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.