SRC-AMY S.B. 581 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 581
78R4416 PB-DBy: Jackson
Business & Commerce
4/23/2003
As Filed


DIGEST AND PURPOSE 

Use of insulating concrete forms in residential building construction
provides better resistance to windstorms, termites, mold, and fire than do
some other methods of construction.  As proposed, S.B. 581 requires a
mandatory discount in homeowners insurance premiums for the use of an
insulating concrete form system.  The amount of the premium discount will
be determined by the commissioner of insurance.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTION 1 (Article 5.33E, Sections 3 and 4, Insurance Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 5, Insurance Code, by adding
Article 5.33E, as follows: 

Art. 5.33E.  PREMIUM DISCOUNT FOR USE OF INSULATING CONCRETE FORM SYSTEM

Sec. 1.  DEFINITIONS.  Defines "applicant for insurance coverage,"
"insurer," and "insulating concrete form system." 

Sec. 2.  PREMIUM DISCOUNT REQUIRED.  (a)  Requires an insurer to grant a
discount in an applicant's homeowners' insurance premiums for covered
property constructed with an insulating concrete system, upon receipt of
written verification. 

(b) Requires the verification to comply with the requirements under
Section 3 in this article. 

Sec. 3.  RULES; INSPECTION.  (a) Requires the commissioner of insurance
(commissioner) to adopt rules to verify the use of insulating concrete
forms in construction of a building, and authorizes the commissioner to
adopt additional rules to implement this article. 

(b) Provides that the rules may require, if the commissioner considers it
necessary,  an inspection to be paid for by the applicant. 

Sec. 4.  AMOUNT OF PREMIUM DISCOUNT.  Requires the commissioner to
establish by rule the amount of the premium discount applicable under this
article. 

SECTION 2.  Makes application of this Act prospective to January 1, 2004.

SECTION 3.  Effective date: September 1, 2003.