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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification of certain improvements by the Texas |
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Department of Insurance in connection with the issuance of |
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insurance by the Texas Windstorm Insurance Association; |
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authorizing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2210.251(g), Insurance Code, is amended |
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to read as follows: |
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(g) A certificate of compliance issued by the department [or
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association] under Section 2210.2515 demonstrates compliance with |
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the applicable building code under the plan of operation. The |
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certificate is evidence of insurability of the structure by the |
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association. |
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SECTION 2. Section 2210.2515, Insurance Code, is amended by |
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amending Subsections (c) and (e) and adding Subsections (i) and (j) |
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to read as follows: |
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(c) A person may apply to the department [association] on a |
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form prescribed by the department for a certificate of compliance |
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for a completed improvement. Except as provided by Subsection (e), |
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the [The] department [association] shall issue a certificate of |
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compliance for a completed improvement if a professional engineer |
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licensed by the Texas Board of Professional Engineers inspects the |
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completed improvement in accordance with commissioner rule and |
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affirms the improvement complies[:
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[(1)
has designed the improvement, has affixed the
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engineer's seal on the design, and submits to the association on a
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form prescribed by the department an affirmation of compliance] |
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with the applicable building code under the plan of operation and, |
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if a design of the completed improvement affixed with the seal of a |
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licensed professional engineer was submitted, that the improvement |
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conforms to the design[; or
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[(2)
completes a sealed post-construction evaluation
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report that confirms compliance with the applicable building code
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under the plan of operation]. |
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(e) Except as otherwise provided by this subchapter, the |
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department may not issue a certificate of compliance under |
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Subsection (c) or (d) if within six months after the date of the |
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final inspection of the structure that is the subject of the |
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application, the department has not received: |
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(1) fully completed forms prescribed by the department |
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demonstrating that the improvement satisfies the requirements |
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under Subsection (c) or Subsection (d)(1) or (2), as applicable; |
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and |
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(2) payment in full of all inspection fees, including |
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fees for prior department inspections, owed to the department. |
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(i) The department may rescind a certificate of compliance |
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issued under this section if the department finds that the |
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certificate was improperly issued. |
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(j) If the department finds that a professional engineer has |
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failed to provide complete and accurate information in connection |
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with an application for a certificate of compliance under this |
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section, the department may: |
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(1) impose a reasonable penalty on the professional |
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engineer, including prohibiting the engineer from applying for |
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certificates of compliance under this section; or |
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(2) submit a formal complaint to the Texas Board of |
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Professional Engineers recommending license revocation. |
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SECTION 3. Section 2210.2515(f), Insurance Code, is |
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repealed. |
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SECTION 4. (a) Section 2210.251(g), Insurance Code, as |
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amended by this Act, does not affect the status of a certificate of |
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compliance issued by the Texas Windstorm Insurance Association |
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before January 1, 2019, or after January 1, 2019, in response to an |
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application made before that date for purposes of establishing |
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evidence of insurability. |
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(b) Section 2210.2515, Insurance Code, as amended by this |
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Act, applies only to an application for a certificate of compliance |
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made on or after January 1, 2020. An application for a certificate |
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of compliance made before January 1, 2020, is governed by the law as |
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it existed immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |