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.
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