Bill Text: TX HB1864 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the authority of the Texas Department of Insurance and the Texas Windstorm Insurance Association to issue certificates of compliance for association coverage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Insurance [HB1864 Detail]
Download: Texas-2021-HB1864-Introduced.html
87R4486 SMT-D | ||
By: Lucio III | H.B. No. 1864 |
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relating to the authority of the Texas Department of Insurance and | ||
the Texas Windstorm Insurance Association to issue certificates of | ||
compliance for association coverage. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2210.251(g), Insurance Code, is amended | ||
to read as follows: | ||
(g) A certificate of compliance issued by the department or | ||
association under Section 2210.2515 demonstrates compliance with | ||
the applicable building code under the plan of operation. The | ||
certificate is evidence of insurability of the structure by the | ||
association. | ||
SECTION 2. Section 2210.2515, Insurance Code, is amended by | ||
amending Subsections (c), (c-1), (i), and (k) and adding Subsection | ||
(f) to read as follows: | ||
(c) A person may apply to the association [ |
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form prescribed by the department for a certificate of compliance | ||
for a completed improvement. The association [ |
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issue a certificate of compliance for a completed improvement if a | ||
professional engineer licensed by the Texas Board of Professional | ||
Engineers and Land Surveyors: | ||
(1) has designed the improvement, has affixed the | ||
engineer's seal on the design, and submits to the association | ||
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that the design complies with the applicable building code under | ||
the plan of operation and that the improvement was constructed in | ||
accordance with the design; or | ||
(2) completes and submits to the association | ||
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(A) confirms the improvement's compliance with | ||
the applicable building code under the plan of operation; and | ||
(B) includes documentation supporting the | ||
engineer's post-construction evaluation report on a form | ||
prescribed by the department on which the engineer has affixed the | ||
engineer's seal. | ||
(c-1) The association [ |
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for a certificate of compliance under Subsection (c) if the | ||
evaluation report or the form prescribed by the department under | ||
Subsection (c)(1) is not fully documented as required under | ||
Subsection (c). | ||
(f) If the department determines not to issue a certificate | ||
of compliance under Subsection (e), a person may apply for a | ||
certificate of compliance under Subsection (c). | ||
(i) The association [ |
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formal complaint under Chapter 1001, Occupations Code, to the Texas | ||
Board of Professional Engineers and Land Surveyors related to the | ||
engineering work of a professional engineer as reflected in the | ||
sealed post-construction evaluation report or other materials | ||
submitted by an engineer under Subsection (c). | ||
(k) The department or association may rescind a certificate | ||
of compliance issued under this section if the department finds | ||
that the improvement does not comply with the applicable building | ||
code under the plan of operation. The commissioner may adopt rules | ||
as necessary to implement this subsection. | ||
SECTION 3. The commissioner of insurance shall adopt rules | ||
to implement this Act not later than December 31, 2021. | ||
SECTION 4. Section 2210.2515, Insurance Code, as amended by | ||
this Act, applies only to an application for a certificate of | ||
compliance made on or after January 1, 2022. An application for a | ||
certificate of compliance made before January 1, 2022, 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 5. This Act takes effect September 1, 2021. |