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A BILL TO BE ENTITLED
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AN ACT
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relating to inspections and other activities conducted by engineers |
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in connection with the issuance of certain windstorm and hail |
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insurance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2210.254(a), Insurance Code, is amended |
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to read as follows: |
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(a) For purposes of this chapter, a "qualified inspector" |
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includes: |
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(1) a person determined by the department to be |
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qualified because of training or experience to perform building |
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inspections; |
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(2) a licensed professional engineer [who is on the
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roster described by Section 1001.652, Occupations Code, and meets
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the requirements specified by commissioner rule for appointment to
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conduct windstorm inspections]; and |
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(3) an inspector who: |
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(A) is certified by the International Code |
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Council, the Building Officials and Code Administrators |
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International, Inc., the International Conference of Building |
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Officials, or the Southern Building Code Congress International, |
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Inc.; |
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(B) has certifications as a buildings inspector |
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and coastal construction inspector; and |
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(C) complies with other requirements specified |
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by commissioner rule. |
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SECTION 2. Section 2210.2551, Insurance Code, is amended by |
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amending Subsection (b) and adding Subsection (f) to read as |
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follows: |
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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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(f) The commissioner may not adopt or enforce a rule that |
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requires an inspection to be performed by an engineer licensed by |
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the Texas Board of Professional Engineers or requires an engineer |
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to affix the engineer's seal to a document related to an inspection |
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conducted under this subchapter. |
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SECTION 3. Section 2210.256(a-1), Insurance Code, is |
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amended to read as follows: |
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(a-1) 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
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submit to the department sealed plans, designs, calculations, or
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other substantiating information, failed to demonstrate that a
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structure or a portion of a structure subject to inspection meets
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the 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 4. Section 2210.258(a), Insurance Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (c) and Section |
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2210.2581 and notwithstanding any other provision of this chapter, |
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to be eligible for insurance through the association, all |
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construction, alteration, remodeling, enlargement, and repair of, |
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or addition to, any structure located in the catastrophe area that |
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is begun on or after the effective date of Sections 5 through 49, |
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H.B. No. 4409, Acts of the 81st Legislature, Regular Session, 2009, |
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must be performed in compliance with the applicable building code |
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standards, as set forth in the plan of operation, unless the |
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construction, alteration, remodeling, enlargement, and repair of, |
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or addition to, the structure is an enhancement to the current |
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applicable building code standards and has been designed and sealed |
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by a professional engineer licensed by the Texas Board of |
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Professional Engineers. |
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SECTION 5. Section 83.002(c), Insurance Code, is amended to |
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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 |
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qualified inspector under either of those sections. |
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SECTION 6. The following laws are repealed: |
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(1) Section 2210.255, Insurance Code; |
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(2) Sections 2210.2551(d) and (e), Insurance Code; |
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(3) Section 2210.256(f), Insurance Code; and |
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(4) Subchapter N, Chapter 1001, Occupations Code. |
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SECTION 7. The commissioner of insurance shall adopt rules |
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to implement this Act not later than December 31, 2015. |
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SECTION 8. This Act takes effect September 1, 2015. |