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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of inspectors qualified to perform |
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windstorm inspections and to persons acting as those inspectors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2210.254, Insurance Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The department may establish an annual renewal period |
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for persons appointed as qualified inspectors. |
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SECTION 2. Subchapter F, Chapter 2210, Insurance Code, is |
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amended by adding Section 2210.2551 to read as follows: |
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Sec. 2210.2551. EXCLUSIVE ENFORCEMENT AUTHORITY; RULES. |
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(a) The department has exclusive authority over all matters |
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relating to the appointment and oversight of qualified inspectors |
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for purposes of this chapter. |
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(b) The commissioner by rule shall establish criteria to |
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ensure that a person seeking appointment as a qualified inspector |
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under this subchapter, including an engineer seeking appointment |
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under Section 2210.255, possesses the knowledge, understanding, |
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and professional competence to perform windstorm inspections under |
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this chapter and to comply with other requirements of this chapter. |
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SECTION 3. The heading to Section 2210.256, Insurance Code, |
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is amended to read as follows: |
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Sec. 2210.256. DISCIPLINARY PROCEEDINGS REGARDING |
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APPOINTED INSPECTORS AND CERTAIN OTHER PERSONS. |
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SECTION 4. Section 2210.256, Insurance Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) In addition to any other action authorized under this |
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section, the commissioner ex parte may enter an emergency cease and |
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desist order under Chapter 83 against a qualified inspector, or a |
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person acting as a qualified inspector, if: |
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(1) the commissioner believes that: |
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(A) the qualified inspector has: |
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(i) through submitting or failing to submit |
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to the department sealed plans, designs, calculations, or other |
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substantiating information, failed to demonstrate that a structure |
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or a portion of a structure subject to inspection meets the |
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requirements of this chapter and department rules; or |
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(ii) refused to comply with requirements |
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imposed under this chapter or department rules; or |
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(B) the person acting as a qualified inspector is |
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acting without appointment as a qualified inspector under Section |
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2210.254 or 2210.255; and |
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(2) the commissioner determines that the conduct |
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described by Subdivision (1) is fraudulent or hazardous or creates |
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an immediate danger to the public. |
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SECTION 5. Section 83.002, Insurance Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) This chapter also applies to: |
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(1) a person appointed as a qualified inspector under |
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Section 2210.254 or 2210.255; and |
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(2) a person acting as a qualified inspector under |
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Section 2210.254 or 2210.255 without being appointed as a qualified |
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inspector under either of those sections. |
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SECTION 6. This Act takes effect September 1, 2011. |