By Uher H.B. No. 1540 76R6314 PB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation and operation of the Windstorm Code 1-3 Maintenance Committee. 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 CODES. (a) In this 1-8 section, "maintenance committee" means the Windstorm Code 1-9 Maintenance Committee. 1-10 (b) The Windstorm Code Maintenance Committee is established 1-11 as an advisory committee to the commissioner. The maintenance 1-12 committee is composed of nine members appointed without regard to 1-13 the race, color, disability, sex, religion, age, or national origin 1-14 of the appointee. The commissioner shall appoint six members of 1-15 the maintenance committee, three of whom shall be builders who 1-16 build primarily in the first tier coastal counties or in designated 1-17 catastrophe areas and three of whom shall be representatives of the 1-18 insurance industry. The remaining members shall be appointed by 1-19 the governor and shall represent the public. A public member of 1-20 the maintenance committee must reside in a first tier coastal 1-21 county or in a designated catastrophe area. 1-22 (c) A member of the maintenance committee serves a 1-23 three-year term. A member of the maintenance committee is not 1-24 entitled to compensation but is entitled to reimbursement for 2-1 actual and necessary expenses incurred in performing duties as a 2-2 maintenance committee member, subject to any applicable limitation 2-3 on reimbursement provided by the General Appropriations Act. 2-4 (d) The maintenance committee shall elect a presiding 2-5 officer from its members. The maintenance committee shall meet at 2-6 the call of the presiding officer, but at least three times each 2-7 year. The maintenance committee shall publish the date and 2-8 location of the meeting not later than the 45th day before the date 2-9 on which the meeting is scheduled to occur. 2-10 (e) The maintenance committee shall analyze and make 2-11 recommendations for changes regarding the building codes recognized 2-12 by the Association that regulate the construction of windstorm 2-13 resistant structures, including the Windstorm Resistant 2-14 Construction Guide. The maintenance committee shall emphasize 2-15 making the codes workable for builders and shall consider 2-16 technological developments in building products and windstorm 2-17 research. 2-18 (f) The department shall provide staff support to the 2-19 maintenance committee. The maintenance committee may select and 2-20 use other advisors in administering its duties under this section. 2-21 (g) The maintenance committee is not subject to Chapter 2-22 2110, Government Code. 2-23 (h) A person may submit to the maintenance committee a 2-24 proposal for a change in an applicable building code. Each 2-25 proposal must be submitted separately in writing and must contain: 2-26 (1) the name, title, mailing address, and telephone 2-27 number of the proponent, if an individual, or, if the proponent is 3-1 a group or organization, the name of the group or organization and 3-2 the name, title, mailing address, and telephone number of the 3-3 director of the group or organization; 3-4 (2) a citation of the applicable building code section 3-5 as published in the latest edition of that code; 3-6 (3) the text of the proposed change, with deletions 3-7 from current code language struck through with a single line and 3-8 new language underlined; and 3-9 (4) a statement of the purpose of the proposed change, 3-10 with supporting information. 3-11 (i) The commissioner by rule shall adopt a form to be used 3-12 by a person in presenting a proposal for a change in an applicable 3-13 building code to the maintenance committee. Each proponent shall 3-14 submit the proposal to the department not later than the 14th day 3-15 before the date of the scheduled maintenance committee meeting at 3-16 which the person intends to propose the change. The department 3-17 shall review each proposal submitted and shall make any necessary 3-18 technical corrections and provide to the maintenance committee any 3-19 necessary engineering information, computations, or tables. 3-20 (j) At the maintenance committee meeting, any interested 3-21 person may present the person's views on a proposal for a change in 3-22 an applicable building code that is included on the maintenance 3-23 committee's published agenda. The maintenance committee shall 3-24 consider each comment presented in its action on the disposition of 3-25 each proposal. Any person participating in the meeting may submit 3-26 modifications to the proposal from the floor. 3-27 (k) After consideration of a proposal for a change in an 4-1 applicable building code, the maintenance committee by vote shall: 4-2 (1) approve the proposal as initially submitted and 4-3 recommend that the commissioner adopt the proposal; 4-4 (2) approve the proposal with modifications and 4-5 recommend that the commissioner adopt the modified proposal; 4-6 (3) disapprove the proposal; or 4-7 (4) suspend consideration of the proposal and request 4-8 additional evaluation and study of the proposal. 4-9 (l) The maintenance committee shall submit each proposal 4-10 approved by the maintenance committee to the commissioner. The 4-11 commissioner by rule shall adopt an expedited process for 4-12 considering a proposed change to an applicable building code and 4-13 may by rule adopt a proposal approved by the maintenance committee. 4-14 SECTION 2. Section 6A(f), Article 21.49, Insurance Code, is 4-15 repealed. 4-16 SECTION 3. (a) This Act takes effect September 1, 1999, 4-17 except that Section 2 of this Act takes effect December 31, 1999. 4-18 (b) The advisory committee established under Section 6A(f), 4-19 Article 21.49, Insurance Code, as that section existed before 4-20 repeal by this Act, is abolished effective December 31, 1999. 4-21 (c) The members of the Windstorm Code Maintenance Committee 4-22 created under Section 6C, Article 21.49, Insurance Code, as added 4-23 by this Act, shall be appointed not later than December 31, 1999. 4-24 SECTION 4. The importance of this legislation and the 4-25 crowded condition of the calendars in both houses create an 4-26 emergency and an imperative public necessity that the 4-27 constitutional rule requiring bills to be read on three several 5-1 days in each house be suspended, and this rule is hereby suspended.