78R17197 PB-D


By:  Jackson                                                      S.B. No. 1347

Substitute the following for S.B. No. 1347:                                   

By:  Taylor                                                   C.S.S.B. No. 1347



A BILL TO BE ENTITLED

AN ACT

relating to rate changes for insurance coverage written through the 
Texas Windstorm Insurance Association.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (f), Section 3, Article 21.49, 
Insurance Code, is amended to read as follows:
	(f)  "Insurable Property" means immovable property at fixed 
locations in a catastrophe area or corporeal movable property 
located therein (as may be designated in the plan of operation) 
which property is determined by the Association, pursuant to the 
criteria specified in the plan of operation to be in an insurable 
condition against windstorm, hail and/or fire and explosion as 
appropriate, as determined by normal underwriting standards; 
provided, however, that insofar as windstorm and hail insurance is 
concerned, any structure located within a catastrophe area, 
commenced on or after the 30th day following the publication of the 
plan of operation, not built or continuing in compliance with 
building specifications set forth in the plan of operation shall 
not be an insurable risk under this Act except as otherwise provided 
under this Act.  A structure, or an addition thereto, which is 
constructed in conformity with plans and specifications that comply 
with the specifications set forth in the plan of operation at the 
time construction commences shall not be declared ineligible for 
windstorm and hail insurance as a result of subsequent changes in 
the building specifications set forth in the plan of operation.  
Except as otherwise provided by this subsection, if [When] repair 
of damage to a structure involves replacement of items covered in 
the building specifications as set forth in the plan of operation, 
such repairs must be completed in a manner to comply with such 
specifications for the structure to continue within the definition 
of Insurable Property for windstorm and hail insurance.  If repair 
of damage to a structure is based on a direct loss and claim, the 
amount of which is equal to less than five percent of the amount of 
total property coverage on the structure, the repairs may be 
completed in a manner that returns the structure to its condition 
immediately before the loss without affecting the eligibility of 
the structure to qualify as insurable property.  Nothing in this Act 
shall preclude special rating of individual risks as may be 
provided in the plan of operation.  For purposes of this Act, all 
structures, other than a condominium, apartment, duplex, or other 
multifamily residence, or a hotel or resort facility, which are 
located within those areas designated as units under the federal 
Coastal Barrier Resources Act (Public Law 97-348) and for which a 
building permit or plat has been filed with the municipality, 
county, or the United States Army Corps of Engineers before the 
effective date of Senate Bill 1347, Acts of the 78th Legislature, 
Regular Session, 2003, are [construction has commenced on or after 
July 1, 1991 shall not be considered] insurable property.
	SECTION 2.  Subdivision (9), Subsection (h), Section 8, 
Article 21.49, Insurance Code, is amended to read as follows:
		(9)  A rate established and authorized by the 
commissioner under this subsection may not reflect an average rate 
change that is more than 10 percent higher or lower than the rate 
for commercial or 10 percent higher or lower than the rate for 
noncommercial windstorm and hail insurance in effect on the date 
the filing is made.  The rate may not reflect a rate change for an 
individual rating class that is 15 percent higher or lower than the 
rate for that individual class in effect on the date the filing is 
made.  The commissioner may, after notice and hearing, suspend this 
subdivision upon a finding that a catastrophe loss or series of 
occurrences resulting in losses in the catastrophe area justify a 
need to assure rate adequacy in the catastrophe area and also 
justify a need to assure availability of insurance outside the 
catastrophe area.  [This subdivision expires December 31, 2005.]
	SECTION 3.  Subsection (f), Section 3, Article 21.49, 
Insurance Code, as amended by this Act, applies only to an insurance 
policy delivered or issued for delivery by the Texas Windstorm 
Insurance Association on or after the effective date of this Act.  A 
policy delivered or issued for delivery before the effective date 
of this Act is governed by the law as it existed immediately before 
the effective date of this Act, and that law is continued in effect 
for that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.