Texas Roofing Regulation Bill Fails Again

Published on May 22, 2019 by https://dfw.cbslocal.com

NORTH TEXAS (CBSDFW.COM) – The latest effort to regulate roofers in Texas has died at the state house.

The legislation would have required roofing contractors to register with the state by providing their name, address and a $250 registration fee. Roofers would also need to pay a renewal fee not exceeding $100.

The bill’s author, Giovanni Capriglione, R-Southlake, said previously that consumers could have used the registry to search for roofing contractors before hiring them.

In addition to a roofer’s name, address, and telephone number, the database would have also published any disciplinary actions against the contractor.

Supporters say they wanted to crack down on crooked workers who flock to Texas after hail storms and hurricanes.

In areas declared a state of disaster by the governor, House Bill 2101 would have called for the issuance of temporary emergency registration at a reduced fee.

Texas is the only gulf state without consumer protections against roofing scams. During the past 10 years, every sizable effort to regulate the roofing industry has died in the legislature.

Here is a full look at how lawmakers voted on House Bill 2101. The Ones For Justice reached out to every representative who voted against the bill for comment.

Yays (33):

Rep. Steve Allison
Rep. Charles “Doc” Anderson
Rep. Trent Ashby
Rep. Dwayne Bohac
Rep. Gina Calanni
Rep. Giovanni Capriglione
Rep. Travis Clardy
Rep. Nicole Collier
Rep. Drew Darby
Rep. Sarah Davis
Rep. Art Fierro
Rep. Dan Flynn
Rep. Roland Gutierrez
Rep. Cole Hefner
Rep. Ana Hernandez
Rep. Justin Holland
Rep. Dan Huberty
Rep. Todd Hunter
Rep. Celia Israel
Rep. Jeff Leach
Rep. J.M. Lozano
Rep. Morgan Meyer
Rep. Terry Meza
Rep. Rick Miller
Rep. Jim Murphy
Rep. Tan Parker
Rep. Ana-Maria Ramos
Rep. John Smithee
Rep. Phil Stephenson
Rep. Ed Thompson
Rep. Armando Walle
Rep. John Wray
Rep. Erin Zweiner

Nays (99):

Rep. Alma Allen
“No comment.”

Rep. Rafael Anchia
No response

Rep. Ernest Bailes
No response

Rep. Michelle Beckley
“While the activities of bad roofing actors are reprehensible and my heart goes out to those who have been negatively impacted by their actions, House Bill 2101 didn’t address real concerns that people have over roofing scams. I was concerned that this bill disproportionately benefits larger roofing companies and squeezes out smaller independent business owners. As a small business owner myself, I want to ensure that everyone is given a fair shot at conducting business. I want to commend Representative Capriglione’s tremendous work in meeting with stakeholders on this complex issue, I look forward to continued efforts and improved legislation next session.”

Rep. Cecil Bell
Awaiting statement

Rep. Keith Bell
No response

Rep. Diego Bernal
No response

Rep. Kyle Biedermann
No response

Rep. Cesar Blanco
No response

Rep. Greg Bonnen
No response

Rep. Rhetta Bowers
No response

Rep. Brad Buckley
No response

Rep. John Bucy III
No response

Rep. DeWayne Burns
No response

Rep. Dustin Burrows
No response

Rep. Angie Button
No response

Rep. Brisco Cain
Rep. Cain commented, “HB 2101 called for the creation of a state database of reputable roofing contractors. Consumer organizations, such as the Better Business Bureau, have already accomplished this goal. Creating a government database is an irresponsible waste of taxpayer resources when a variety of private organizations already provide this service.”

Rep. Terry Canales
No response

Rep. Sheryl Cole
A spokesperson told the Ones For Justice Rep. Cole had concerns about the burdens registration would place on the roofing industry.

Rep. Garnet Coleman said, “I was concerned that the registration requirement was not enough to prevent re-roofing contractors from misrepresenting themselves or defrauding individuals, and the bill would be not be able to achieve its purpose. Thus making it an unnecessary barrier to good actors.”

Rep. Philip Cortez
No response

Rep. Tom Craddick
No response

Rep. John Cyrier
No response

Rep. Yvonne Davis
No response

Rep. Jay Dean
No response

Rep. Joe Deshotel

Rep. Alex Dominguez
No response

Rep. Harold Dutton
No response

Rep. Jessica Farrar
No response

Rep. James Frank
No response

Rep. John Frullo
No response

Rep. Barbara Gervin-Hawkins
No response

Rep. Vikki Goodwin
No response

Rep. Bobby Guerra
No response

Rep. Ryan Guillen
No response

Rep. Sam Harless
No response

Rep. Abel Herrero
No response

Rep. Gina Hinojosa
No response

Rep. Eric Johnson
No response

Rep. Jarvis Johnson
No response

Rep. Julie Johnson
No response

Rep. Kyle Kacal
No response

Rep. Ken King
No response

Rep. Phil King
No response

Rep. Stephanie Klick
No response

Rep. John Kuempel
No response

Rep. Stan Lambert
No response

Rep. Brooks Landgraf
No response

Rep. Mike Lang
No response

Rep. Ben Leman
No response

Rep. Oscar Longoria
No response

Rep. Ray Lopez said, “House Bill 2101 was very limited in scope, applying only to commercial and residential ‘Reroofers.’ This bill intended to provide better legal recourse for consumers. However, it would have created more government, inadvertently passed costs onto Texans, and failed to adequately protect consumers in the long run. House Bill 2101 would have alienated thousands of independent contractors who are trusted by their local communities and whose services are needed year round, especially following weather emergencies. For these reasons, I could not support this legislation.”

Rep. Armando Martinez
No response

Rep. Trey Martinez Fischer
“The floor debate on HB2101 touched on issues that weren’t considered when the bill was in committee. After hearing those concerns on the floor and talking with my colleagues, I no longer believed that the bill was in the best interest of my district.”

Rep. Will Metcalf
No response

Rep. Mayes Middleton
No response

Rep. Ina Minjarez
“No comment.”

Rep. Christina Morales
No response

Rep. Geanie Morrison
Rep. Sergio Munoz
Rep. Andrew Murr

Rep. Victoria Neave

Families and small businesses in our community know how important it is to rebuild after devastating storms. I don’t believe that this proposal to create additional red tape in the roofing industry would have protected consumers. I’m proud to have joined a bipartisan majority of the House to reject this misguided proposal. I will keep fighting to protect consumers.”

Rep. Poncho Nevarez
Rep. Candy Noble
Rep. Tom Oliverson
Rep. Lina Ortega
Rep. Leo Pacheco
Rep. Chris Paddie
Rep. Jared Patterson
Rep. Dennis Paul

Rep. Mary Ann Perez
“I voted against HB 2101 for a couple of reasons. Although the intent was good, I don’t believe the bill would have stopped the problem of fraudulent storm chasers. Instead, it would have isolated an industry and adversely affected small business owners throughout the state, by charging them a new registration fee and imposing them with the risk of civil penalties. After Hurricane Harvey, we learned that many of these deceitful contractors were from out of state, and this piece of legislation didn’t address that issue.”

Rep. Dade Phelan
Rep. Four Price
Rep. John Raney
Rep. Richard Pena Raymond
Rep. Ron Reynolds
Rep. Eddie Rodriguez

Rep. Ramon Romero

In a phone conversation, Rep. Romero, D-Fort Worth, said he adamantly opposed the bill, which he described as “aggressive.”

Romero, a small business owner, said he believed the $250 registration fee and associated costs would ultimately make the price of a roof more expensive for the consumer.

“We don’t have a registry for people who remodel houses or swimming pools,” he said. “As a small business owner, I’m very offended. We never target the bad actors as we should target the bad actor.”

The bill would have required roofers to display their registration number on all advertising and business cards, which Romero argued would create printing costs.

Romero said he would have supported a voluntary registry for roofers to “elevate themselves above bad actors.”

The representative took issue would the fact the bill would prohibit contractors from covering the consumer’s deductible, citing a 1990 Texas Attorney General’s Opinion that upholds the practice.

Romero said he believes such a prohibition would hurt people who need roofing repairs but cannot afford a deductible.

“This needs to be done well,” Romero said. “The author’s understanding of the industry is not adequate.”

Rep. Toni Rose
Rep. Jon Rosenthal
Rep. Matt Schaefer
Rep. J.D. Sheffield
Rep. Carl Sherman
Rep. Hugh Shine
Rep. Reggie Smith
Rep. Drew Springer
Rep. Jonathan Stickland
Rep. Lynn Stucky
Rep. James Talarico
Rep. Shawn Thierry
Rep. Steve Toth
Rep. Chris Turner
Rep. John Turner
Rep. Gary VanDeaver
Rep. James White
Rep. Terry Wilson
Rep. Gene Wu
Rep. Bill Zedler
Rep. John Zerwas

Present, not voting:
Rep. Joe Moody
Speaker Bonnen

Absent:
Rep. Charlie Geren
Rep. Craig Goldman
Rep. Jessica Gonzalez
Rep. Mary Gonzalez
Rep. Cody Harris
Rep. Donna Howard
Rep. Tracy King
Rep. Matt Krause
Rep. Lyle Larson
Rep. Eddie Lucio
Rep. Scott Sanford
Rep. Matt Shaheen
Rep. Valoree Swanson
Rep. Senfronia Thompson
Rep. Tony Tinderholt
Rep. Hubert Vo

Experience, Excellence, and Expertise - Jeff Hunt