The Texas House is spending alot of time conducting hearings on whether the Texas Residential Construction Commission should be abolished or fixed. It is beyond common sense that anyone would think this Commission has a chance of being fixed in order to help the consumers especially after the Sunset Commissions report calling for its abolishment.
Unfortunately, it seems our elected officials, in trying to fix this, are listening to the very people who created the disaster in the first place. This will only result in yet another disaster for the consumer. The sunset bill, HB2295, which is suppose to fix the Commission on behalf of the consumers and filed by Representative McClendon, has absolutely no support from consumer organizations. None. But plenty support from the homebuilder industry.
One thing for sure, trusting a Texas home builder to fix the TRCC is like:
Trusting Osama Bin Ladin to fix Homeland Security.
Trusting an alchoholic to guard your liquor cabinet.
Trusting a cat to guard your birds.
Trusting Joe the plumber to fix your plumbing.
Trusting Sarah Palin to teach sex education
Trusting Tom DeLay with the Texas Ethics Commission.
Trusting a sex offender to baby sit your kids.
Trusting the home building industry to fix the TRCC is about as dumb as trusting them in the first place in 2003 when this disaster of a Commission was created. They lied to us then. They are lying to us now. They do not speak for the consumer. They don't care about the consumer. They are there to screw the consumer.
Bill to abolish the Texas Residential Construction Commission up for hearing. Elected officials have a chance to take a stand.
“Until the TRCC is abolished, homebuyers should avoid buying newly constructed homes, risking their financial stability, the health of their family, and being subjected to the abuse of the worthless builder’s commission.”
For more information, contact John R. Cobarruvias Homeowners Against Deficient Dwellings, Texas 281-536-2457 C
(Austin) — A hearing in the Business and Industry Subcommittee will accept testimony on a number of bills concerning the Texas Residential Construction Commission (TRCC trick) on Tuesday 3/31/09 10:00am in room E2.030 of the capitol extension. One of the bills, HB2695 filed by the chair of the Subcommittee, State Representative Gattis, will abolish the TRCC.
HB2695 reflects the results of an extensive study by the staff of the Sunset Commission which recommended to abolish the TRCC and repeal the TRCC Act passed in 2003. This study, released in Aug 2008, is available at http://www.sunset.state.tx.us/81streports/trcc/trcc_dec.pdf. The study echoes the results of yet another study by the Texas Comptrollers Office released in Jan 2006 with a recommendation by the Comptroller "...if it was up to me personally, I would blast this TRCC builder-protection agency off the bureaucratic books"
“On Tuesday the members of the Subcommittee have an opportunity to support the consumers and instill faith in home buying by voting to abolish this ill conceived builder-protection agency.” says John Cobarruvias of Homeowners Against Deficient Dwellings (HADD). “Until the TRCC is abolished, homebuyers should avoid buying newly constructed homes, risking their financial stability, the health of their family, and being subjected to the abuse of the worthless builder’s commission.”
Abolishing the TRCC has bipartisan support with two Republicans, State Representative Gattis and Todd Smith, and one Democrat, State Representative Leibowitz filing bills calling for an end to this Commission. (HB2695, HB1635, and HB2243 respectively). Unfortunately while consumers and two State Agencies are calling for the abolishment of this Commission, State Representative McClendon has drafted legislation to “fix” it with HB2695, much like a coat of paint to mask a severely cracked foundation, something that homebuilders actually do.
“The TRCC is a case study in corruption. The bill that created it was written by the Vice President and General Counsel of Bob Perry Homes and filed by a State Representative who owns a lumber company and is a member of the Texas Association of Builders. The TRCC is an embarrassment to the State and our elected officials should put an end to it.” stated Cobarruvias. More details can be found at “The TRCC. A Case Study in Corruption” at http://bayareahouston.blogspot.com/2008/08/trcc-case-study-in-corruption.html
COMMITTEE: Business & Industry
SUBCOMMITTEE: TRCC, Property , and landlord & tenant issues
TIME & DATE: 10:00 AM or upon final adjourn./recess Tuesday, March 31, 2009
PLACE: E2.030
CHAIR: Rep. Dan Gattis
Homeowners Against Deficient Dwellings http://www.hadd.com
When you are having a great conversation (at least in your mind) and the person you are talking to has that damn bluetooth device stuck in their ear with the little blue light blinking like it was a beacon on top of a frickin cell phone tower warning pilots not to fly into it at an airport. And all of a sudden right in the middle of your conversation, they get a call and just have to answer it leaving you with your mouth open in mid sentence.
It really makes me want to reach across, grap that damn thing out of their ear, like pulling a radish out of the ground, throwing in the street in heavy traffic, and just continuing your conservation like nothing happened, while they look at you with the "I can't believe you just did that" look on their face.
I mean come one! Can you take that damn thing off your damn ear for one damn minute so you can have a damn conversation with someone you can't stand? Or hey, how about not even coming out of your frickin house and just have a conversation on the damn phone all day or night? Frickin idiot.
Over the last few years I have followed electricity rates and issues affecting electricity rates including bills in Austin to address the failures of deregulation. Here is a recap of the issues that I have seen that negatively affects consumers in Texas.
No internet access. The Public Utility Commission created a website called the Power to Choose to help homeowners find the lowest available rate. Unfortunately this site does nothing for those consumers without internet access or who do not know how to effectively use the Internet.
Stuck with Reliant. For those who did not change from Reliant when deregulation allowed the middleman electricity sellers, they were put on a month to month rate which can peak in the summer to the high teens or low twenties. Many elderly and low income families are stuck in this plan. Month to month plans are some of the most expensive plans available.
Timing the market. If a homeowner has the time, patience, and luck to "time" the market they can sign a 1-2 years long term contract, but it has to be timed correctly. If they sign a 12 month contract during the summer, they will be locked into a very expensive rate. When it is time to renew, they will be again locked into a high rate.
No competition. There really is no competition in the market. The rates fluctuate month to month and all electricity resellers vary their rates by this fluctuation. So if a consumer wants to "shop around" in August then they can only shop from a range of rates that are inflated. If they shop in Feb, the rates across the board are lower. This is not competition. This is self regulation by the providers.
No bargaining power. The consumer has no bargaining power when choosing an electricity rate. Resellers will not negotiate and consumers are restricted to rates based upon the time of the year.
NOTE: The Houston Chronicles editorial concerning electrity rates has a typo in the bill numbers, SB148 and HB278. THis should be SB1481 and HB2780)
Our elected officials (at least some of them) have realized that electricity deregulation has been a huge failure. Senator Elitfe, a republican in East Texas, has filed SB547 to stop deregulation until it can be proven through a pilot program it will reduce rates for his constituents. His bill passed in committee on a unanimous vote.
Senator Wendy Davis, Democrat from Dallas, has filed a bill with Representative Jim Keffer, a republican, to allow cities to use their power to negotiate for a low rate and pass this on to their citizens.
It’s the Sam’s Club theory: Allow consumers to buy electricity in big boxes — city-sized boxes — to get a better rate. Under the measure proposed by state Sen. Wendy Davis, D-Fort Worth (SB 1481), and state Rep. Jim Keffer, R-Eastland (HB 2780), cities, counties and other such bodies could negotiate electricity rates on behalf of their residents.
The bill also allows citizens to opt-out of the program so they can negotiate on their own. From my conversation with the city, Houston pays about 10 cents a kWh. Although this is more expensive than pre-deregulation prices of 8 cents, it is much better than what can be negotiated by the average citizen.
It is a win-win-win situation. We get low rates. The city gets low rates. The electricity providers get to compete. And we get a long term contract without worrying about yearly "negotiating" with the electricity providers.
Good bill. You can call your State Senator and Representative and voice your support for SB1481 and HB2780. State "Hello, my name is xxxxxx. I live in the district and I am calling in support of lower electricity rates with Senate/House bill 148/278."
Representative John Davis. (512) 463-0734 Senator Mike Jackson. (512) 463-0111
With less than 2 hours notice, State Representative John Davis is having a town hall meeting for "all constituents of House District 129" and yet the only advertisement I have seen is from the local republican email list:
Representative John Davis will hold a Town Hall meeting Saturday March 28th, 2009 at Judge Louie Ditta’s Courtroom. The Courtroom is located at 16603 Buccaneer, 2nd floor, Houston, TX 77062. The meeting is scheduled for 10:00 a.m. – 11:30 a.m. The meeting is open to all constituents of House District 129.
Yes, that is today at 10:00am in the Clear Lake County Courtroom. 16603 Buccaneer. This is his third meeting during his 10-years in office.
HB677 will be heard in the Judiciary & Civil Jurisprudence Committee on Monday. This bill attempts to stop any complaint filed with the Texas Ethics Commission 60 days before the election. Not only will it not work, but it will stifle all legitimate complaints against lawmakers breaking campaign finance laws. Bad bill.
HOUSE OF REPRESENTATIVES
NOTICE OF PUBLIC HEARING
COMMITTEE: Judiciary & Civil Jurisprudence
TIME & DATE: 2:00 PM or upon final adjourn./recess Monday, March 30, 2009
PLACE: E2.010
CHAIR: Rep. Todd Hunter
HB 677 Hartnett Relating to liability for a respondent's attorney's fees and costs incurred in defending against a sworn complaint filed with the Texas Ethics Commission.
A hearing will take place on Tuesday 3/31 10:00 in a Subcommittee of the Business and Industry Committee to address home builder bills including one to abolish the Texas Residential Construction Commission.
COMMITTEE: Business & Industry
SUBCOMMITTEE: TRCC, Property , and landlord & tenant issues
TIME & DATE: 10:00 AM or upon final adjourn./recess Tuesday, March 31, 2009
PLACE: E2.030
CHAIR: Rep. Dan Gattis
HB 311 Leibowitz | et al. Relating to certain fees authorized by the Texas Residential Construction Commission Act.
HB 1635 Smith, Todd Relating to the abolition of the Texas Residential Construction Commission.
HB 1653 Veasey Relating to issuance of an optional license for certain builders.
HB 2095 Farrar Relating to the regulation of and claims against residential home builders.
HB 2223 Parker Relating to notice to certain homeowners regarding residential construction warranties.
HB 2243 Leibowitz | et al. Relating to the licensing and regulation of residential construction contractors and the abolition of the Texas Residential Construction Commission; providing a criminal penalty.
HB 2695 Gattis Relating to the abolition of the Texas Residential Construction Commission.
HB 3348 Gattis Relating to regulation of residential construction; providing a penalty.
HB 3349 Gattis Relating to the operation of the Texas Residential Construction Commission.
HB 3629 Smith, Todd Relating to the continuation and functions of the Texas Residential Construction Commission and the licensing and regulation of certain builders.
Excuse me if I am being repetitive, but.......just wanted to make sure all the readers of Bay Area Houston (all 4 of you) are aware of some facts about the Texas Residential Construction Commission (TRCC). Let me start with a quick story:
In 1995 the Senate Committee on the Judiciary held a hearing on militias in the United States. One militia leader who testified held a map showing the locations of his militia forces in one hand, and in his other hand, a map where tornados had touched down. In his testimony he claimed the United States had the capability to create tornados to specifically target his militia forces. As the cameras were cutting away from the hearing, he was waving the maps in the air yelling:
“I’m not making this stuff up!”
With that in mind, enjoy the following fun facts about the homebuilders commission
Who wrote the bill that created the TRCC? A guy named John Krugh, the senior vice president of Bob Perry homes. He led a task force within the Texas Association of Builders to draft the legislation that created the commission. After the bill passed, he was appointed to the commission by the Governor.
Who filed the bill in the Legislature? State Representative Allan Ritter. He owns Ritter Lumber Company and is a member of the Texas Association of Builders. He received an award from the TAB after the bill passed.
No consumer support. HB730, which created the Commission, had no support from any consumer organization in Texas. No consumer organization has supported any bill file concerning the TRCC.
Texas Star Builder Program. The Texas Star Builder Program was created by the homebuilding industry for builders in Texas willing to extend their warranties and agree to higher standards of building. Out of 28,000+ homebuilders in Texas, only 31 are Star Builders.
Texas Comptroller's Report.The Texas Comptoller released a report in Jan of 2006 calling for an end to the TRCC after an extensive study.
The Sunset Commission Report. The Texas Sunset Commission issued another report after a 6-month extensive investigation and recommended abolishing the Commission due to its fundamental flaws.
The $28,000 raise. After two agencies recommended abolishing the Commission, the TRCC Commissioners asked for a $28,000 raise for the Executive Director. The request was later withdrawn.
As much as I have followed the Texas Residential Construction Commission (TRCC, pronounced trick) I can't believe I missed this jewel of information.
The staff of the Sunset Commission after a 6-month indepth investigation recommended abolishing the TRCC. A list of those in support of this recommendation and those who were against abolishing was published in the report issued by the staff. Here is the list of those who are against abolishing the Commission:
Representative Allan Ritter, Member – Texas House of Representatives (He wrote the bill that created the TRCC. This is his baby.)
Jerry Boettcher – StyleMaster Homes, Houston (homebuilder)
Steven A. Carriker, Executive Director – Texas Association of Community Development Corporations, Austin (homebuilder)
Victor B. Drozd, Member – Bryan/College Station Homebuilder’s Association (homebuilder)
Damon Lyles, Division President – Centex Homes (homebuilder)
Michael Moore, President – Greater San Antonio Homebuilders (homebuilder)
Wayne Moravits, President – Monticello Homes, San Antonio (homebuilder)
M. Scott Norman, Jr., Interim Executive Director and General Counsel – Texas Association ofBuilders, Austin (homebuilder)
Karen R. Page, Member – Homebuilder’s Association of Grayson, Fannin, and Cooke Counties, Whitesboro (homebuilder)
Robert Pierry, Jr., P.E., President – Pierry Consulting, Inc., Lantana (homebuilder)
Barry S. Th ombs, Vice-president and Co-owner – Th e RockAway Company, Inc., Haltom City (homebuilder)
Cheryl Turner, General Counsel – Darling Homes (homebuilder)
George Wood – Meander Estates Property Owner’s Association, Granbury (homebuilder)
Eric Knapp (building inspector)
An interesting list. All 14 have some connection to the industry. Representative Ritter filed the original bill that created the Commission. This is his baby. He is also a member of the Texas Association of Builders and owns a lumber company that sells to the home building industry.
Sheryl Turneris an attorney. Just a few years ago she was the "go to" attorney in Texas for consumers with construction defects. She was well respected by the consumer groups. She now works for Darling Homes. Kind of disappointing, but money must talk.
And now for the list in support of abolishing the TRCC:
Representative Dora Olivo, Member – Texas House of Representatives
George Alejos, Affordable Housing Director – League of United Latin American Citizens
Tom Archer, President – Homeowners of Texas, Inc., Austin
Janet Ahmad, National President – HomeOwners for Better Building, San Antonio
Carolyn Becka, Vice President – Take Back your Rights PAC, Frisco
Pamela J. Bolton, J.D., Director of Policy and Research – Texas Watch, Austin
Allissa Chambers, President – Austinites Lobbying for Municipal Accountability, Austin
John Cobarruvias – Homeowners Against Deficient Dwellings, Houston
Douglas A. Garrett – Building Performance and Comfort, Inc., Leander
A.J. Hohman, Jr. – Hohman, Georges, and Gehring, L.L.P., San Antonio
Landon Lambert, Attorney and Counselor At Law – Donley County
Diana Maldonado, Democratic candidate for House District 52 – Round Rock
Lou McCreary – Law Offices of Lou McCreary, Austin
KEEP GOING!
T. June Melton, P.E. – Amstar Engineering, Inc., Austin
William D. Pearson – W.D. Pearson and Associates, Fredericksburg
Rosa Rosales, National President – League of United Latin American Citizens, San Antonio
Kericia E. Smith, Founder, CEO, and National Executive Director – Association of Veteran
And there you go. I think it is very clear. The consumer protection agency, the TRCC, is not supported by the consumer. QED. It is in need of a mercy killing.
DO YOURSELF, YOUR FAMILY, AND YOUR FRIENDS A FAVOR AND DO NOT BUY A NEW HOME UNTIL THE TEXAS RESIDENTIAL CONSTRUCTION COMMISSION IS ABOLISHED.
More on that in a later post.
The talking point. The talking point is "If we abolish the TRCC what will consumers have?" Nothing. And nothing is better than the TRCC. Literally. The Sunset Commission staff was very blunt about this Commission. It should be abolished. Consumers were better off without it. Nothing is better than the TRCC.
Who wrote the bill that created the TRCC? John Krugh, Senior Vice President of Bob Perry home. Get the picture? Why are the builders so happy with this Commission? Like DUH! They wrote the bill! Why are they looking like a bunch of cats with feathers around their mouth.
No support for HB2295. HB22995 was to fix the flaws in the TRCC based upon the recommendations of the Sunset Commission. But they cherry picked from the list of recommendations from the staff who conducted the 6-month study and came out with a bill that NO CONSUMER ORGANIZATION IN TEXAS supports. It does NOTHING to correct the fundamental problems of the TRCC.
You have to wonder. If HB2295 was filed on behalf of the consumer, then why doesnt it have any support from consumer organizations, some who are purely voluntarily.
You just have to wonder.
P.S. State Representative Gattis has really stepped up to the plate for the consumer! He ROCKS!
Part IV
Builder is still being asked hard questions by Gattis. Ga ttis doesnt look happy. Quintanilla asking whether they are making recommendations to the TRCC. They have not.
Francisco Valdez. Against the bill. KB Home. Not sure what he is talking about. Sold in an upscale area. Now they are selling starter homes. The TRCC is "looking" into the problem. TRCC is not here for us. They complained to the Attorney Generals office, told them to go to the TRCC. TRCC will not hold them accountable for their actions? I dont know either. Ok.....enough...... calls for its abolishment.
Gary Elkins: If you abolish the TRCC what do you get? He is assuming the TRCC works.
Sandy Bradshaw. Has been sitting in the room since 1:30. She is mad! Must have had a foundation problem. Had frame damage. Concrete damage. Builders claimed it was not expansive soil, and it it was. Roof had to be shimmed 100 times! Egads! Had TRCC come out to the neighborhood and they couldn't answer the question.
BJ Saldoval. Westwood Homes in Richmond Texas. Has worked with TRCC for almost two years. Dissapointed that the TRCC cant help with his problem. Moved in Feb 2007. Nov 2007 complaint filed. Findings by TRCC by Sept 2008. hum....not two years.
I just spoke. I am tired and will be going home. LOTS of people left to speak.
-----------------------------------------------------------------
Part III
The Commission cherry picked the recommendations by the staff of the sunset commission and produced HB2295. The recommendations provided by the homeowner groups were not taken.
Bill Little. Speaking for HB2295. He is a builder from Beaumont. Claims that the TRCC helps consumers. References Ike damage.
Victor Gorsts. Brian College Station homebuilder assoaciation. Supports HB2295. SURPRISE!!!!! blah blah blah. Oh geez... he is reading his testimony. boring. question: What in this bill will help homeowners to get their home fixed? You dont need an attorney. (Yet you need an attorney to go through the TRCC process) Here it goes.....this is a young agency, they are doing a good job. Gattis: Does insurance cover construction defects. He wiggled. Lots. The insurance doesnt cover construction defects and that is what we need. Way to go Gattis!!!
__________________________________________________________________________
Part II
Sunset Commission staff is here. About to testify on why they recommended abolishing the TRCC. Joey Longley, Director of the Sunset Commission. Said the TRCC was fundamentally flawed. Said the legislature had 2 shots at fixing it and didnt. They had a laundry list of what needed to be to be done and made recommendations.
Asks about 1038 which modified the TRCC in 2007. Asking if Sunset looked at what hb1038 and if it was going to help. He said no. It is not going to get us there. This guy is cool. Very calm. The process to resolve a complaint was taking 6 months!!!! It is now down to 4.5 months, but still it is extremely long.
Says that there is a legislative solution, but not probable. The Sunset Commission says HB2295 will fix the commission, but Turner is asking if HE thinks hb2295 will fix the commission. His answer.............he is being interrupted by Gary Elkins...........no answer. Dang.
Quintanella asks if the builders had any undue influence by campaign contributions. He said do. Is the tail wagging the dog? Why does the industry like the regulation of the TRCC? Says he needs to ask the homebuilders when they testify.
The sunset commissioners voted to keep the TRCC, the staff's recommendation was to abolish.....dragging on.
_______________________________________________________________
Rep McClendon laid out the bill. The Executive Director, the one that was to get a $28,000 raise, is now up for testimony.
He claims that adding the "Purpose" clause of the bill is one of the best piece of legislation. HUH? All it states is that it is suppose to help consumers. Like and/or duh! If they hadn't figured this out in 2003, there really is no hope. He claims that this is giving the TRCC regulation capabilities, which it doesnt. Rep Turner asked where it said that. In fact here is the wording:
Sec. 401.0011.PURPOSE; TEXAS RESIDENTIAL CONSTRUCTION COMMISSION.(a)The Texas Residential Construction Commission oversees builders registered with the commission to ensure that builders are responsible and accountable to the homeowners with whom they contract.
(b)The commission's mission includes:
(1)educating builders and homeowners about all aspects of the residential construction industry affecting the building or remodeling of homes; and
(2)facilitating resolution of disputes between builders and homeowners regarding construction defects through the state-sponsored inspection and dispute resolution process.
Chair Deshotel again asks how the bill would "regulate" the builders. Waddill is stumped.
Nothing exciting yet..............the room is full, lots of suits in here. Lots of builders. I havent seen this many suits since the last funeral I attended..........still nothing exciting.........Rep Quintanilla is asking some great questions.
Biggest problems with the TRCC according to Waddill:
Time for the inspection process
Enforcement problems
Recovery fund
That really isnt a great list of the problems with the TRCC. In fact it is out of touch of what the consumers really need. Bathroom break....
If you would like to watch the hearing concerning the Texas Residential Construction Commission via Real Player you can find it here.
The hearing was to start at 2:00 but the House is still in session. Much like two years ago, it probably wont start till 4:00 or later. And might end 12 hours later..............
Ten of the 11 members on the panel have received a collective $324,500 from Perry during their legislative careers. Leading the pack are Reps. Sylvester Turner, D-Houston, $115,000; Sid Miller , R-Stephenville, $91,500; Kirk England, D-Grand Prairie, $47,500; and Wayne Christian , R-Center, $31,500.
One of the first of many bills concerning reform of the Texas Ethic Commission will be heard in the Election Committee on Monday March 23 at 2:00PM. This bill filed by Representative Geren will require all fines assessed by the TEC to be paid from personal funds instead of from campaign donors. You can watch the entire hearing here.
The report Don' Mess with Ethics identifies $3million in undisclosed expenditures, elected officials using their donors money to pay their family members salaries, purchasing condos, leasing and buying expensive cars, buying memberships in high dollar golf and country clubs, and converting campaign cash to personal use.
Rep. Gerens bill will help prevent these violations from happening again and the bill, HB3178 , by Representative Senfronia Thompson will guarantee they don't happen.
Voice your support for these bills by contacting the Elections Committe chair at (512) 463-0772.
Drywall made in China is continuing to cause havoc in new home construction and moving to other states. From CNN:
The Florida Health Department, which is investigating whether the drywall poses any health risks, said it has received more than 140 homeowner complaints. And class-action lawsuits allege defective drywall has caused problems in at least three states -- Florida, Louisiana and Alabama -- while some attorneys involved claim such drywall may have been used in tens of thousands of U.S. homes.
According to the article the drywall is giving out sulfur-based gases smelling of rotten eggs and corroding water pipes, wiring and causing problems in their appliances.
Class action lawsuits are being filed, some on behalf of the home builders who have used the product against the distributors and manufacturers. Homeowners have also filed class action suits. If this comes to Texas, homeowners will be screwed.
Like Peter Griffin in family guy, there are some things that just grind my gears, like:
People who wait for someone to pull out of a parking spot in a shopping mall while a line is forming behind them, and while there are plenty of spaces just a small walk down the aisle. But no, they have to wait in their SUV, sitting on their fat ass, so they don't have to walk the extra 100 feet or so, all the while we are stuck behind them wanting to move so we can park 100 feet around the damn corner and get in the store. Maybe someone needs to tell them that they should walk the 100 feet so they would slim down and fit in a Honda Accord instead of a Chrysler Hummer with extra firm shocks.
HB2295 filed by Representative McClendon is based upon the recommendations by the Sunset Committee. The Sunset staff recommended abolishing the Texas Residential Construction Commission, but the members of the committee decided otherwise. McClendons bill will be heard in the full committee on Monday 3/23 at 2:00PM.
If you are interested in attending to speak on the bill look at the How to Attend a Hearing post I wrote earlier. Only one bill will be heard, that being HB2295. HB2295 is being filed as a consumer friendly bill, yet no consumer organization has voiced their support for the bill.
COMMITTEE:
Business & Industry
TIME & DATE:
2:00 PM or upon final adjourn./recess Monday, March 23, 2009
You might see a group of people standing on the corners in Clear Lake asking for money for AIDS and HIV Awareness. You might want to think twice before giving any money to them because the money they collect is used to pay people to stand on the corners in Clear Lake to raise awareness of AIDS and HIV. They are called God Bless Charities and switch from AIDS to Ike, to any other charity they can panhandle for. According to Amy Davis of KPRC:
Local 2 Investigates discovered the group recruiting workers from homeless shelters. A "God Bless" manager told us by phone all of the workers get a cut of the collections. "You just got to hold a sign and a bucket and hand out fliers," the manager told a KPRC producer by phone. "And we pay 25 percent of what you bring in up to $99. If you make $100, we give you 30 percent." The group told us they raised awareness of AIDS and HIV simply by holding the signs on street corners, keeping the subject top of mind.
Yep. They raise awareness by standing on the corner and raising money to raise awareness by standing on the corner and raise awareness by..... you get the picture. You have to wonder if they pay 30% of what they collect, where does the other 70% go? KPRC also suggests:
If you've seen this group collecting and want to file a complaint, you should contact is the Texas Attorney General's Office. At the time this story aired, the AG had only one complaint on file.
Most every bill that is filed in Austin will have a hearing prior to being voted on in committee and moved to the floor of the House or Senate. If you are interested in providing testimony on a particular bill, here is a simple how-to guide. (If anyone has comments based upon your own experience, please post.)
How do you find information about the bill? Go to the Texas Legislature Online (http://www.legis.state.tx.us). There are a number of search capabilities that will help you find the bill you are interested in. As an example search and find House Bill 2695. HB2695 will abolish the Texas Residential Construction Commission (TRCC). You will notice that the bill will be heard in the Business and Industry Committee. Learn how to track a bill and get notices when the bill will be heard.
When will the hearing take place? After the bill has been filed and sent to a Committee, the author of the bill asks for a hearing, and the Chair will decide when the bill will be heard. Usually the public will get only 3 days notice, so if you are not flexible at work, you will be out of luck. The example bill, HB2695, has not been scheduled yet. You can register with TLO and get an email or text when the Chair posts the hearing information or go to the Committee's website. The Business and Industry can be found here. Other Committees can be found here.
When will the bill be heard? Once a date has been set, the time for the hearing and the location will be posted at the Committee's website along with the other bills that will be heard that day. This is where it will get frustrating because there is no specific time to hear a specific bill. For instance the TRCC bills in 2007 were heard in the State Affairs Committee which started at 2:00 PM, but they broke for a vote on the House floor and returned at 4:00PM. This hearing lasted 12 hours till 4:00 AM. Many in the audience fell asleep, others left, but that is the way it goes. If there had been other bills that needed to be heard before the TRCC bills, then we would have waited longer.
You might want to call the author of the bill and ask when the bill might be heard. Usually they are told in advance about when the bill would be heard. While you wait, find others who are going to testify and compare notes or network.
What do you do when you arrive? There will be testimony cards available to sign. You will have to put the bill number, your name, address, and contact information and whether you will speak in favor or against the bill. The card will be turned into the clerk who usually sits to the side of the Committee Members.
What do you say? Usually you will be given 3 minutes to testify. Sometimes, based upon your testimony, you could be given more time. If you have particular information based upon studies you have done, or information that has not been covered you will be given more time. Stick to the subject matter. For example, don't start discussing licensing of builders if the bill is about abolishing the TRCC. If you have a personal story, be brief, but show how your situation could happen to their constituents. Make your testimony relevant. Be respectful. Cry if needed and remember, this is YOUR House.
Some people will be asked to be "invited" testimony. In the TRCC's case, it will usually be the Executive Director, a member of the home building industry, and sometimes a consumer advocate. They will be given an extended time, relatively, to testify. If you have specific information and have been working with an elected official ask if you can be "invited" to speak.
What do you bring? Bring a one page summary on your situation. Make enough copies for each member. If you have something of impact, like a picture of a cracked foundation, bring enough for everyone. Don't bring a book of documents etc. If you have that, make an appointment with the author of the bill and talk in depth with them. Keep it short to the point, and relevant.
Watch yourself. Afterwards you can watch yourself on video. Check the Committees website for video links.
A number of bills have been filed to address problems with the Texas Ethics Commission probably due to the rash of bad publicity highlighting the lack of enforcement by the TEC. The most promising is HB3178 by State Representative Senfronia Thompson. The bills filed by Harnett and Christian would be a disaster and would pretty much stop any complaints from being filed even for legitimate purposes. The bills for this session include:
HB3178 by State Representative Senfronia Thompson.which would provide for some much needed reforms to the Texas Ethics Commission. A report titled "Don't Mess With Ethics" compiled over the last few years identified over $3million in undisclosed expenditures, use of campaign funds for personal use, and using funds to buy condos. This bill would put an end to many of these violations.
HB4066 by State Representative Wayne Christian (R) would require all complaints to originate from a citizen of Texas and create very stiff penalties for "bad faith" complaints. This will would essentially stop any citizen from filing a complaint. The TEC already has a screening process that works just fine to stop harrassing complaints along with stiff penalties.
HB677 by Harnett. Relating to liability for a respondent's attorney's fees and costs incurred in defending against a sworn complaint filed with the Texas Ethics Commission. This bill would attempt to stop a PAC or a campaign from filing an ethics complaint for political purposes. If after the investigation the complaint is dismissed by the TEC the PAC or campaign would have to pay the legal expenses of the person being filed against.
Unfortunately this will not stop complaints filed prior to an election since a PAC or campaign can ask someone not affiliated with the PAC or campaign to file the bill and this person would not come under this bill. If this bill was modified to include everyone, it will pretty much stop anyone from filing a complaint.
If this bill gets a hearing, dirty laundry will be aired to show the faults of this bill.
HB756 by Martinez-Fisher. Relating to the making or acceptance of political contributions in a building owned by or leased to the state. Current law prohibits political donations in the capitol. This bill will expand this to include all buildings owned or leased by the State.
HB585 by Gonzales. Would require training for all elected officials on the laws of the Ethics Commission.
HB477 by Geren. Would require all fines by the TEC be paid from personal funds instead of campaign funds.
SB695 by Senator Ellis would require all financial statements to be placed in the TEC database.
The Texas Residential Construction Commission has come under fire during the 2009 session with 3 bills filed that call for its abolishment. Here is a recap of all the bills filed with a bit of opinion:
SB1015 and HB2295. By Senator Hegar and Rep McClendon. These are the "builders" bills, the ones that the builders have agreed to. Instead of abolishing the Commission the Sunset Commission made recommendations. These bills reflect those recommendations. These bills have been filed on behalf of the consumer, but will not get approval from any consumer organization in Texas. They do not provide any extra protection for this failed Commission.
HB2695 Will abolish the Commission. By Rep Gattis, Republican from the Austin area. Gattis has been increasingly annoyed with the TRCC. Last week he grilled the Executive Director at a House hearing and there is a group of homeowners in his district that has constantly bent his ear.
HB1635 Will abolish the Commission. By Rep Smith, Republican. Representative Smith asked the Texas Comptrollers office to study the TRCC. The recommendation by the Comptroller was released in Jan of 2006 and recommended to "blast this builder protection agency off the books". Rep Smith in turn filed a bill last session to do just that.
HB2243 Will abolish the Commission.Democrat, Representative Leibowitz has filed bills in the past and in the current session to remove the high cost of the services provided by the TRCC. This bill calls for the abolishment of the TRCC and for licensing of home builders.
HB311 Will remove the high fees for the inspection required by the TRCC. File by Rep Leiborwitz. This is actually common sense, but common sense doesn't prevail in Austin. According to testimony by the Executive Director 91% of all fees paid to the Commission are returned to the homeowner. When homeowners apply for the State Sponsored Inspection and Resolution Process (SIRP) they must pay a $350-$450 fee. If a defest is found, then the money is returned.
HB981 Will reform the TRCC by Rep Senfronia Thompson. This is a comprehensive bill to reform the Commission. Again, a good bill that was filed in 2007 and 2005 and never got out of committee.
HB1653 Will provide for an optional builder license. By Rep Veasey. This is interesting, but the TRCC has something similiar already and it has been a complete failure. Out of 28,000+ homebuilders in Texas, only 31 have applied for the optional Texas Star Builder Program.
HB2243 Will abolish the Commission and require a builders license for all home builders. By Rep Lebowitz. Once again a good bill, but the builders will not allow their industry to be licensed.
HB3349 (not quite sure what this bill does.) Probably has no chance of passing.
State Representative Senfronia Thompson (D-Houston) has filed HB3178 which would provide for some much needed reforms to the Texas Ethics Commission. A report titled "Don't Mess With Ethics" compiled over the last few years identified over $3million in undisclosed expenditures, use of campaign funds for personal use, and using funds to buy condos. This bill would put an end to many of these violations. The bill would:
Require all fines assessed by the Ethics Commission to be paid out of personal funds of the elected official. Currently all fines can be paid out of campaign money.
Require periodic audits of statements, reports, or other documents filed with the TEC. This would prevent violations from happening especially if the TEC would put auditing capabilities in the software they provide to file reports.
Require mandatory training for all elected officials, staff, and employees. Considering the number of violations found over the last few years, training is definitely needed.
Redesign the TEC website to allow easier searching of the database. The bill would authorize the TEC to contract with an internet design company to make recommendation on how to redesign it.
Prohibit payments of any kind to spouses, children, or business the officer holder has a 10% interest in. This would stop payments to a spouse for services, or to buy a condo, or payments to a business owned by a spouse to buy a condo.
Increase fines for repeat offenders. Some elected officials just don't get the message the first time and will need harsher punishment.
All in all a very comprehensive bill that should eliminate the majority of the violations identified in the report. Now, will our elected officials sign up for these common sense reforms or will they block it?
According to the Texas republican party the most pressing issue facing the citizens of Texas is voter fraud. Unfortunately, Attorney General Greg Abbott, a republican, has spent $1.4 million of tax dollars to find and prosecute those perpetrating this plague of epic proportions and yet has not found any perpetrators to prosecute. Maybe that is why he refused to testify during the hearing last week.
But, if this is such a pressing issue, where is our State Representative John Davis? Dude, where is my town hall meeting? Don't go holding your breath for one to happen. republican Representative, Todd Smith (HD-92), Chair of the Elections Committee, attempted to have a members only town hall meeting to discuss voter fraud but the event was leaked to all of his constituents and he had to back down to a packed house on his false claims of gloom and doom. Davis doesn't want that to happen to him, although why would he care?
Word on the street is that Davis is on his last tour of duty at the Capitol and HD129 will be an open seat. Over the last 10 years of Davis' tour he has had 4 town hall meetings. One he didn't show up for, another he didn't advertise which drew an audience of 8, and two he was snookered into and couldn't back out of.
Davis has also lost his positions in his Committees, no longer on the powerful Health Services or Appropriations Committees. Instead he is on Public Health dealing with nail salons and massage parlors, and on County Affairs responsible for affairs of the county or whatever they do.
All in all, Davis can just sit back and relax as he has done over the last 10 years and watch as his $38,000/year pension starts rolling in. All without having a town hall meeting to discuss the most pressing issue known to men in Texas, the vast retched plague of voter fraud.
State Representative Christian has filed a bill that would probably stop any citizen in Texas from filing an ethics complaint against a Texas lawmaker. HB4066 would require all complaints to originate from a citizen of Texas. This isn't a bad idea and is reasonable, but the rest of the bill is terrible.
Would impose a $10,000 fine on "bad faith" complaints.
Would ban complaints filed 60 days before an election by a member of a candidates campaign, or by someone who was asked to file the complaint by a member of a candidate.
Adds files up to $100,000 for those who ask another person to file a "bad faith"complaint.
Whew! Instead of filing a bill to stop ethics violations, Christian files a bill to pretty much stop anyone from filing a complaint. These complaints can be very complicated such as the case of State Representative Vicki Truitt who got off of giving her husband over $90,000 for a condo. Those who file the complaints do not have the luxury of spending their donors money on high paid attorneys to find loopholes to get out of the complaint.
So, instead of blowing the whistle on legislators who are breaking the law, Christian is going to make sure he scares the air out of anyone who blows the whistle.
The republican teachers are shocked, appalled, and now whining about their civil rights being violated. Turns out republican state representative Ken Leglar has filed a bill to require random testing of all teachers in Texas.
Pasadena state representative Ken Legler filed a bill on Feb. 2 that would require all current teachers, principals, counselors, school nurses and teacher's aids to submit to random, unannounced drug tests.
Now just for the record, I am against this random testing because it violates fundamental rights, but it is funny watching republican teachers screaming about their Constitutional rights while looking the other way over the last 8 damn years. Maybe they need to look at this as a preemptive strike against dope smoking teachers that could reek drug induced terror on our school children.
Or maybe they should realize that if we save just one child then it is worth spending millions and violating Constitutional rights by drug testing teachers. Or they should remember that the end justify the means. Remember that excuse?
Besides, if you are not doing drugs, you have nothing to fear and, by the way, no one is putting a gun to your head to work as a teacher. If you don't like the law, get a new job.
republican teachers should also remember they can call that pinko commie group called the ACLU to help you fight this, but then again, you don't believe in protecting the rights of others.
Do you? Maybe we should have random drug testing of our elected officials. I think Leglar should be first in line.
Governor Perry thumped his conservative chest in front of a bakery stating he would decline the stimulus money to extend unemployment benefits. Yet while attempting to hold his white conservative base of hypocrites with an act of cold hearted ruthlessness, he turned into a mushy, multi-colored sun dress wearing, dope smoking, liberal, accepting billions of welfare money for his biggest contributor, Bob Perry and his home building buddies.
Last night, speaking to a Pakistani audience, Perry stated the Government doesn't create jobs, his builder buddies do, then quickly accepted billions of government handouts for them to create these jobs. Unemployment benefits would be spent here in Texas by those trying to feed their families and weather this economic disaster created by Perry's party. Welfare benefits for the home building industry will be sent home across the border and not spent here. It doesn't make cents.
But this is Texas, home of the giant hypocrite. Welfare is good for conservative businesses, bad for those who are unemployed.
WOW! Like Congressman Lampson, Pete Olson felt the pressure of the job and was admitted to the hospital for emergency heart surgery. From the Houston Chronicle:
WASHINGTON -- Rep. Pete Olson underwent emergency surgery today to have a cardiac pacemaker installed.
Olson, 46, R-Sugar Land, underwent the procedure after a slow heart rate caused him to faint while lifting weights in the House gym.
"It happened so fast that when it's over you're kind of going, 'Wow!''' Olson said in a telephone interview from George Washington University Hospital.
Olson said White House chief of staff Rahm Emanuel, who was exercising with members of Congress at 6:20 a.m., was the first person to reach him after he fell.
Luckily Olson and Lampson have access to the best health care in the world. And the insurance to pay for it.
A good crowd was on hand to hear Houston City Councilman Mike Sullivan start his townhall meeting in Clear Lake with a prayer to our Lord Jesus Christ our Savior followed by a list of what he has done over the last few months. Mike is good at that. Here are some notes from that meeting:
His staff Sullivan introduced his staff to the audience and to Loren who handles the Clear Lake area. So, if you have something you would like to bring to the attention of Mike Sullivan, call Loren. All of his staff were very professional.
Electricity Deregulation This was interesting. Someone from the city (forgot to get his name) stated very bluntly that electricity deregulation did not reduce rates as promised and did not create competition and the city, as well as the taxpayers, are paying for it. The city is paying about 10 cents per kWh which is well below what a citizen can negotiate. A question was asked if citizens of the city can join with Houston and get the 10 cent rate allowing the city to negotiate rates for us. More on this in a later post.
City water rates Sullivan was one of 2 council members who voted against the $2.00/month increase for water rates in Houston. Clear Lake is under the Clear Lake Water Authority and is not affected by this rate increase. I don't get it. Electricity rates have doubled costing the citizens hundreds of dollars a year, yet nothing is being done about it. But...he stood fast to save $24/year. It doesn't make cents.
Traffic Study City Council has approved a $100,000 traffic study in Clear Lake. A few individuals in the audience brought up issues specific to their area. Some whined a bit too much, but this was their opportunity to vent and vent they did.
New Recycling The city has selected three community associations in the area to participate in a new recycling pilot program. Each family will be given a large green container on wheels for recycling. Pick up is once ever two weeks. All items that can be recycled (except motor oil) can be put in the bin. This is a pilot program and will end in about a year. At that time it will be determined if the program will be expanded. It wa stated that Houston will be limited in landfill in 15 years and recycling would help extend this.
I left when the question and answer session started.
Well Levi, father of Bristol Palin's child, was wined and dined on the republican dime. He sat front row at the republican national convention of old white christians. He was dragged on stage to wave to the millions conservative christians watching on the TV. And he porked the VP's daughter without protection (or permission).
And today, he left Bristol, canceled the wedding and left Sarah Palin loading up her shotgun again, once to get him on the stage, and now to get his sorry ass to the altar. Levi really pulled one over the entire party.
Not only did he pork the daughter of the Governor of Alaska, he got free booze. his face on national TV and then he did what other republicans have done. He ran.
What a bastard. And what a bunch of stupid bastards the republican are.
While our Texas republican Senators are huddled on the floor of the Senate listening to bogus arguments in support of a plan to solve a non existent problem with a Voter ID bill, our great state is ranked dead last in child homelessness. They should be so proud.
More children are homeless or at risk of becoming homeless in Texas than in any other state, according to a report released today.
The study by the National Center on Family Homelessness in Newton Centre, Mass., ranks Texas at the bottom of a state-by-state report card on child homelessness.
The republicans on the Senate floor could care less about these kids, or about the lousy economy that is creating more homeless families. They only care about keeping control and the only way to do that in 2010 is to make it harder for people to vote in Texas.
And to hell with homeless children. Here are some stats:
Texas received the lowest ranking in the nation in a state report card on child homelessness released today by the National Center on Family Homelessness. Findings include:
•Texas had 337,105 homeless children in 2006, including some Hurricane Katrina evacuees.
•One in 20 Texas children does not know where he or she will get the next meal.
•Less than one in four homeless children graduates from high school.
•More than one in five Texas children are uninsured.
•Texas has no long-term planning to address homeless children, according to the center.
Clear Lake City residents in District E will get that opportunity at a town hall meeting March 11 in UHCL's Bayou Building Garden Room from 6 to 8 p.m.
I spoke with council member Mike Sullivan about the upcoming meeting. Some of the topics he expects to address are basic city infrastructure, major concrete repairs in Clear Lake, the addition of three new officers to the Clear Lake police substation and the plans for local parks--including Sylvan Rodriguez Park.
What a tool and a fool Commissioner Ted Houghton of the Department of Transportation is. The commissioner is advocating using nearly $2B in stimulus money to build toll roads in Texas. This is the same Commissioner who lost billions of tax dollars over the last few years due to accountly errors. This is the same Commission who the Sunset Commission grilled about incompetence.
And this Commissioner has the nerve to call a fellow Texan, Hank Gilbert, a bigot during a hearing. Gilbert led the charge against the Trans Texas Corridor over the last year and spent much time and money fighting on behalf of the citizens of the state, exactly what TXDOT was supposed to do and didn't. When Hank asked the Commissioner to repeat what he called him, Houghton tucked tail and refused.
Gilbert is a no nonsense kind of guy and I believe if Houghton had the balls to call him a bigot to his face, out back in the alley, he would need both hands to pull Hank's boot out of his ass.
Nothing worse than a damn yellow tailed coward. Watch it below.
You have wonder where the priorities are of some Christians in the Bay Area. Sagemont Church has decided to spend God knows how many hundreds of thousands of dollars on marking their territory with a 150 ft tall white cross. The cross is surrounded by a moat and illuminated with large spotlights at night.
This is bothering. Can you imagine what they could have used that money for to help those who need help, or to do what Christians are suppose to do, like help others? Instead they erected a giant cross to mark their territory like stray cats in a subdivision.
Sagemont will not be the only one marking the area . Grace Community Church will one up Sagemont with a 200 ft cross on I45, also illuminated at night, but they will have a prayer station half way up the cross. Their Christians could climb the cross like an amusement ride and pray for more money so they can help the needy, or maybe construct a Jesus super slide to get off the cross.
As if this is not enough, Grace will erect another huge cross in north Houston. Can't imagine what will happen to the cross (and those in it) during a hurricane.
Maybe that would have been a better use of the money, help those who continue to be affected by Hurricane Ike. I'm just saying, I doubt God or Jesus would be too thrilled to see such a waste of money and good will. Next up for the Christians, a giant nativity scene with a 20 foot baby Jesus.
Alamo Tamales has opened a store on Hwy 3 just south of Clear Lake City Blvd in the Starbucks strip mall. If you like tamales, you just have to drop in for a dozen hand made tamales. The hand made tamales are larger than the regular ones. Currently they have a special going on, buy a dozen of hand made and get a dozen of their regular tamales free. You can eat at the store, or take them home.
Alamo Tamales started in Houston in 1960 in a 2000 sq ft building and has since expanded.
Alamo Tamale's 25,000-square-foot,USDA-inspected and approved facility in Houston features state-of-the-art equipment. Although we have modernized the way we make tamales since our start in 1960, we still rely on family recipes and wrap each and every one of our tamales by hand.
They have stores on Berry Road and Navigation. And now in Clear Lake! Buen Apetito!
Get it while it lasts! This probably will be the last month for relatively low rates for electricity. According to the Power to Lose website, many electricity providers are offering rates that are just under a 50% increase than before deregulation for the Harris County area. Historically these rates will now start to climb peaking in the summer. If you are going to lock in, do it now.
Kinetic Energy is at 11.3 for a 12 month period with a $200 termination fee. StarTex is at 11.4 with a $150 fee. Brilliant Energy is the highest rate at 18.9, Reliant is at 15.6, and TXU is at 14.9 for a 2 year contract. Reliant and TXU have good ratings on their customer service, although what does anyone really need from an electricity compay except reliable service and low rates?
The giants of electricity marketing Reliant and TXU obviously cannot competing with the little guys, but can advertise with TV, Tom Tynan, and mailers claiming they are a good deal. And with Reliant being bought out by NREnergy, who knows what will happen.
Three State Representatives, 2 Republicans and 1 Democrat, have now called for the abolishment of the Texas Residential Construction Commission. It should be clear at this point after two state agencies have put considerable time and money into investigating the TRCC and both calling for an end to it, that our State Legislators should take action.
Unfortunately, many still talk as if the Commission was created on behalf of the consumers and therefore consumers still need something to look to for help. This is absolutely not true. As has been said at many hearings, this commission was designed by the builders and it supports the builders. Consumers never asked for this commission and were never brought into the process. If our elected officials were truly interested in helping the consumers, they would call for the abolishment of the TRCC.
Rep Gattis, Republican from the Austin area with HB2695. Gattis has been increasingly annoyed with the TRCC. Last week he grilled the Executive Director at a House hearing and there is a group of homeowners in his district that has constantly bent his ear.
Rep Todd Smith, Republican with HB1635 Representative Smith asked the Texas Comptrollers office to study the TRCC. The recommendation by the Comptroller was released in Jan of 2006 and recommended to "blast this builder protection agency off the books". Rep Smith in turn filed a bill last session to do just that.
Rep Leibowitz, Democrat with HB2243. Representative Leibowitz has filed bills in the past and in the current session to remove the high cost of the services provided by the TRCC. This will calls for the abolishment of the TRCC and for licensing of home builders.
One thing for sure, trusting a Texas home builder to fix the TRCC is like:
