By: Munoz H.B. No. 1838
73R6483 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to roofing materials used in structures covered by
1-3 windstorm and hail insurance issued by the Texas Catastrophe
1-4 Property Insurance Association.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 6A(a), Article 21.49, Insurance Code, is
1-7 amended to read as follows:
1-8 (a) Except as otherwise provided by this Subsection, all
1-9 structures that are constructed or repaired or to which additions
1-10 are made on or after January 1, 1988, to be considered insurable
1-11 property for windstorm and hail insurance from the Association,
1-12 must be inspected or approved by the Board for compliance with the
1-13 building specifications in the plan of operation. Roofing
1-14 materials satisfy the building specifications in the plan of
1-15 operation if those materials <pass the UL Standard 997 or a
1-16 comparable test certified by the Board and> are installed as
1-17 required by the Board to promote the wind resistance of the
1-18 materials. A structure constructed, repaired, or to which
1-19 additions were made before January 1, 1988, that is located in an
1-20 area covered at the time by a building code recognized by the
1-21 Association shall be considered an insurable property for windstorm
1-22 and hail insurance from the Association without compliance with the
1-23 inspection or approval requirements of this Section or the plan of
1-24 operation. A structure constructed, repaired, or to which
2-1 additions were made before January 1, 1988, that is located in an
2-2 area not covered by a building code recognized by the Association
2-3 shall be considered an insurable property for windstorm and hail
2-4 insurance from the Association without compliance with the
2-5 inspection or approval requirements of this Section or the plan of
2-6 operation if that structure has been previously insured by a
2-7 licensed insurance company authorized to do business in this State
2-8 and the risk is in essentially the same condition as when
2-9 previously insured, except for normal wear and tear, and without
2-10 any structural change other than a change made according to code.
2-11 Evidence of previous insurance includes a copy of a previous
2-12 policy, copies of cancelled checks or agent's records that show
2-13 payments for previous policies, and a copy of the title to the
2-14 structure or mortgage company records that show previous policies.
2-15 The Board may appoint or employ qualified inspectors as defined in
2-16 this Section to perform any inspections required by this Section.
2-17 SECTION 2. This Act takes effect September 1, 1993, and
2-18 applies only to issuance or renewal of a windstorm and hail
2-19 insurance policy by the Texas Catastrophe Property Insurance
2-20 Association on or after January 1, 1994. An issuance or renewal of
2-21 a policy before January 1, 1994, is governed by the law as it
2-22 existed immediately before the effective date of this Act, and that
2-23 law is continued in effect for that purpose.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.