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.