Texas House Bill HB2295

Texas 2009 - 81st Regular

• Out of House Committee: 4/24/09
• Voted on by House: 5/7/09

Caption

Relating to the continuation and functions of the Texas Residential Construction Commission; providing penalties.

Impact

The bill modifies various sections of the Property Code to amend the procedures governing the Texas Residential Construction Commission, ensuring it is subject to the Texas Sunset Act, which mandates periodic evaluations of the commission's effectiveness. Proposed changes include provisions for emergency orders to enforce compliance, as well as measures to streamline the builder registration process. This oversight is intended to protect homeowners from potential negligence or fraudulent activities by builders.

Summary

House Bill 2295 addresses the continuation and functions of the Texas Residential Construction Commission (TRCC). The bill aims to ensure that builders registered with the commission are held responsible and accountable to homeowners. It seeks to enhance transparency in the residential construction industry by introducing guidelines for the inspection of homes and facilitating the resolution of disputes related to construction defects. The TRCC's mission includes educating both builders and homeowners regarding the core aspects of the industry, especially regarding building and remodeling homes.

Contention

Notable points of contention surrounding HB2295 involve discussions on the scope and authority of the TRCC, particularly in terms of its power to issue emergency orders and the auditing processes of registered builders. Stakeholders are concerned about potential overreach in enforcement powers and argue about the balance between safeguarding homeowner rights and not overly burdening builders with regulatory compliance. The bill's provisions for maintaining a homeowner recovery fund further highlight the ongoing debate regarding homeowner recourse in cases of builder misconduct.