By Seaman H.B. No. 1499
76R6441 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and operation of the Windstorm Building
1-3 Code Advisory Committee on Specifications and Maintenance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 21.49, Insurance Code, is amended by
1-6 adding Section 6C to read as follows:
1-7 Sec. 6C. ADVISORY COMMITTEE ON BUILDING CODE SPECIFICATIONS
1-8 AND MAINTENANCE. (a) In this section, "advisory committee" means
1-9 the Windstorm Building Code Advisory Committee on Specifications
1-10 and Maintenance.
1-11 (b) The Windstorm Building Code Advisory Committee on
1-12 Specifications and Maintenance is established as an advisory
1-13 committee to the commissioner to advise and make recommendations to
1-14 the commissioner on building code specifications and maintenance
1-15 regarding the plan of operation.
1-16 (c) The advisory committee is composed of nine members
1-17 appointed by the commissioner without regard to the race, color,
1-18 disability, sex, religion, age, or national origin of the
1-19 appointee. The commissioner or the commissioner's designated
1-20 representative shall serve as an ex-officio, nonvoting member of
1-21 the advisory committee. The voting members of the advisory
1-22 committee shall be appointed as follows:
1-23 (1) three members must be representatives of the
1-24 building industry who reside in designated catastrophe areas, two
2-1 of whom are residential builders;
2-2 (2) three members must be representatives of the
2-3 insurance industry, one of whom is a member of the board of
2-4 directors of the Association; and
2-5 (3) three members must be representatives of the
2-6 public who reside in a designated catastrophe area, one of whom is
2-7 a professional engineer licensed in this state.
2-8 (d) A member of the advisory committee serves a three-year
2-9 term. A member of the advisory committee is not entitled to
2-10 compensation but is entitled to reimbursement for actual and
2-11 necessary expenses incurred in performing duties as an advisory
2-12 committee member, subject to any applicable limitation on
2-13 reimbursement provided by the General Appropriations Act.
2-14 (e) The advisory committee shall elect a presiding officer
2-15 from its members. The advisory committee shall meet at the call of
2-16 the presiding officer but at least three times each year. The
2-17 advisory committee shall publish the date and location of the
2-18 meeting not later than the 45th day before the date on which the
2-19 meeting is scheduled to occur. The commissioner or the
2-20 commissioner's designee must be present at each meeting of the
2-21 advisory committee.
2-22 (f) The advisory committee shall analyze and make
2-23 recommendations for changes regarding the building code
2-24 specifications adopted by the commissioner in the plan of
2-25 operation. In making recommendations, the advisory committee shall
2-26 consider technological developments in building products and
2-27 windstorm research and shall seek to balance the concerns of all
3-1 affected parties, including consumers, builders, and the
3-2 Association.
3-3 (g) A person may submit to the advisory committee and to the
3-4 commissioner a proposal for a change in an applicable building code
3-5 specification. Each proposal must be submitted separately in
3-6 writing and must contain:
3-7 (1) the name, title, mailing address, and telephone
3-8 number of the proponent, if an individual, or, if the proponent is
3-9 a group or organization, the name of the group or organization and
3-10 the name, title, mailing address, and telephone number of the
3-11 director of the group or organization;
3-12 (2) a citation of the building code section regarding
3-13 that specification, as published in the latest edition of that
3-14 code;
3-15 (3) the text of the proposed change, with deletions
3-16 from current code language struck through with a single line and
3-17 new language underlined; and
3-18 (4) a statement of the purpose of the proposed change,
3-19 with supporting information.
3-20 (h) The commissioner by rule shall adopt a form to be used
3-21 by a person in presenting a proposal for a change in an applicable
3-22 building code specification to the advisory committee.
3-23 (i) Each proponent shall submit the proposal to the advisory
3-24 committee and the commissioner not later than the 30th day before
3-25 the date of the scheduled advisory committee meeting at which the
3-26 person intends to propose the change. A proposal that does not
3-27 comply with the requirements adopted under this section and is not
4-1 submitted in a timely manner may not be considered at that
4-2 scheduled meeting unless the proposal is approved by the
4-3 commissioner.
4-4 (j) The department shall review each proposal submitted and
4-5 shall make recommendations to the advisory committee regarding
4-6 each proposal. The department shall also provide to the advisory
4-7 committee any technical information requested by the advisory
4-8 committee.
4-9 (k) At an advisory committee meeting, any interested person
4-10 may present the person's views on a proposal for a change in an
4-11 applicable building code specification that is included on the
4-12 advisory committee's published agenda. The advisory committee
4-13 shall consider each comment presented in its action on the
4-14 disposition of each proposal. Any person participating in the
4-15 meeting may submit modifications to the proposal from the floor.
4-16 (l) After consideration of a proposal for a change in an
4-17 applicable building code specification, the advisory committee by
4-18 vote shall:
4-19 (1) approve the proposal as initially submitted and
4-20 recommend that the commissioner adopt the proposal;
4-21 (2) approve the proposal with modifications and
4-22 recommend that the commissioner adopt the modified proposal;
4-23 (3) disapprove the proposal; or
4-24 (4) suspend consideration of the proposal and request
4-25 additional evaluation and study of the proposal.
4-26 (m) The advisory committee shall submit each proposal
4-27 approved by the advisory committee to the commissioner. The
5-1 commissioner by rule may adopt a proposal by amending the plan of
5-2 operation and, in amending the plan, may adopt a specification by
5-3 reference. The commissioner shall notify the advisory committee of
5-4 the acceptance or rejection of a proposal approved by the advisory
5-5 committee not later than the 45th day after the date of receipt by
5-6 the commissioner of the proposal as approved by the advisory
5-7 committee.
5-8 SECTION 2. Section 6A(f), Article 21.49, Insurance Code, is
5-9 repealed.
5-10 SECTION 3. (a) This Act takes effect immediately, except
5-11 that Section 2 of this Act takes effect September 1, 1999.
5-12 (b) The advisory committee established under Section 6A(f),
5-13 Article 21.49, Insurance Code, as that section existed before
5-14 repeal by this Act, is abolished effective August 31, 1999.
5-15 (c) The members of the Windstorm Building Code Advisory
5-16 Committee on Specifications and Maintenance created under Section
5-17 6C, Article 21.49, Insurance Code, as added by this Act, shall be
5-18 appointed not later than September 1, 1999.
5-19 SECTION 4. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended,
5-24 and that this Act take effect and be in force according to its
5-25 terms, and it is so enacted.