Legislative & Regulatory
Texas Association of Builders (TAB) professional government relations staff work year-round to advocate legislative reforms that benefit our industry. Our experienced lobbyists monitor bills and legislative hearings that affect the building industry and work to amend or defeat measures that would adversely impact the industry.
The government relations program is nationally recognized for its innovative programs and legislative successes. Legislation endorsed by the association has been passed which resulted in significant savings to the home building industry and in turn, to the home buying public. The association has routinely defeated a long list of bills potentialy harmful to the industry.
Legislative News
On Tuesday, November 3, there was an election for eleven amendments to the Texas Constitution. Below are brief descriptions and links to the text and history of each proposition that was be on the November ballot.
Please note that TAB only took positions and supported the propositions that affected the residential construction industry.
House Joint Resolution 132 would amend the constitution to authorize the legislature to allow a municipality or a county to issue bonds and notes to finance the purchase of buffer areas or open spaces adjacent to military installations. The buffer areas would be used to prevent encroachment or to construct roadways utilities, or other infrastructure to protect or promote the mission of the military installation. The municipality or county may pledge increases in ad valorem tax revenues for repayment of the bonds or notes.
TAB supports this proposition.
HJR 36-1 (History of HJR 36-1)
"The constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property's value as a residence homestead."House Joint Resolution would amend the constitution to authorize the legislature to provide for the taxation of a residence homestead solely on the basis of the property's value as a residence homestead, regardless of whether the property may have a higher value if it were used for other purposes.
TAB supports this proposition.
Proposition 3 - Passed 65.54%
HJR 36-3 (History of HJR 36-3)
"The constitutional amendment providing for uniform standards and procedures for the appraisal of property for ad valorem tax purposes."House Joint Resolution would amend the constitution to require the legislature to provide for the administration and enforcement of uniform standards and procedures for appraisal of property for ad valorem tax purposes.
TAB supports this proposition.
Proposition 4 - Passed 56.73%
HJR 14-2 (History of HJR 14-2)
"The constitutional amendment establishing the national research university fund to enable emerging research universities in this state to achieve national prominence as major research universities and transferring the balance of the higher education fund to the national research university fund."House Joint Resolution 14 would amend the constitution to establish the national research university fund to provide a source of funding that will enable emerging research universities in this state to develop into major research universities. The amendment would require the legislature to dedicate state revenue to the fund and to transfer the balance of the existing higher education fund to the national research university fund. This amendment would further require the legislature to establish the criteria by which a state university may become eligible to receive and use distributions from the fund.
Proposition 5 - Passed 61.89%
HJR 36-2 (History of HJR 36-2)
"The constitutional amendment authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations."House Joint Resolution 36 would amend the constitution to authorize the legislature to allow for a single appraisal review board for two or more adjoining appraisal entities that elect to provide for consolidated reviews of tax appraisals.
TAB supports this proposition.
Proposition 6 - Passed 65.71%
HJR 116 (History of HJR 116)
"The constitutional amendment authorizing the Veterans' Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized."House Joint Resolution 116 would amend the constitution to authorize the Veterans' Land Board to issue general obligation bonds, subject to certain constitutional limits, for the purpose of selling land and providing home or land mortgage loans to veterans of the state.
TAB supports this proposition.
Proposition 7 - Passed 73.08%
HJR 127 (History of HJR 127)
"The constitutional amendment to allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices."House Joint Resolution 127 would amend the constitution to allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices.
Proposition 8 - Passed 74.83%
HJR 7 (History of HJR 7)
"The constitutional amendment authorizing the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veterans hospitals in this state."House Joint Resolution would amend the constitution to authorize the state to contribute money, property, and other resources for the establishment, maintenance, and operation of veterans’ hospitals in this state.
Proposition 9 - Passed 76.94%
HJR 102 (History of HJR 102)
"The constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward shore of the Gulf of Mexico."House Joint Resolution 102 would define what is a state-owned public beach. The public, individually and collectively, would have an unrestricted right to use and a right of ingress to and egress from a public beach. The amendment would authorize the legislature to enact laws to protect these rights.
Proposition 10 - Passed 73.09%
HJR 85 (History of HJR 85)
"The constitutional amendment to provide that elected members of the governing boards of emergency services districts may serve terms not to exceed four years." House Joint Resolution 85 would amend the constitution to authorize the legislature to provide that members of the governing board of an emergency services district may serve terms not to exceed four years.
House Joint Resolution 14 would amend the constitution to provide that the taking of private property for public use (“eminent domain”) is authorized only if it is for the ownership, use, and enjoyment of the property by the State, its political subdivisions, the public at large, or by entities granted the power of eminent domain, or for the removal of urban blight. The amendment would prohibit the taking of private property for transfer to a private entity for the purpose of economic development or to increase tax revenues. The amendment would also limit the legislature's authority to grant the power of eminent domain in the future unless it is approved by a two-thirds vote of all the members elected to each house.
TAB supports this proposition.
What is a House Joint Resolution? A House Joint Resolution originates in the House of Representatives, requires passage by both chambers and is used to propose amendments to the Texas constitution. Although unlike a bill, a joint resolution does not require action from the governor but must be approved by Texas voters.
Regulatory News
The TAB staff works closely with elected state officials and regulatory agencies in the development and adoption of regulations, codes and standards for housing with the goal of creating safe, quality and common sense construction standards.
The EPA has posted its proposed changes to the 2011 ENERGY STAR for Homes Program.
The changes are a result of the input it received from the first round of the public review and comment process. EPA has opened a second round of public review and comment process through December 16, 2009. To view the proposed revisions, revised quality checklists, EPA's response to the first round of comments, register for an online seminar about the changes or access an online form to submit your comments on the proposed revisions go to http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.nh_2011_comments
The EPA plans to have the final ENERGY STAR 2011 guidelines posted by the first quarter of 2010.
The ENERGY STAR 2011 guidelines will go into effect on January 1, 2011.
The Housing Tax Credit has been expanded and extended
If you’ve been thinking about buying a home, and weren’t eligible for the first-time home buyer tax credit, here’s some good news: the housing tax credit has been expanded and extended.
On Nov. 6, President Obama signed into law the Worker, Homeownership, and Business Assistance Act of 2009, which enables many more Americans to take advantage of new government incentives to buy a home. In fact, the National Association of Home Builders (NAHB) estimates that close to 70 percent of all potential home buyers should now qualify for some form of the housing tax credit.
The new law extends the popular first-time home buyer credit, which more than 1.4 million taxpayers have already claimed, through April 30, 2010. Buyers who have signed a sales contract by that deadline have until June 30 to close on the home. First-time home buyers—who the IRS defines as someone who has not owned a home in the three years preceding the purchase—can qualify for a credit of 10 percent of the cost of the home, up to $8,000.
Existing home owners, or those who recently sold their home, may also now qualify for a tax credit of up to 10 percent of the cost of a new principal residence. This new credit is capped at $6,500. “Repeat” home buyers must have been living in the home they currently own (or previously owned) for five consecutive years out of the eight years prior to buying the new home.
Many buyers in markets with a higher cost of living didn’t qualify for the earlier tax credits due to the income limits. Those have been increased and now single taxpayers with incomes up to $125,000 and married couples earning up to $225,000 may be eligible for a full credit. Home buyers earning up to $20,000 more than the limit may be able to claim a partial credit.
Both first-time and repeat buyer credits can only be used with the purchase of a home that will be the buyer’s principal residence. It cannot be claimed for the purchase of a vacation home or property to be used as a rental. Homes purchased for more than $800,000 are not eligible.
NAHB has created a Web site at www.federalhousingtaxcredit.com to provide information about the housing tax credits. It provides basic information about the first-time and repeat buyer credits, detailed question and answer sections, and links to additional home-buying resources.
The new tax credits, combined with today’s near record-low interest rates and competitive home prices, make it an ideal time to buy if you’ve been considering moving up, downsizing, or just moving into a home more suited to your current lifestyle.
Contact your local home builders association office to find a professional builder in your area. To see the list of offices click here.
