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.