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A BILL TO BE ENTITLED
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AN ACT
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relating to the determination of certain catastrophe areas eligible |
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for insurance coverage through the Texas Windstorm Insurance |
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Association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2210.003(3), (4), and (11), Insurance |
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Code, are amended to read as follows: |
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(3) "Catastrophe area" means: |
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(A) a first tier coastal county; or |
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(B) a municipality, a part of a municipality, a |
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county, or a part of a county designated by the commissioner under |
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Section 2210.005. |
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(4) "First tier coastal county" means: |
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(A) Aransas County; |
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(B) Brazoria County; |
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(C) Calhoun County; |
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(D) Cameron County; |
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(E) Chambers County; |
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(F) Galveston County; |
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(G) Jefferson County; |
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(H) Kenedy County; |
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(I) Kleberg County; |
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(J) Matagorda County; |
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(K) Nueces County; |
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(L) Orange County; |
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(M) Refugio County; |
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(N) [(M)] San Patricio County; or |
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(O) [(N)] Willacy County. |
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(11) "Second tier coastal county" means: |
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(A) Bee County; |
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(B) Brooks County; |
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(C) Fort Bend County; |
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(D) Goliad County; |
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(E) Hardin County; |
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(F) Harris County; |
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(G) Hidalgo County; |
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(H) Jackson County; |
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(I) Jim Wells County; |
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(J) Liberty County; |
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(K) Live Oak County; |
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(L) [Orange County;
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[(M)] Victoria County; or |
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(M) [(N)] Wharton County. |
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SECTION 2. Section 2210.251, Insurance Code, is amended by |
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amending Subsections (d) and (e) and adding Subsection (e-1) to |
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read as follows: |
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(d) A structure is insurable property eligible for |
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windstorm and hail insurance coverage from the association without |
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compliance with the inspection or approval requirements of this |
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section or the plan of operation if the structure: |
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(1) was constructed, [or] repaired, or is a structure |
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to which additions were made before January 1, 1988, and [that] is |
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located in an area that was governed at the time of the |
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construction, repair, or addition by a building code recognized by |
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the association; or |
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(2) effective September 1, 2007, is located in a first |
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tier coastal county and was constructed, repaired, or is a |
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structure to which additions were made on or after January 1, 1988, |
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but before January 1, 2008, in an area covered at the time by a |
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building code recognized by the association [is insurable property
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eligible for windstorm and hail insurance coverage from the
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association without compliance with the inspection or approval
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requirements of this section or the plan of operation]. |
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(e) A structure [constructed or repaired or to which
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additions were made before January 1, 1988, that is] located in an |
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area not governed by a building code recognized by the association |
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is insurable property eligible for windstorm and hail insurance |
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coverage from the association without compliance with the |
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inspection or approval requirements of this section or the plan of |
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operation if the structure was previously insured by an insurer |
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authorized to engage in the business of insurance in this state and |
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the structure is in essentially the same condition as when |
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previously insured, except for normal wear and tear, and is without |
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any structural change other than a change made according to code if |
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the structure: |
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(1) was constructed, repaired, or is a structure to |
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which additions were made before January 1, 1988; or |
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(2) effective September 1, 2007, is located in a first |
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tier coastal county and was constructed, repaired, or is a |
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structure to which additions were made on or after January 1, 1988, |
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but before January 1, 2008. |
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(e-1) For purposes of Subsection (e) [this subsection], |
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evidence of previous insurance coverage includes: |
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(1) a copy of a previous insurance policy; |
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(2) copies of canceled checks or agent's records that |
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show payments for previous policies; and |
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(3) a copy of the title to the structure or mortgage |
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company records that show previous policies. |
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SECTION 3. This Act applies only to an insurance policy that |
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is delivered, issued for delivery, or renewed on or after January 1, |
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2008. A policy that is delivered, issued for delivery, or renewed |
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before January 1, 2008, is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |