in effect, the details of the complaints and which Homebuilders caused the complaints.

But no longer wants to accept the reply that this information is forbidden under the ‘Freedom of Information Act’, the same hurried absurd excuse used years earlier against Mrs. Strayhorn.

� Because now that the defunct  TRCC organization is now abolished, “there is no more need to forbid this information from being made public” says Archer. � Mr. Archer is also seeking to create a membership package to the Homeowners of Texas organization where the general public can join as members, and consumers of Texas who may want to donate to his organization may do so, to support the organization in it’s on-gong costs to do business and function with daily expenses, but at the same time follow along with the Legislative accomplishments made by (HOT) Homeowners of Texas, that may very well affect all Homeowners in the near future.|_|



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Posted by rev.nathanvongriffin at 8:15 PM CDT
Updated: Friday, 16 April 2010 7:30 PM CDT
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