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A BILL TO BE ENTITLED
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AN ACT
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relating to a grant program for hurricane and windstorm loss |
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mitigation for single-family residential property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 10, Insurance Code, is amended |
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by adding Chapter 1813 to read as follows: |
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CHAPTER 1813. GRANT PROGRAM FOR HURRICANE AND WINDSTORM LOSS |
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MITIGATION FOR SINGLE-FAMILY RESIDENTIAL PROPERTY |
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Sec. 1813.001. DEFINITION. In this chapter, "program" |
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means the hurricane and windstorm loss prevention grant program |
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established under this chapter. |
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Sec. 1813.002. CONSTRUCTION OF CHAPTER. This chapter does |
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not create an entitlement for property owners or obligate the state |
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to fund the inspection or retrofitting of residential property in |
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this state. |
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Sec. 1813.003. RULEMAKING. The commissioner may adopt |
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rules necessary to implement this chapter. |
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Sec. 1813.004. ESTABLISHMENT OF PROGRAM. The commissioner |
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shall establish the hurricane and windstorm loss prevention grant |
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program to provide grants to retrofit eligible residential property |
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to resist hurricane and windstorm losses. |
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Sec. 1813.005. ELIGIBILITY. An owner of residential |
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property may apply for a grant under the program if: |
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(1) the property to be retrofitted is: |
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(A) a single-family home or HUD-code |
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manufactured home, as defined by Section 1201.003, Occupations |
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Code; and |
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(B) the owner's residence homestead, as defined |
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by Section 11.13, Tax Code; and |
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(2) the owner and the property meet other eligibility |
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requirements for the program prescribed by commissioner rule. |
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Sec. 1813.006. AWARD OF GRANTS. The commissioner may award |
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grants under the program to eligible applicants to ensure the state |
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purpose of protecting public safety during a hurricane or windstorm |
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is achieved. The commissioner may only award a grant under a |
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contract between the department and a grant recipient that includes |
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provisions under which the department is given sufficient control |
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to ensure the state purpose is accomplished and the state receives |
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the return benefit. |
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Sec. 1813.007. USE OF GRANT. (a) A grant under the program |
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must be used to retrofit the property that is the subject of the |
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grant to one of the following: |
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(1) the fortified home hurricane standard or fortified |
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home high wind and hail standard adopted by the Institute for |
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Business and Home Safety; or |
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(2) another mitigation program, construction |
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technique, or standardized code that may be submitted by an insurer |
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and approved by the commissioner. |
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(b) A property that is a HUD-code manufactured home, as |
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defined by Section 1201.003, Occupations Code, in wind zone III as |
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designated by the United States Department of Housing and Urban |
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Development must be retrofitted to the fortified home hurricane |
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manufactured/modular home guidelines adopted by the Institute for |
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Business and Home Safety. |
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Sec. 1813.008. PERMITTING AND INSPECTIONS. (a) The |
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recipient of a grant under this chapter shall secure all required |
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local permits and inspections for a retrofitting project to be |
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performed using the grant and ensure that the project is performed |
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in accordance with local building codes. |
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(b) The department or a political subdivision in which |
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property for which a grant is awarded is located may inspect the |
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property at any time during the progress of or following completion |
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of the retrofitting project for compliance with laws applicable to |
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the project. |
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Sec. 1813.009. HURRICANE AND WINDSTORM MITIGATION ACCOUNT. |
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(a) The hurricane and windstorm mitigation account is a dedicated |
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account in the general revenue fund. Money in the account may be |
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appropriated only to the department and only for the purpose of |
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implementing the program. |
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(b) The account is composed of: |
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(1) gifts, grants, donations, and legislative |
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appropriations; and |
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(2) interest earned on the investment of money in the |
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account. |
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(c) Section 403.0956, Government Code, does not apply to the |
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account. |
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(d) The department administers the account. The department |
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may solicit and receive gifts, grants, and donations from any |
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source for the benefit of the account. |
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Sec. 1813.010. NONPROFIT ADMINISTRATION. (a) The |
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commissioner may make grants or funding available through the |
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program to a nonprofit organization for use by the organization to |
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retrofit eligible property in the manner required by this chapter. |
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(b) A nonprofit organization that received a grant or |
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funding under this section must administer the grant or funding in |
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the same manner as the program is required to administer grants or |
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funding. The organization shall provide any documentation |
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requested by the department in a timely manner. |
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SECTION 2. This Act takes effect September 1, 2025. |