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.