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STORY: HADD, Homeowners Against Deficient Dwellings, a consumer lobby group for home builder accountability, is worried about a bill due for a vote in the Texas Senate next week. In HADD's words, Senate Bill 383 will "strip what little remaining protection homeowners have when dealing with an expensive construction defect." But lawmakers supporting the legislation say this is nonsense. The Senate's companion bill, House Bill 730, made it through the Texas State House of Representatives last week, and co-author, State Representative from Fort Worth, Republican Phil King, explains its intent: "Part of the problem is that we do not have state-wide building standards, and more importantly than that is that we do not have state wide performance standards. We have acuity codes, which say 'here's how a foundation is supposed to be built when a home if first constructed,' but we don't have anything that says 'hey, here's how this foundation or this roof or this electrical ought to be performing ten years down the line, five years down the line, etcetera." But spokesperson for Homeowner's Against Deficient Dwellings, John Cobarruvias, says the legislation has been heavily influenced by the lobbying efforts of Texas' homebuilders. He says the standards need to be more defined: "His process is not-binding. And you look at this. Yes, they are trying to come up with standards. All right. What standards? 'Well, we haven't made them up yet.' So you want us to approve a bill based on standards you haven't made up." Critics of the legislation contend both versions of the bill limit home owner warranties and create a mandatory arbitration system that favor home builders during legal conflicts. State Representative King, admits that the implied warranty on good workmanship provided to Texas homeowners since 1968 is being eliminated under the new legislation: "There is a cause of action that is court created, called an Implied Warrant of Habitability. Which is very vague, and interpreted different from court to court. That has ended, they can no longer bring a suit under that cause of action for construction defects, but they still have all the fraud actions, the breach of contract actions, everything is still out there." Groups like Texans for Builder Reform and HADD also contend that Texas lawmakers failed to include public comment on the issue. And without the proper consumer input, HADD president, Cobarruvias does not understand why legislators are so hard pressed to pass the legislation during this session. "You know, what is the problem? Let's have hearings and then we can find a solution. I look at this bill, and their solution is just a definition of the problem. It doesn't help anybody. Except the builders." The bill, due to be voted in the Senate next week, will create a new state commission, the Texas Residential Construction Commission, which will be made up of a nine-member state commissioners appointed by the governor. The primary purpose will be to oversee the new building standards. Jackson Allers, KPFT News, Houston. E-mail Jackson Allers at jacksonallers@hotmail.com . This story was broadcast on May 9, 2003.