TWIA and the TRCC. The past failures return to TWIA

October 17, 2014

In 2003 the Texas Legislature caved to the home builders of Texas and created the Texas Residential Construction Commission. (TRCC) The Commission was supposedly designed to protect homeowners with construction defects  yet just 6 years later the Texas Sunset Commission called for its abolishment. From the Sunset Report:

This recommendation would abolish the Texas Residential Construction Commission as an independent agency and repeal the Texas Residential Construction Commission Act (TRCCA). 


The Commission was so flawed even lobbying by Bob Perry, the home builder and owner of the Republican Party at the time, could not save it. It died.

Unfortunately the Texas Windstorm Insurance Association has adopted one of the most worthless parts of the TRCC, the Alternative Dispute Resolution Process. This process which was advertised as the shining star of the TRCC requires homeowners to submit to a lengthy process of inspections, boards, and appeals before filing a suit in court. The supporters of this claim it will help homeowners get their homes fixed in a timely manner instead of having to get an attorney and file a suit. Here is the process defined in a report by TWIA



That is exactly what they said about the TRCC and it failed miserably. The process is complicated requiring the help of an attorney. The process is lengthy which will drag on the complaint, by design. And the consequences of not following the process could severely limit your settlement. Instead of demanding that TWIA pay claims, the Texas Teabaggers just simply made it harder for homeowners to sue.

At least they gave the homeowners the right to sell their Constitutional right to a trial by jury for a few dollars. Arbitration is the 21th Century version of snake oil. It is a private, secret, justice system that will require legal representation and additional costs to the homeowner. It is a suckers court. According to the new rules of TWIA:

TWIA may offer a premium discount or credit against a surcharge not to exceed 10 percent of the premium, if a person elects to purchase a binding arbitration endorsement.

So to save a few dollars homeowners can now get screwed twice. Nice.


Tonight: The Rising Cost of Home Insurance in the Bay Area

September 18, 2014

If you have nothing better to do but wonder why your home insurance premiums have skyrocketed over the last decade after insurance reforms of 2003, come on by for a discussion on the topic. From the Bay Area Association of Democratic Women:

The Rising Cost of Home Insurance is Focus of BAAD Women Meeting on Sept. 18 

“John Cobarruvias, a consumer activist in the areas of new home construction and home insurance, will be the featured speaker at the BAAD (Bay Area Association of Democratic) Women meeting on Thursday, September 18. He will share his experiences as an activist and discuss the high cost of home insurance in the Bay Area, the history of home insurance reform and the actions of the Texas Windstorm Association (TWIA).” 

It all happens at the Bay Area Community Center in Clear Lake Park, located at 5002 NASA Parkway (across the street from lake) in Seabrook. The meeting, which is free and open to the public, begins with light refreshments at 6:30 p.m. followed by the program at 7 p.m.


The Tea Party fracking water crisis in Pappy Elkins Lake

August 31, 2014

Candidate for Railroad Commissioner, Steve Brown, visited Pappy Elkins Lake near Arlington.

This lake has been completely decimated due to nearby hydraulic fracturing and the lingering drought. The lake’s water once covered the small island in its center. Residents were further alarmed this week to find many dead fish floating on top of that lake. What’s worse, the local government there has not kept track of just how much water from the lake has been used for drilling purposes.

Here is a picture of the lake from late 2007:

And here is the lake in 2013:



Dallas Business News has more:

XTO, which is owned by Exxon Mobil, denies that it took 1.4 million gallons more water than it was permitted for. Its permit allowed for the removal of about 3.3 million gallons of water over 12 months between December 2009 and 2010; in turn, the city would pump however much water XTO used back into the lake from a city well.

Steve Brown is onto something. This drought and fracking situation has been neglected by the Tea Party for a decade requiring a raiding of the Rainy Day Fund due to lack of rain and lack of planning. The Rainy Day Fund was not created to cover mismanagement. It required a vote by Texas citizens in order to allocate funds for this purpose. 

It is not the first time they have neglected a situation then came riding on a white horse to fix the problem. It is called “planning by emergency”. Any idiot can make a plan after an emergency arises. 
It takes leadership to prevent the emergency in the first place.

The Texas Department of Insurance Companies (T-DICS)

July 30, 2014

The Texas Department of Insurance should be renamed to the Texas Department of Insurance Companies (Texas-DICS). They department as a whole (not the individuals working there) are as impotent as the Texas Ethics Commission, unable to do the job they were designed to do in the first place, protect the consumer. From Paul Burka of Texas Monthly:

As for the question of whether TDI is an ally of the insurance industry or an ally of consumers, the facts speak for themselves.

Burka was talking specifically about the 75% rate hike for long term health insurance, a hike the DICS eagerly approved. Ever since Rick Perry’s insurance reform of 2003 property rates have skyrocketed especially along the coastal areas. Under the banner of “less regulation”, TDI can only watch as the industry continues to raise premiums and the Texas Windstorm Insurance Association continues to drown in debt. Much like the Texas Ethics Commission, they have become a paper tiger, a wet noodle, a worthless gathering of talented people willing, but unable, to do the work of the people. This is all by design.

Luckily for the insurance industry, most Texans are more concerned about their taxex going up $10/year than their mortgage going up $100/month due to a rise in home insurance. Texans tend to be easily distracted.


No Jail. No Bail. No Permanent Record.

July 25, 2014
From the Houston Chronicle

Democratic nominee for Harris County District Attorney, Kim Ogg, will have a press conference today (copied below) to outline her vision for the District Attorney’s office including the future of misdemeanor marijuana prosecution.

If you have ever been a member of a grand jury in Harris County this one issue might be of interest. Marijuana possession is illegal. No one disputes that, but many question taking six police officers off the street to book an individual with a joint. Or putting an extra burden on our jail system. Or flooding a grand jury with cases of possession of trace amounts of weed, reefer, MJ. There has to be a better way.

No Jail. No Bail. No Permanent Record. This sounds promising. If someone is not endangering others, but are in possession of a small amount of weed, they should be held accountable, but we shouldn’t be punished for it also. A heavy fine and enough probation to make someone want to wait till marijuana is legal sounds like a better way to handle these issues, although I do not know the specifics of her proposal. It should be discussed at her press conference.

For Immediate Release

Press Conference — Kim Ogg for Harris County District Attorney
Contact: @kimoggforda & @harriscountyyd
Date:  TodayFriday, July 25, 2014
Time:  10:00 am
Place: Jury Assembly Plaza (public area directly across from the Harris County Criminal Justice Center – 1201 Franklin)

What:  Kim Ogg will detail her vision and plan to begin changing the direction of criminal justice in Harris County by introducing the G.R.A.C.E. (Government Resource Allocation/Criminal Exemption) Program –the future of misdemeanor marijuana prosecution in Harris County:  “No Jail.  No Bail.  No Permanent Record.”


Before you buy AT&T's Mobile Share Value Plan

July 7, 2014

AT&T has been advertising a new mobile plan. You might want to read the fine print before signing up.

The plan allows 4 phones to share 10GBs of data, unlimited calls and texts for $160/month which is a pretty good deal. In the past once you signed up for a plan under AT&T you could upgrade your phones periodically at a discounted rate if you sign a 2 year commitment. With this new plan, the commitment by AT&T to provide the discount is gone.

Turns out AT&T still requires the two year upgrade, but you pay $25/month more for the phone. So your $160/month can easily turn into a $260/month for 4 phones. I’ve been with AT&T before it was called AT&T. This is the first time I found them to be deceiving, less than truthful. It was always very easy to upgrade and there wasn’t any fine print. Now you need reading glasses.

So after the $160/month plan and upgrading your phones, the plan is just as expensive as it was before. 

Others have noticed this gimmick and many have complained on the AT&T forums. Duglin.net has a detailed review:

What AT&T doesn’t clearly explain in their advertising is that the monthly discount for each phone no longer applies once you upgrade to a new phone by renewing your contract and buying a subsidized phone.


The Ike Dike Tax Hike

June 5, 2014

A $12Billion “Ike Dike” is being proposed by local businesses for the Galveston area. Guess who is going to pay for it? From KHOU:

http://swfs.bimvid.com/player-3.2.15.swf
According to the newly formed “Bay Area Coastal Protection Alliance” the Dike would cost taxpayers $6B, which in real world terms is about $12B and will be built within 2 years. (yea, right) There is no argument, hurricanes cause a tremendous amount of damage, but you have to wonder if a dike is needed in Galveston, then will we need one for the Port of Houston? And the Corpus area? New York? The State of Florida?

And who will pay for that? I think the Ike Dike Tax Hike Alliance is going to have a very difficult sell on their hands. I am sure if it is built all the savings the insurance industry will reap will flow down to the policy holders.


Texas new law requires coastal residents to bailout TWIA

June 2, 2014

This is almost funny.

After a decade of “reforms” of the insurance industry, the Texas Windstorm Insurance Association is on the brink of financial ruin. Prior to 2003 TWIA covered only 6% of the coastal areas, a truly last resort insurance option. Today they cover over 70% becoming the only resort for most home owners. And now after massive failure, the Texas Legislature passed a bill that allows TWIA to pass a surcharge to those in the coastal areas to bail out TWIA. From the Brownsville Herald:

The updated rules provide for a surcharge on auto and property insurance policies to help pay for claims if TWIA reserves are exhausted and if the first level of “post-event” bonds issued aren’t sufficient to cover claims.

So after a decade of promises of lower rates, better coverage, and lower premiums, the people along the coast, who voted for the people who made these promises, are now going to be the people who pay for it. The only thing they have left is to laugh at themselves for being such incredible, gullible, fools and for doing nothing about it.

So if you want to blame someone, blame yourself. If you want to complain, contact your State Representative, John Davis. He will be retiring and paying his insurance bill with your tax dollars. Your State Senator, Larry Taylor, owns an insurance agency and sells TWIA policies. You will be bailing him out also.

It’s almost funny.


Evaluating TXU's Texas Choice 12 Plan

April 13, 2014

Electricity prices are not very easy to compare, almost impossible. Recently I evaluated the claims by Reliant Energy’s “Sweet Deal” plan. Here is an evaluation of TXU’s “Texas Choice 12“. The bottom line is that Texans should choose a different provider.

First this plan is advertised at 12.90 a kWh, a 3% cash back, and a $150 cancellation fee. Unfortunately that rate is for usage of 2000+ kWh per month. Most individuals would never reach that threshold to qualify for this rates. The rate for using between 1000 and 2000 is 13.60, which is what I used for my calculations. They also have a $4.95 monthly fee for the “privilege” of being charged for electricity. And don’t forget if you conserve energy and use less than 500 kWh per month, the charge is an outrageous 15 cents! From TXU’s website:

Average Monthly Use Average Price per kWh
500 kWh 15.00 ¢
1000 kWh 13.60 ¢
2000 kWh 12.90 ¢

Based upon all of the above and my usage over the last year the bottom line is $1541.60 for the entire year with an average of  13 cents a kWh. That includes the whopping $38 cash back for the entire year.

I would rate this TXU Energy Texas Choice 12 Plan nothing more than a gimmick. Look elsewhere. There are much better deals. I went with PennyWise, but there are no guarantees the same plan exists today.

Now, how is that electricity deregulation ushered in by Enron doing for you?


Exploration Green Groundbreaking Celebration in Clear Lake.

March 29, 2014

The old Clear Lake Golf Course is becoming the new Exploration Green Park. Visit www.explorationgreen.org for more information and come out to see what the “old golf course” is going to  become!