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CONCURRENT RESOLUTION
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WHEREAS, The Texas Residential Construction Commission |
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(TRCC) was created in 2003 to provide homeowners and residential |
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builders with the opportunity to resolve their differences through |
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a state-sponsored inspection and dispute resolution process by the |
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enactment of the Texas Residential Construction Commission Act |
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(Title 16, Property Code); and |
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WHEREAS, The mission of the TRCC is to promote quality |
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construction in Texas by registering builders and residential |
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construction projects, providing information and education to |
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homeowners and industry members, and reviewing consumer complaints |
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regarding alleged postconstruction defects; as part of its |
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governing philosophy, the TRCC is committed to addressing the needs |
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of consumers and industry members in a fair and efficient manner, |
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promoting collaboration between consumers and builders when |
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disputes arise; and |
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WHEREAS, The San Antonio Housing Authority (SAHA) receives |
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funds from the U.S. Department of Housing and Urban Development to |
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build and maintain affordable housing in San Antonio communities; |
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one of SAHA's principal goals is to increase home ownership in the |
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city for first-time homebuyers and low-income residents; and |
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WHEREAS, In 2000, SAHA constructed the 159 single-family |
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dwellings that comprise the Mirasol Homes project to give |
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low-income families the opportunity to own their own homes through |
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a lease-to-purchase program; to date, more than 80 of the homes have |
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been purchased, approximately 20 of which are occupied by families |
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under a lease-to-purchase agreement; and |
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WHEREAS, In recent months, several owners and tenants of |
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Mirasol Homes properties have contacted SAHA to voice their |
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concerns about the structural viability of their dwellings, |
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including problems that may be the result of postconstruction |
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defects; some of those residents have asked the housing authority |
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to make repairs on their homes; and |
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WHEREAS, TRCC is uniquely positioned to draw on its expertise |
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within the residential construction industry and coordinate with |
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SAHA as the housing authority addresses the concerns of the Mirasol |
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residents; working together, TRCC and SAHA could develop and |
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implement a plan for the inspection of potentially defective |
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dwellings, the repair and reinspection of any defects found, and |
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the establishment of procedures to provide mediation between SAHA |
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and the Mirasol homeowners and tenants; and |
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WHEREAS, As a political subdivision of the state, however, |
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SAHA is exempt from TRCC oversight under provisions of the Property |
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Code; additionally, because the Mirasol properties were |
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constructed and sold before TRCC was created, the commission lacks |
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the authority to assist SAHA with the Mirasol Homes construction |
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disputes; now, therefore, be it |
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RESOLVED, That the 80th Legislature of the State of Texas |
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hereby respectfully request the Texas Residential Construction |
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Commission to work in cooperation with the San Antonio Housing |
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Authority to create and implement an inspection and mediation plan |
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that would address the concerns of the homeowners and tenants of |
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certain Mirasol Homes properties; and, be it further |
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RESOLVED, That the secretary of state forward an official |
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copy of this resolution to the chair and the executive director of |
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the Texas Residential Construction Commission, to the chair and the |
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president and chief executive officer of the San Antonio Housing |
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Authority, and to the mayor of the City of San Antonio. |