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.