AN ACT 1-1 relating to the creation and operation of the Windstorm Building 1-2 Code Advisory Committee on Specifications and Maintenance. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Article 21.49, Insurance Code, is amended by 1-5 adding Section 6C to read as follows: 1-6 Sec. 6C. ADVISORY COMMITTEE ON BUILDING CODE SPECIFICATIONS 1-7 AND MAINTENANCE. (a) In this section, "advisory committee" means 1-8 the Windstorm Building Code Advisory Committee on Specifications 1-9 and Maintenance. 1-10 (b) The Windstorm Building Code Advisory Committee on 1-11 Specifications and Maintenance is established as an advisory 1-12 committee to the commissioner to advise and make recommendations to 1-13 the commissioner on building specifications and maintenance in the 1-14 plan of operation. 1-15 (c) The advisory committee is composed of nine members 1-16 appointed by the commissioner without regard to the race, color, 1-17 disability, sex, religion, age, or national origin of the 1-18 appointee. The commissioner or the commissioner's designated 1-19 representative shall serve as an ex officio, nonvoting member of 1-20 the advisory committee. The voting members of the advisory 1-21 committee shall be appointed as follows: 1-22 (1) three members must be representatives of the 1-23 building industry who reside in designated catastrophe areas: 1-24 (A) two of whom are residential builders; and 2-1 (B) one of whom is a representative of the 2-2 building supply industry; 2-3 (2) three members must be representatives of the 2-4 insurance industry: 2-5 (A) one of whom is a member of the board of 2-6 directors of the Association; and 2-7 (B) two of whom are full-time employees of an 2-8 insurance company authorized to engage in the business of property 2-9 and casualty insurance in this state that writes insurance in the 2-10 designated catastrophe area; and 2-11 (3) three members must be representatives of the 2-12 public who reside in a designated catastrophe area, one of whom is 2-13 a professional engineer licensed in this state. 2-14 (d) A member of the advisory committee serves a three-year 2-15 term. A member of the advisory committee is not entitled to 2-16 compensation but is entitled to reimbursement for actual and 2-17 necessary expenses incurred in performing duties as an advisory 2-18 committee member, subject to any applicable limitation on 2-19 reimbursement provided by the General Appropriations Act. 2-20 (e) The advisory committee shall elect a presiding officer 2-21 from its members. The advisory committee shall meet at the call of 2-22 the presiding officer with the approval of the commissioner, but at 2-23 least two times each year. The advisory committee shall publish 2-24 the date and location of the meeting not later than the 45th day 2-25 before the date on which the meeting is scheduled to occur. The 2-26 commissioner or the commissioner's designee must be present at each 3-1 meeting of the advisory committee. 3-2 (f) The advisory committee shall analyze and make 3-3 recommendations for changes regarding building specifications 3-4 adopted by the commissioner in the plan of operation. In making 3-5 recommendations, the advisory committee shall consider 3-6 technological developments in building products and windstorm 3-7 research and shall seek to balance the concerns of all affected 3-8 parties, including consumers, builders, and the Association. 3-9 (g) Each proposal for a change in an applicable building 3-10 specification must be submitted to the commissioner. Each proposal 3-11 must be submitted separately in writing and must contain: 3-12 (1) the name, mailing address, and telephone number of 3-13 the proponent, or, if the proponent is a group or organization, the 3-14 name of the group or organization and the mailing address and 3-15 telephone number of the group or organization; 3-16 (2) a citation of the building code section regarding 3-17 that specification, as published in the latest edition of that 3-18 code; 3-19 (3) the text of the proposed change, with deletions 3-20 from current code language struck through with a single line and 3-21 new language underlined; and 3-22 (4) a statement of the purpose of the proposed change, 3-23 with supporting written or printed information. 3-24 (h) The commissioner by rule shall adopt a form to be used 3-25 by a person in presenting a proposal for a change in an applicable 3-26 building specification to the commissioner. 4-1 (i) Each proposal shall be submitted not later than the 30th 4-2 day before the date of a scheduled advisory committee meeting. A 4-3 proposal that does not comply with the requirements adopted under 4-4 Subsection (g) of this section and is not submitted within the time 4-5 specified in this subsection may not be considered at that 4-6 scheduled meeting. 4-7 (j) The department shall review and organize each proposal 4-8 submitted and shall allow the advisory committee and interested 4-9 parties to view the proposals to be considered within a reasonable 4-10 time before the meeting of the advisory committee. If requested by 4-11 a majority of the advisory committee, the department shall make 4-12 recommendations regarding each proposal submitted and provide to 4-13 the advisory committee any necessary technical information. 4-14 (k) At an advisory committee meeting, any interested person 4-15 may present the person's views on a proposal for a change in an 4-16 applicable building specification that is included on the advisory 4-17 committee's published agenda. The advisory committee shall 4-18 consider each comment presented in its action on the disposition of 4-19 each proposal. 4-20 (l) After consideration of a proposal for a change in an 4-21 applicable building specification, the advisory committee by vote 4-22 shall: 4-23 (1) recommend adoption of the proposal as initially 4-24 submitted; 4-25 (2) recommend adoption of the proposal with 4-26 modifications; 5-1 (3) recommend rejection of the proposal; or 5-2 (4) suspend consideration of the proposal and request 5-3 additional evaluation and study of the proposal. 5-4 (m) The advisory committee shall submit its recommendation 5-5 on each proposal to the commissioner. The commissioner shall 5-6 notify the advisory committee of the acceptance or rejection of 5-7 each recommendation not later than the 30th day after the date of 5-8 receipt by the commissioner. Acceptance of a recommendation by the 5-9 commissioner means that the commissioner will consider adoption of 5-10 that recommendation at a rulemaking hearing. Before adopting a 5-11 recommendation, the commissioner must determine that the proposal, 5-12 if adopted, will not weaken the integrity or diminish the 5-13 effectiveness of a building specification. The commissioner by 5-14 rule may adopt a recommendation of the advisory committee by 5-15 amending the plan of operation and, in amending the plan, may adopt 5-16 a specification by reference. 5-17 (n) In addition to any other rulemaking authority granted 5-18 under this article, the commissioner may adopt rules as necessary 5-19 to implement this section. 5-20 SECTION 2. Subsection (f), Section 6A, Article 21.49, 5-21 Insurance Code, is repealed. 5-22 SECTION 3. (a) This Act takes effect immediately, except 5-23 that Section 2 of this Act takes effect September 1, 1999. 5-24 (b) The advisory committee established under Subsection (f), 5-25 Section 6A, Article 21.49, Insurance Code, as that subsection 5-26 existed before repeal by this Act, is abolished effective August 6-1 31, 1999. 6-2 (c) The initial members of the Windstorm Building Code 6-3 Advisory Committee on Specifications and Maintenance created under 6-4 Section 6C, Article 21.49, Insurance Code, as added by this Act, 6-5 shall be appointed not later than September 1, 1999. 6-6 SECTION 4. The importance of this legislation and the 6-7 crowded condition of the calendars in both houses create an 6-8 emergency and an imperative public necessity that the 6-9 constitutional rule requiring bills to be read on three several 6-10 days in each house be suspended, and this rule is hereby suspended, 6-11 and that this Act take effect and be in force according to its 6-12 terms, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 677 passed the Senate on April 6, 1999, by the following vote: Yeas 30, Nays 0; and that the Senate concurred in House amendment on May 25, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 677 passed the House, with amendment, on May 22, 1999, by the following vote: Yeas 144, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor