CPC C.S.H.B. 3578 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.H.B. 3578
By: Seaman
5-6-97
Committee Report (Substituted)



BACKGROUND 

For several years, the Texas Department of Insurance has been trying to
implement a new building code for the Texas Gulf Coast.  After several
drafts and public hearings, no compromise has been reached on a new code.
Some builders argue that the Texas Department of Insurance has not heard
the concerns they have over the need of a new code, disputes over local
codes which are already more stringent, and whether a new code would
prevent the building of affordable housing along the coast.  The Texas
Department of Insurance has since proposed a new code which it plans to
implement in June 1997 and will be effective in June 1998.    

PURPOSE

CSHB 3578 will allow for a two year period in which further research, data
collection, and tests could be conducted to determine the need and
necessary provisions of a new building code for the Texas Coast.  The bill
would also create an interim committee to analyze the effects of
implementing a new building code for first tier coastal counties. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  APPLICATION. States that this Act applies to first tier
coastal counties as defined by Section 3, Article 21.49, Insurance Code.   

SECTION 2.  EXEMPTION. 

 (a) Provides that a building code adopted on or after January 1, 1997,
does not apply to a county subject to this Act.   

 (b) Defines "building code". 

SECTION 3.  INTERIM SELECT COMMITTEE. 

 (a) Creates an interim select committee to analyze the effects of
implementing a new building code.  

 (b)  Provides that the Governor shall appoint the members of the interim
committee which will be composed of seven members and include:  one
representative of the residential building industry from a first tier
coastal county; one registered professional engineer who designs homes in
first tier counties; one representative of the commissioner of Insurance;
one representative of a national code organization; one representative of
consumers who resides in a catastrophe area; one representative of the
Texas Catastrophe Property Insurance Association; and one municipal
building code official from a municipality located in a first tier coastal
county. 

 (c) Provides that members of the select committee shall elect a member to
serve as  presiding officer of the committee.  The select committee shall
meet at the call of the presiding officer at least monthly. 

 (d) Provides that a member of the select committee is not entitled to
compensation or reimbursement for expenses. 

 (e)  The select committee shall submit a report with conclusions and
recommendations to the Governor, Lieutenant Governor, and the Speaker
before December 31, 1997. 

 (f)  States that this section expires and the select interim committee is
abolished as of January 1, 1998.       

SECTION 4.  EXPIRATION. This act expires on May 31, 1998.

SECTION 5.  EMERGENCY. Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 3578 states that this Act applies to first tier coastal counties as
defined by Section 3, Article 21.49, Insurance Code.  The original
legislation did not contain this provision. 

CSHB 3578 provides that a building code adopted on or after January 1,
1997, does not apply to a county subject to this Act and defines "building
code".  The original legislation did not contain these provisions. 

CSHB 3578 Creates an interim select committee to analyze the effects of
implementing a new building code.  Provides that the Governor shall
appoint the members of the interim committee which will be composed of
seven members.  Provides that members of the select committee shall elect
a member to serve as presiding officer of the committee.  The select
committee shall meet at the call of the presiding officer at least
monthly.  Provides that a member of the select committee is not entitled
to compensation or reimbursement for expenses.  The select committee shall
submit a report with conclusions and recommendations to the Governor,
Lieutenant Governor, and the Speaker before December 31, 1997.  States
that this section expires and the select interim committee is abolished as
of January 1, 1998.  The original legislation did not contain these
provisions. 

CSHB 3578 states that this act expires on May 31, 1998.  The original
legislation did not contain this provision.