Bill Text: TX HB1587 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the appeal of decisions by the Texas Department of Insurance regarding issuance of certain certificates of compliance under the Texas Windstorm Insurance Association Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-28 - Withdrawn from schedule [HB1587 Detail]
Download: Texas-2017-HB1587-Introduced.html
85R6149 SCL-D | ||
By: Lozano | H.B. No. 1587 |
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relating to the appeal of decisions by the Texas Department of | ||
Insurance regarding issuance of certain certificates of compliance | ||
under the Texas Windstorm Insurance Association Act. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2210.003, Insurance Code, is amended by | ||
amending Subdivision (1-a) and adding Subdivision (1-b) to read as | ||
follows: | ||
(1-a) "Appeals panel" means the appeals panel | ||
established under Section 2210.262. | ||
(1-b) "Association" means the Texas Windstorm | ||
Insurance Association. | ||
SECTION 2. Subchapter F, Chapter 2210, Insurance Code, is | ||
amended by adding Sections 2210.261 through 2210.268 to read as | ||
follows: | ||
Sec. 2210.261. REQUEST FOR APPEAL; RESPONSE. (a) A person | ||
whose request for a certificate of compliance is rejected may | ||
appeal the decision rejecting the request by filing a written | ||
request for appeal with the appeals panel established under Section | ||
2210.262, and contemporaneously providing a copy of the request for | ||
appeal to the department. The request for appeal must be made not | ||
later than the 90th day after the date the department issued a | ||
decision rejecting the request for certification. | ||
(b) The department shall file a written response with the | ||
appeals panel not later than the 15th day after the date on which | ||
the request for appeal is filed and shall on the same date serve a | ||
copy of the response on the appellant. | ||
Sec. 2210.262. APPEALS PANEL: COMPOSITION. (a) The | ||
appeals panel is composed of seven members appointed by the | ||
governor. | ||
(b) Three members must: | ||
(1) be engineers licensed by, and in good standing | ||
with, the Texas Board of Professional Engineers; and | ||
(2) have knowledge of and professional expertise in | ||
wind-related design and construction practices in coastal areas | ||
subject to high winds and hurricanes. | ||
(c) Two members must be public members who, at the time of | ||
each appointment, reside in different first tier coastal counties. | ||
(d) One member must be a licensed general property and | ||
casualty agent who is not a captive agent. | ||
(e) One member must represent the construction industry and | ||
have knowledge of and professional expertise in wind-related design | ||
and construction practices in coastal areas subject to high winds | ||
and hurricanes. | ||
(f) All members of the appeals panel must reside or have | ||
employment in a first tier coastal county. | ||
(g) Each appointment to the appeals panel must be made | ||
without regard to the race, color, disability, sex, religion, age, | ||
or national origin of the appointee. | ||
Sec. 2210.263. APPEALS PANEL: TERMS; VACANCY. (a) Members | ||
of the appeals panel serve two-year staggered terms, with terms of | ||
either three or four members expiring on January 1 of each year. | ||
(b) The governor shall fill a vacancy on the appeals panel | ||
in accordance with Section 2210.262. | ||
Sec. 2210.264. APPEALS PANEL: POWERS AND DUTIES. (a) | ||
Within a reasonable time after receipt of a request for appeal, the | ||
appeals panel shall conduct a hearing on the request and determine | ||
whether the requested certificate of compliance should be issued. | ||
(b) In making its determination, the appeals panel shall | ||
consider the written request for appeal and the department's | ||
response. | ||
(c) The appeals panel may require the head engineer of the | ||
unit responsible for certification of windstorm inspections at the | ||
department to advise the appeals panel on issues relating to the | ||
inspection process. | ||
Sec. 2210.265. APPEALS PANEL: CONFLICT OF INTEREST. The | ||
appeals panel shall determine if a member of the appeals panel has a | ||
conflict of interest regarding a request for appeal. The member | ||
with the conflict of interest shall recuse himself or herself from | ||
all proceedings relating to that request. | ||
Sec. 2210.266. APPEALS PANEL: HEARING PROCEDURES. (a) | ||
Each party to a hearing conducted by the appeals panel may be | ||
represented by an attorney licensed to practice law in this state. | ||
(b) The standard of review for an appeal filed under Section | ||
2210.261 is de novo. | ||
(c) All appeals panel proceedings shall be conducted in | ||
Travis County. | ||
Sec. 2210.267. APPEALS PANEL: DECISION. (a) Within a | ||
reasonable time after the conclusion of the hearing, the appeals | ||
panel shall issue a written decision reflecting the appeals panel's | ||
determination under Section 2210.264. | ||
(b) If the appeals panel is unable to reach a decision, the | ||
appeals panel shall affirm the decision of the department. | ||
(c) The appeals panel shall mail a copy of the appeals | ||
panel's decision to each party not later than the seventh day after | ||
the date the appeals panel renders its decision. | ||
(d) Subject to Subsection (e), if the appeals panel | ||
determines that a certificate of compliance should be issued, the | ||
department shall promptly issue the certificate. | ||
(e) A decision made by the appeals panel under this | ||
subchapter is subject to judicial review under Chapter 2001, | ||
Government Code. | ||
Sec. 2210.268. APPEALS PANEL: ADMINISTRATION. The appeals | ||
panel is administratively attached to the department. The | ||
department shall provide the staff, services, and facilities | ||
necessary for the appeals panel to operate, including: | ||
(1) administrative assistance and services, including | ||
budget planning and purchasing; | ||
(2) personnel services; | ||
(3) office space; and | ||
(4) computer equipment and support. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a decision by the Texas Department of Insurance to reject a request | ||
for a certificate of compliance issued on or after the effective | ||
date of this Act. A decision issued before the effective date of | ||
this Act is governed by the law as it existed immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 4. This Act takes effect September 1, 2017. |