State and Local Reporter - 05/19/2005 (Plain Text Version)

Barry Rutenberg, Chair
Gainesville, Florida

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In this issue:
Oregon’s Measure 37: Breaking New Ground on Property Rights
North Dakota Is 25th State to Enact NOR Law — Missouri , New Hampshire and Oklahoma Pending
Wisconsin Developers/Department of Natural Resources Agree on Superior Environmental Performance
New Roadless Rule Lets States Choose Forest Protection
Dallas HBA Defeats Anti-Builder Charter Amendments
Supreme Court Clarifies Constitutional Property Rights in Lingle V. Chevron
Key Endangered Species Rules Revised in Florida
Industry News form California, Colorado, Georgia, Florida and Arizona
2005 SLGA Conference: Everything You Need to Reserve Your Spot in Phoenix
NAHB Funds Help Builders, Associations Across the Country
Texas, Illinois Consider Anti-Competition Legislation

Dallas HBA Defeats Anti-Builder Charter Amendments

Builders in Frisco, Texas, a bustling suburb of Dallas, recently faced down and defeated two proposed charter amendments that appeared on the May 7th ballot. The changes, had they passed, would have brought home building in the city to an abrupt halt.

The first proposed amendment would have required all Frisco homebuilders, before receiving a building permit, to post a $250,000 surety bond for one home, or up to $2 million for multiple homes, to cover any housing related defects. The restrictive bond would have been the first of its kind in the nation.

The second amendment sought to require builders to file disclosure forms with the city, a step that would have undoubtedly led to the creation of a new layer of bureaucracy. Builders would have been forced to provide documents beyond their domain and the amendment would also have empowered the city to issue stop-building permits if the builder failed to comply.

The HBA of Greater Dallas joined with various political leaders and business groups to counter the charter changes through a coalition named Citizen’s United for Frisco’s Future, or CUFFF, with NAHB's State & Local Political Operations team providing consulting services.

Enlisting the aid of a former city council member and two former mayors, the coalition waged a 45-day media campaign to educate voters. Unlike many states, Texas allows voters to cast their ballots two weeks early at convenient locations like libraries and recreation centers, and election day is held on a Saturday. The group needed to wage two campaigns - one targeting early voters and the other reaching out to election day voters.

The coalition carefully researched the issues and countered the opposition with strong facts. The research revealed that sixteen leading bond agencies in Texas all stated that the type of surety bonds required by the amendment did not even exist. While the disclosure amendment, according to the city manager, would have cost the city at least $1 million each year to implement, and would have required as many as 6 or more city employees for oversight and management.

With the facts on their side and with an aggressive grassroots and media campaign, both amendments were overwhelmingly defeated. With nearly 5,500 votes cast, the surety bond proposition lost 92% to 8%, while the disclosure proposition was soundly defeated, 85% to 15%.

Why such a lopsided defeat for both propositions? Robert Pavlis, president of the HBA of Greater Dallas believes that, “even though the opposition gathered 4,600 signatures to get the measures on the ballot, their campaign was never based on facts. There were many unanswered questions about the amendments. The fact was these measures would have not only hurt builders but the whole community.”

NAHB is available to provide political consulting assistance to state and local associations to battle ballot measures. For staff assistance regarding this story or services, contact Daniel Quinonez, at 800-368-5242 x8585 or Ashley Geyer, at 800-368-5242 x8126.