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A BILL TO BE ENTITLED
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AN ACT
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relating to Texas Windstorm Insurance Association underwriting |
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standards for structures that meet certain construction standards. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2210.152, Insurance Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The plan of operation must provide that certification |
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that a structure meets the fortified home, multifamily, or |
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commercial construction standards published by the Insurance |
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Institute for Business and Home Safety or its successor entity is an |
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alternative to a certificate of compliance issued under Section |
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2210.2515 for purposes of Section 2210.258. |
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SECTION 2. Section 2210.258, Insurance Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (e) to read |
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as follows: |
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(a) Except as provided by Subsections (c), [and] (d), and |
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(e) and notwithstanding any other provision of this chapter, to be |
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eligible for insurance through the association, all construction, |
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alteration, remodeling, enlargement, and repair of, or addition to, |
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any structure located in the catastrophe area that is begun on or |
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after the effective date of Sections 5 through 49, H.B. 4409, 81st |
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Legislature, Regular Session, 2009, must be performed in compliance |
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with the applicable building code standards, as set forth in the |
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plan of operation. |
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(b) Except as provided by Subsections (c), [and] (d), and |
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(e), the association may not insure a structure described by |
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Subsection (a) until a certificate of compliance has been issued |
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for the structure in accordance with Section 2210.2515. |
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(e) The association may insure a structure constructed, |
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altered, remodeled, enlarged, repaired, or added to on or after |
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June 19, 2009, for which a certificate of compliance has not been |
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issued in accordance with Section 2210.2515, provided that the |
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department and the association have received a certification that |
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the structure was constructed in accordance with or retrofitted to |
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meet the fortified home, multifamily, or commercial construction |
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standards published by the Insurance Institute for Business and |
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Home Safety or its successor entity. |
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SECTION 3. Section 2210.259, Insurance Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) This section does not apply to an insurance policy |
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insuring a structure eligible for coverage under Section |
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2210.258(e). |
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SECTION 4. (a) The changes in law made by this Act apply |
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only to a structure constructed, altered, remodeled, enlarged, |
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repaired, or added to on or after the effective date of this Act. |
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(b) As soon as practicable after the effective date of this |
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Act, the Texas Windstorm Insurance Association shall propose to the |
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commissioner of insurance amendments to the association's plan of |
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operation to conform to the changes in law made by this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |