1-1 By: Jackson, Bernsen S.B. No. 677 1-2 (In the Senate - Filed February 24, 1999; February 25, 1999, 1-3 read first time and referred to Committee on Economic Development; 1-4 March 25, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; March 25, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 677 By: Jackson 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation and operation of the Windstorm Building 1-11 Code Advisory Committee on Specifications and Maintenance. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Article 21.49, Insurance Code, is amended by 1-14 adding Section 6C to read as follows: 1-15 Sec. 6C. ADVISORY COMMITTEE ON BUILDING CODE SPECIFICATIONS 1-16 AND MAINTENANCE. (a) In this section, "advisory committee" means 1-17 the Windstorm Building Code Advisory Committee on Specifications 1-18 and Maintenance. 1-19 (b) The Windstorm Building Code Advisory Committee on 1-20 Specifications and Maintenance is established as an advisory 1-21 committee to the commissioner to advise and make recommendations to 1-22 the commissioner on building specifications and maintenance in the 1-23 plan of operation. 1-24 (c) The advisory committee is composed of nine members 1-25 appointed by the commissioner without regard to the race, color, 1-26 disability, sex, religion, age, or national origin of the 1-27 appointee. The commissioner or the commissioner's designated 1-28 representative shall serve as an ex officio, nonvoting member of 1-29 the advisory committee. The voting members of the advisory 1-30 committee shall be appointed as follows: 1-31 (1) three members must be representatives of the 1-32 building industry who reside in designated catastrophe areas: 1-33 (A) two of whom are residential builders; and 1-34 (B) one of whom is a representative of the 1-35 building supply industry; 1-36 (2) three members must be representatives of the 1-37 insurance industry: 1-38 (A) one of whom is a member of the board of 1-39 directors of the Association; and 1-40 (B) two of whom are full-time employees of an 1-41 insurance company authorized to engage in the business of property 1-42 and casualty insurance in this state that writes insurance in the 1-43 designated catastrophe area; and 1-44 (3) three members must be representatives of the 1-45 public who reside in a designated catastrophe area, one of whom is 1-46 a professional engineer licensed in this state. 1-47 (d) A member of the advisory committee serves a three-year 1-48 term. A member of the advisory committee is not entitled to 1-49 compensation but is entitled to reimbursement for actual and 1-50 necessary expenses incurred in performing duties as an advisory 1-51 committee member, subject to any applicable limitation on 1-52 reimbursement provided by the General Appropriations Act. 1-53 (e) The advisory committee shall elect a presiding officer 1-54 from its members. The advisory committee shall meet at the call of 1-55 the presiding officer with the approval of the commissioner, but at 1-56 least two times each year. The advisory committee shall publish 1-57 the date and location of the meeting not later than the 45th day 1-58 before the date on which the meeting is scheduled to occur. The 1-59 commissioner or the commissioner's designee must be present at each 1-60 meeting of the advisory committee. 1-61 (f) The advisory committee shall analyze and make 1-62 recommendations for changes regarding building specifications 1-63 adopted by the commissioner in the plan of operation. In making 1-64 recommendations, the advisory committee shall consider 2-1 technological developments in building products and windstorm 2-2 research and shall seek to balance the concerns of all affected 2-3 parties, including consumers, builders, and the Association. 2-4 (g) Each proposal for a change in an applicable building 2-5 specification must be submitted to the commissioner. Each proposal 2-6 must be submitted separately in writing and must contain: 2-7 (1) the name, mailing address, and telephone number of 2-8 the proponent or, if the proponent is a group or organization, the 2-9 name of the group or organization and the mailing address and 2-10 telephone number of the group or organization; 2-11 (2) a citation of the building code section regarding 2-12 that specification, as published in the latest edition of that 2-13 code; 2-14 (3) the text of the proposed change, with deletions 2-15 from current code language struck through with a single line and 2-16 new language underlined; and 2-17 (4) a statement of the purpose of the proposed change, 2-18 with supporting written or printed information. 2-19 (h) The commissioner by rule shall adopt a form to be used 2-20 by a person in presenting a proposal for a change in an applicable 2-21 building specification to the commissioner. 2-22 (i) Each proposal shall be submitted not later than the 30th 2-23 day before the date of a scheduled advisory committee meeting. A 2-24 proposal that does not comply with the requirements adopted under 2-25 Subsection (g) of this section and is not submitted within the time 2-26 specified in this subsection may not be considered at that 2-27 scheduled meeting. 2-28 (j) The department shall review and organize each proposal 2-29 submitted and shall allow the advisory committee and interested 2-30 parties to view the proposals to be considered within a reasonable 2-31 time before the meeting of the advisory committee. If requested by 2-32 a majority of the advisory committee, the department shall make 2-33 recommendations regarding each proposal submitted and provide to 2-34 the advisory committee any necessary technical information. 2-35 (k) At an advisory committee meeting, any interested person 2-36 may present the person's views on a proposal for a change in an 2-37 applicable building specification that is included on the advisory 2-38 committee's published agenda. The advisory committee shall 2-39 consider each comment presented in its action on the disposition of 2-40 each proposal. 2-41 (l) After consideration of a proposal for a change in an 2-42 applicable building specification, the advisory committee by vote 2-43 shall: 2-44 (1) recommend adoption of the proposal as initially 2-45 submitted; 2-46 (2) recommend adoption of the proposal with 2-47 modifications; 2-48 (3) recommend rejection of the proposal; or 2-49 (4) suspend consideration of the proposal and request 2-50 additional evaluation and study of the proposal. 2-51 (m) The advisory committee shall submit its recommendation 2-52 on each proposal to the commissioner. The commissioner shall 2-53 notify the advisory committee of the acceptance or rejection of 2-54 each recommendation not later than the 30th day after the date of 2-55 receipt by the commissioner. Acceptance of a recommendation by the 2-56 commissioner means that the commissioner will consider adoption of 2-57 that recommendation at a rulemaking hearing. The commissioner by 2-58 rule may adopt a recommendation of the advisory committee by 2-59 amending the plan of operation and, in amending the plan, may adopt 2-60 a specification by reference. 2-61 (n) In addition to any other rulemaking authority granted 2-62 under this article, the commissioner may adopt rules as necessary 2-63 to implement this section. 2-64 SECTION 2. Subsection (f), Section 6A, Article 21.49, 2-65 Insurance Code, is repealed. 2-66 SECTION 3. (a) This Act takes effect immediately, except 2-67 that Section 2 of this Act takes effect September 1, 1999. 2-68 (b) The advisory committee established under Subsection (f), 2-69 Section 6A, Article 21.49, Insurance Code, as that subsection 3-1 existed before repeal by this Act, is abolished effective August 3-2 31, 1999. 3-3 (c) The initial members of the Windstorm Building Code 3-4 Advisory Committee on Specifications and Maintenance created under 3-5 Section 6C, Article 21.49, Insurance Code, as added by this Act, 3-6 shall be appointed not later than September 1, 1999. 3-7 SECTION 4. The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended, 3-12 and that this Act take effect and be in force according to its 3-13 terms, and it is so enacted. 3-14 * * * * *