75R13903 PB-D                           

         By Seaman, Berlanga, Luna, Stiles, Eiland             H.B. No. 3578

         Substitute the following for H.B. No. 3578:

         By Bosse                                          C.S.H.B. No. 3578

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to building codes affecting certain coastal counties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  APPLICATION.  This Act applies only to a first

 1-5     tier coastal county, as defined by Section 3, Article 21.49,

 1-6     Insurance Code.

 1-7           SECTION 2.  EXEMPTION.  (a)  Notwithstanding any law to the

 1-8     contrary, a building code adopted on or after January 1, 1997, does

 1-9     not apply to a county subject to this Act.

1-10           (b)  For purposes of this Act, "building code" means any new

1-11     building standard, specification, interpretation, or guideline

1-12     adopted or issued by the commissioner of insurance or the Texas

1-13     Department of Insurance on or after January 1, 1997, that must be

1-14     met before any new residential construction qualifies for a

1-15     certificate of compliance that is evidence of insurability of the

1-16     structure by the Texas Catastrophe Property Insurance Association.

1-17           SECTION 3.  INTERIM SELECT COMMITTEE.  (a)  The interim

1-18     select committee on coastal building codes is established to:

1-19                 (1)  analyze the additional expenses that consumers may

1-20     incur because of the implementation of any new building code and to

1-21     contrast those expenses to any reduction of risk resulting to

1-22     insurers in the voluntary market or the Texas Catastrophe Property

1-23     Insurance Association and any potential for reduced insurance

1-24     premiums resulting from the implementation of the building code;

 2-1                 (2)  study the relationship between municipal building

 2-2     codes and building codes adopted by the Texas Department of

 2-3     Insurance or the commissioner of insurance;

 2-4                 (3)  provide options and recommendations for existing

 2-5     building codes adopted by the Texas Department of Insurance or the

 2-6     commissioner of insurance;

 2-7                 (4)  recommend methods to assist and educate

 2-8     individuals about changes to building codes adopted by the Texas

 2-9     Department of Insurance or the commissioner of insurance; and

2-10                 (5)  conduct any appropriate studies related to

2-11     building codes in first tier coastal counties.

2-12           (b)  Not later than the 30th day after the effective date of

2-13     this Act, the governor shall appoint the members of the select

2-14     committee.  The committee shall be composed of 11 members as

2-15     follows:

2-16                 (1)  three representatives of the residential building

2-17     industry from first tier coastal counties;

2-18                 (2)  one registered professional engineer who regularly

2-19     designs homes in first tier coastal counties;

2-20                 (3)  one representative of the commissioner of

2-21     insurance;

2-22                 (4)  one representative of a national code

2-23     organization;

2-24                 (5)  one representative of consumers who resides in a

2-25     first tier coastal county;

2-26                 (6)  one representative of the Texas Catastrophe

2-27     Property Insurance Association;

 3-1                 (7)  one representative of the lumber and building

 3-2     supply industry who resides in a first tier coastal county;

 3-3                 (8)  one city manager or assistant city manager from a

 3-4     municipality located in a first tier coastal county; and

 3-5                 (9)  one municipal building code official from a

 3-6     municipality located in a first tier coastal county.

 3-7           (c)  The members of the select committee shall elect a member

 3-8     to serve as presiding officer of the committee.  The select

 3-9     committee shall meet at the call of the presiding officer at least

3-10     monthly.

3-11           (d)  A member of the select committee is not entitled to

3-12     compensation or reimbursement for expenses.

3-13           (e)  Not later than December 31, 1997, the select committee

3-14     shall submit to the governor, the lieutenant governor, the speaker

3-15     of the house of representatives, the commissioner of insurance, and

3-16     the windstorm advisory committee of the Texas Department of

3-17     Insurance a report that contains the  select committee's

3-18     conclusions and recommendations regarding any building code to be

3-19     adopted by the commissioner of insurance for use in the first tier

3-20     coastal counties.

3-21           (f)  This section expires, and the interim select committee

3-22     is abolished, January 1, 1998.

3-23           SECTION 4.  EXPIRATION.  This Act expires May 31, 1998.

3-24           SECTION 5.  EMERGENCY.  The importance of this legislation

3-25     and the crowded condition of the calendars in both houses create an

3-26     emergency and an imperative public necessity that the

3-27     constitutional rule requiring bills to be read on three several

 4-1     days in each house be suspended, and this rule is hereby suspended,

 4-2     and that this Act take effect and be in force from and after its

 4-3     passage, and it is so enacted.