By Jackson, et al. S.B. No. 677 76R6441 PB-F 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 code specifications and maintenance 1-15 regarding the 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, two 2-1 of whom are residential builders; 2-2 (2) three members must be representatives of the 2-3 insurance industry, one of whom is a member of the board of 2-4 directors of the Association; and 2-5 (3) three members must be representatives of the 2-6 public who reside in a designated catastrophe area, one of whom is 2-7 a professional engineer licensed in this state. 2-8 (d) A member of the advisory committee serves a three-year 2-9 term. A member of the advisory committee is not entitled to 2-10 compensation but is entitled to reimbursement for actual and 2-11 necessary expenses incurred in performing duties as an advisory 2-12 committee member, subject to any applicable limitation on 2-13 reimbursement provided by the General Appropriations Act. 2-14 (e) The advisory committee shall elect a presiding officer 2-15 from its members. The advisory committee shall meet at the call of 2-16 the presiding officer but at least three times each year. The 2-17 advisory committee shall publish the date and location of the 2-18 meeting not later than the 45th day before the date on which the 2-19 meeting is scheduled to occur. The commissioner or the 2-20 commissioner's designee must be present at each meeting of the 2-21 advisory committee. 2-22 (f) The advisory committee shall analyze and make 2-23 recommendations for changes regarding the building code 2-24 specifications adopted by the commissioner in the plan of 2-25 operation. In making recommendations, the advisory committee shall 2-26 consider technological developments in building products and 2-27 windstorm research and shall seek to balance the concerns of all 3-1 affected parties, including consumers, builders, and the 3-2 Association. 3-3 (g) A person may submit to the advisory committee and to the 3-4 commissioner a proposal for a change in an applicable building code 3-5 specification. Each proposal must be submitted separately in 3-6 writing and must contain: 3-7 (1) the name, title, mailing address, and telephone 3-8 number of the proponent, if an individual, or, if the proponent is 3-9 a group or organization, the name of the group or organization and 3-10 the name, title, mailing address, and telephone number of the 3-11 director of the group or organization; 3-12 (2) a citation of the building code section regarding 3-13 that specification, as published in the latest edition of that 3-14 code; 3-15 (3) the text of the proposed change, with deletions 3-16 from current code language struck through with a single line and 3-17 new language underlined; and 3-18 (4) a statement of the purpose of the proposed change, 3-19 with supporting information. 3-20 (h) The commissioner by rule shall adopt a form to be used 3-21 by a person in presenting a proposal for a change in an applicable 3-22 building code specification to the advisory committee. 3-23 (i) Each proponent shall submit the proposal to the advisory 3-24 committee and the commissioner not later than the 30th day before 3-25 the date of the scheduled advisory committee meeting at which the 3-26 person intends to propose the change. A proposal that does not 3-27 comply with the requirements adopted under this section and is not 4-1 submitted in a timely manner may not be considered at that 4-2 scheduled meeting unless the proposal is approved by the 4-3 commissioner. 4-4 (j) The department shall review each proposal submitted and 4-5 shall make recommendations to the advisory committee regarding 4-6 each proposal. The department shall also provide to the advisory 4-7 committee any technical information requested by the advisory 4-8 committee. 4-9 (k) At an advisory committee meeting, any interested person 4-10 may present the person's views on a proposal for a change in an 4-11 applicable building code specification that is included on the 4-12 advisory committee's published agenda. The advisory committee 4-13 shall consider each comment presented in its action on the 4-14 disposition of each proposal. Any person participating in the 4-15 meeting may submit modifications to the proposal from the floor. 4-16 (l) After consideration of a proposal for a change in an 4-17 applicable building code specification, the advisory committee by 4-18 vote shall: 4-19 (1) approve the proposal as initially submitted and 4-20 recommend that the commissioner adopt the proposal; 4-21 (2) approve the proposal with modifications and 4-22 recommend that the commissioner adopt the modified proposal; 4-23 (3) disapprove the proposal; or 4-24 (4) suspend consideration of the proposal and request 4-25 additional evaluation and study of the proposal. 4-26 (m) The advisory committee shall submit each proposal 4-27 approved by the advisory committee to the commissioner. The 5-1 commissioner by rule may adopt a proposal by amending the plan of 5-2 operation and, in amending the plan, may adopt a specification by 5-3 reference. The commissioner shall notify the advisory committee of 5-4 the acceptance or rejection of a proposal approved by the advisory 5-5 committee not later than the 45th day after the date of receipt by 5-6 the commissioner of the proposal as approved by the advisory 5-7 committee. 5-8 SECTION 2. Section 6A(f), Article 21.49, Insurance Code, is 5-9 repealed. 5-10 SECTION 3. (a) This Act takes effect immediately, except 5-11 that Section 2 of this Act takes effect September 1, 1999. 5-12 (b) The advisory committee established under Section 6A(f), 5-13 Article 21.49, Insurance Code, as that section existed before 5-14 repeal by this Act, is abolished effective August 31, 1999. 5-15 (c) The members of the Windstorm Building Code Advisory 5-16 Committee on Specifications and Maintenance created under Section 5-17 6C, Article 21.49, Insurance Code, as added by this Act, shall be 5-18 appointed not later than September 1, 1999. 5-19 SECTION 4. The importance of this legislation and the 5-20 crowded condition of the calendars in both houses create an 5-21 emergency and an imperative public necessity that the 5-22 constitutional rule requiring bills to be read on three several 5-23 days in each house be suspended, and this rule is hereby suspended, 5-24 and that this Act take effect and be in force according to its 5-25 terms, and it is so enacted.