1-1 By: Patterson S.B. No. 865 1-2 (In the Senate - Filed February 28, 1997; March 5, 1997, read 1-3 first time and referred to Committee on Economic Development; 1-4 April 11, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 10, Nays 0; April 11, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 865 By: Patterson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to coverage under the Texas Catastrophe Property Insurance 1-11 Association for certain demolition and debris removal expenses. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Article 21.49, Insurance Code, is amended by 1-14 adding Section 8C to read as follows: 1-15 Sec. 8C. COVERAGE FOR DEMOLITION AND DEBRIS REMOVAL. 1-16 (a) The Association may include an endorsement on a policy of 1-17 windstorm and hail insurance issued by the Association to provide 1-18 coverage for the cost of demolition of undamaged portions of real 1-19 property insured under a windstorm and hail policy and the removal 1-20 of associated debris if at least 50 percent of the insured real 1-21 property is destroyed at the time of loss through wind damage, hail 1-22 damage, or wind-driven rain damage. 1-23 (b) Liability limits for demolition and debris removal 1-24 authorized by this section may not exceed $1,000 and may not 1-25 increase the Association's liability under a windstorm and hail 1-26 policy issued under this article beyond limits established under 1-27 Section 8D of this article. The commissioner, after notice and 1-28 hearing, shall provide by rule: 1-29 (1) how, and to whom, the loss payment for coverage 1-30 authorized in this section is to be paid; 1-31 (2) the form and content of the endorsement; 1-32 (3) the rate the Association may charge for coverage 1-33 under the endorsement; 1-34 (4) the geographic location in each designated 1-35 catastrophe area in which real properties are eligible for coverage 1-36 under the endorsement; and 1-37 (5) any other item determined by the commissioner to 1-38 be necessary to implement this section. 1-39 (c) Notwithstanding Article 1.33B of this code, a hearing 1-40 under this section shall be held before the commissioner or the 1-41 commissioner's designee. 1-42 SECTION 2. Section 8C, Article 21.49, Insurance Code, as 1-43 added by this Act, applies only to an insurance policy that is 1-44 delivered, issued for delivery, or renewed on or after January 1, 1-45 1998. A policy that is delivered, issued for delivery, or renewed 1-46 before January 1, 1998, is governed by the law as it existed 1-47 immediately before the effective date of this Act, and that law is 1-48 continued in effect for that purpose. 1-49 SECTION 3. The importance of this legislation and the 1-50 crowded condition of the calendars in both houses create an 1-51 emergency and an imperative public necessity that the 1-52 constitutional rule requiring bills to be read on three several 1-53 days in each house be suspended, and this rule is hereby suspended, 1-54 and that this Act take effect and be in force from and after its 1-55 passage, and it is so enacted. 1-56 * * * * *