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.