Bill Text: TX SB2305 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain functions of the Texas Windstorm Insurance Association and a study regarding a merger of the Texas Windstorm Insurance Association and the Fair Access to Insurance Requirements Plan; authorizing a penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-21 - Placed on General State Calendar [SB2305 Detail]
Download: Texas-2019-SB2305-Introduced.html
Bill Title: Relating to certain functions of the Texas Windstorm Insurance Association and a study regarding a merger of the Texas Windstorm Insurance Association and the Fair Access to Insurance Requirements Plan; authorizing a penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-21 - Placed on General State Calendar [SB2305 Detail]
Download: Texas-2019-SB2305-Introduced.html
86R13859 JES-F | ||
By: Taylor | S.B. No. 2305 |
|
||
|
||
relating to the certification of certain improvements by the Texas | ||
Department of Insurance in connection with the issuance of | ||
insurance by the Texas Windstorm Insurance Association; | ||
authorizing a penalty. | ||
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 [ |
||
|
||
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) and (e) and adding Subsections (i) and (j) | ||
to read as follows: | ||
(c) A person may apply to the department [ |
||
form prescribed by the department for a certificate of compliance | ||
for a completed improvement. Except as provided by Subsection (e), | ||
the [ |
||
compliance for a completed improvement if a professional engineer | ||
licensed by the Texas Board of Professional Engineers inspects the | ||
completed improvement in accordance with commissioner rule and | ||
affirms the improvement complies [ |
||
[ |
||
|
||
|
||
with the applicable building code under the plan of operation and, | ||
if a design of the completed improvement affixed with the seal of a | ||
licensed professional engineer was submitted, that the improvement | ||
conforms to the design[ |
||
[ |
||
|
||
|
||
(e) Except as otherwise provided by this subchapter, the | ||
department may not issue a certificate of compliance under | ||
Subsection (c) or (d) if within six months after the date of the | ||
final inspection of the structure that is the subject of the | ||
application, the department has not received: | ||
(1) fully completed forms prescribed by the department | ||
demonstrating that the improvement satisfies the requirements | ||
under Subsection (c) or Subsection (d)(1) or (2), as applicable; | ||
and | ||
(2) payment in full of all inspection fees, including | ||
fees for prior department inspections, owed to the department. | ||
(i) The department may rescind a certificate of compliance | ||
issued under this section if the department finds that the | ||
certificate was improperly issued. | ||
(j) If the department finds that a professional engineer has | ||
failed to provide complete and accurate information in connection | ||
with an application for a certificate of compliance under this | ||
section, the department may: | ||
(1) impose a reasonable penalty on the professional | ||
engineer, including prohibiting the engineer from applying for | ||
certificates of compliance under this section; or | ||
(2) submit a formal complaint to the Texas Board of | ||
Professional Engineers recommending license revocation. | ||
SECTION 3. Section 2210.2515(f), Insurance Code, is | ||
repealed. | ||
SECTION 4. (a) Section 2210.251(g), Insurance Code, as | ||
amended by this Act, does not affect the status of a certificate of | ||
compliance issued by the Texas Windstorm Insurance Association | ||
before January 1, 2019, or after January 1, 2019, in response to an | ||
application made before that date for purposes of establishing | ||
evidence of insurability. | ||
(b) 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, 2020. An application for a certificate | ||
of compliance made before January 1, 2020, 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, 2019. |