76R11926 PB-F By Jackson, et al. S.B. No. 677 Substitute the following for S.B. No. 677: By Wise C.S.S.B. No. 677 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 specifications and maintenance in the 1-15 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: 2-1 (A) two of whom are residential builders; and 2-2 (B) one of whom is a representative of the 2-3 building supply industry; 2-4 (2) three members must be representatives of the 2-5 insurance industry: 2-6 (A) one of whom is a member of the board of 2-7 directors of the Association; and 2-8 (B) two of whom are full-time employees of an 2-9 insurance company authorized to engage in the business of property 2-10 and casualty insurance in this state that writes insurance in the 2-11 designated catastrophe area; and 2-12 (3) three members must be representatives of the 2-13 public who reside in a designated catastrophe area, one of whom is 2-14 a professional engineer licensed in this state. 2-15 (d) A member of the advisory committee serves a three-year 2-16 term. A member of the advisory committee is not entitled to 2-17 compensation but is entitled to reimbursement for actual and 2-18 necessary expenses incurred in performing duties as an advisory 2-19 committee member, subject to any applicable limitation on 2-20 reimbursement provided by the General Appropriations Act. 2-21 (e) The advisory committee shall elect a presiding officer 2-22 from its members. The advisory committee shall meet at the call of 2-23 the presiding officer with the approval of the commissioner, but at 2-24 least two times each year. The advisory committee shall publish 2-25 the date and location of the meeting not later than the 45th day 2-26 before the date on which the meeting is scheduled to occur. The 2-27 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, 3-14 the 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. 3-27 (i) Each proposal shall be submitted not later than the 30th 4-1 day before the date of a scheduled advisory committee meeting. A 4-2 proposal that does not comply with the requirements adopted under 4-3 Subsection (g) of this section and is not submitted within the time 4-4 specified in this subsection may not be considered at that 4-5 scheduled meeting. 4-6 (j) The department shall review and organize each proposal 4-7 submitted and shall allow the advisory committee and interested 4-8 parties to view the proposals to be considered within a reasonable 4-9 time before the meeting of the advisory committee. If requested by 4-10 a majority of the advisory committee, the department shall make 4-11 recommendations regarding each proposal submitted and provide to 4-12 the advisory committee any necessary technical information. 4-13 (k) At an advisory committee meeting, any interested person 4-14 may present the person's views on a proposal for a change in an 4-15 applicable building specification that is included on the advisory 4-16 committee's published agenda. The advisory committee shall 4-17 consider each comment presented in its action on the disposition of 4-18 each proposal. 4-19 (l) After consideration of a proposal for a change in an 4-20 applicable building specification, the advisory committee by vote 4-21 shall: 4-22 (1) recommend adoption of the proposal as initially 4-23 submitted; 4-24 (2) recommend adoption of the proposal with 4-25 modifications; 4-26 (3) recommend rejection of the proposal; or 4-27 (4) suspend consideration of the proposal and request 5-1 additional evaluation and study of the proposal. 5-2 (m) The advisory committee shall submit its recommendation 5-3 on each proposal to the commissioner. The commissioner shall 5-4 notify the advisory committee of the acceptance or rejection of 5-5 each recommendation not later than the 30th day after the date of 5-6 receipt by the commissioner. Acceptance of a recommendation by the 5-7 commissioner means that the commissioner will consider adoption of 5-8 that recommendation at a rulemaking hearing. Before adopting a 5-9 recommendation, the commissioner must determine that the proposal, 5-10 if adopted, will not weaken the integrity or diminish the 5-11 effectiveness of a building specification. The commissioner by 5-12 rule may adopt a recommendation of the advisory committee by 5-13 amending the plan of operation and, in amending the plan, may adopt 5-14 a specification by reference. 5-15 (n) In addition to any other rulemaking authority granted 5-16 under this article, the commissioner may adopt rules as necessary 5-17 to implement this section. 5-18 SECTION 2. Section 6A(f), Article 21.49, Insurance Code, is 5-19 repealed. 5-20 SECTION 3. (a) This Act takes effect immediately, except 5-21 that Section 2 of this Act takes effect September 1, 1999. 5-22 (b) The advisory committee established under Section 6A(f), 5-23 Article 21.49, Insurance Code, as that section existed before 5-24 repeal by this Act, is abolished effective August 31, 1999. 5-25 (c) The initial members of the Windstorm Building Code 5-26 Advisory Committee on Specifications and Maintenance created under 5-27 Section 6C, Article 21.49, Insurance Code, as added by this Act, 6-1 shall be appointed not later than September 1, 1999. 6-2 SECTION 4. The importance of this legislation and the 6-3 crowded condition of the calendars in both houses create an 6-4 emergency and an imperative public necessity that the 6-5 constitutional rule requiring bills to be read on three several 6-6 days in each house be suspended, and this rule is hereby suspended, 6-7 and that this Act take effect and be in force according to its 6-8 terms, and it is so enacted.