84R13043 SCL-F
By: Smith H.B. No. 2439
A BILL TO BE ENTITLED
AN ACT
relating to inspections and other activities conducted by engineers
in connection with the issuance of certain windstorm and hail
insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2210.254(a), Insurance Code, is amended
to read as follows:
(a) For purposes of this chapter, a "qualified inspector"
includes:
(1) a person determined by the department to be
qualified because of training or experience to perform building
inspections;
(2) a licensed professional engineer [who is on the
roster described by Section 1001.652, Occupations Code, and meets
the requirements specified by commissioner rule for appointment to
conduct windstorm inspections]; and
(3) an inspector who:
(A) is certified by the International Code
Council, the Building Officials and Code Administrators
International, Inc., the International Conference of Building
Officials, or the Southern Building Code Congress International,
Inc.;
(B) has certifications as a buildings inspector
and coastal construction inspector; and
(C) complies with other requirements specified
by commissioner rule.
SECTION 2. Section 2210.2551, Insurance Code, is amended by
amending Subsection (b) and adding Subsection (f) to read as
follows:
(b) The commissioner by rule shall establish criteria to
ensure that a person seeking appointment as a qualified inspector
under this subchapter[, including an engineer seeking appointment
under Section 2210.255,] possesses the knowledge, understanding,
and professional competence to perform windstorm inspections under
this chapter and to comply with other requirements of this chapter.
(f) The commissioner may not adopt or enforce a rule that
requires an inspection to be performed by an engineer licensed by
the Texas Board of Professional Engineers or requires an engineer
to affix the engineer's seal to a document related to an inspection
conducted under this subchapter.
SECTION 3. Section 2210.256(a-1), Insurance Code, is
amended to read as follows:
(a-1) In addition to any other action authorized under this
section, the commissioner ex parte may enter an emergency cease and
desist order under Chapter 83 against a qualified inspector, or a
person acting as a qualified inspector, if:
(1) the commissioner believes that:
(A) the qualified inspector has[:
[(i) through submitting or failing to
submit to the department sealed plans, designs, calculations, or
other substantiating information, failed to demonstrate that a
structure or a portion of a structure subject to inspection meets
the requirements of this chapter and department rules; or
[(ii)] refused to comply with requirements
imposed under this chapter or department rules; or
(B) the person acting as a qualified inspector is
acting without appointment as a qualified inspector under Section
2210.254 [or 2210.255]; and
(2) the commissioner determines that the conduct
described by Subdivision (1) is fraudulent or hazardous or creates
an immediate danger to the public.
SECTION 4. Section 2210.258(a), Insurance Code, is amended
to read as follows:
(a) Except as provided by Subsection (c) and Section
2210.2581 and notwithstanding any other provision of this chapter,
to be eligible for insurance through the association, all
construction, alteration, remodeling, enlargement, and repair of,
or addition to, any structure located in the catastrophe area that
is begun on or after the effective date of Sections 5 through 49,
H.B. No. 4409, Acts of the 81st Legislature, Regular Session, 2009,
must be performed in compliance with the applicable building code
standards, as set forth in the plan of operation, unless the
construction, alteration, remodeling, enlargement, and repair of,
or addition to, the structure is an enhancement to the current
applicable building code standards and has been designed and sealed
by a professional engineer licensed by the Texas Board of
Professional Engineers.
SECTION 5. Section 83.002(c), Insurance Code, is amended to
read as follows:
(c) This chapter also applies to:
(1) a person appointed as a qualified inspector under
Section 2210.254 [or 2210.255]; and
(2) a person acting as a qualified inspector under
Section 2210.254 [or 2210.255] without being appointed as a
qualified inspector under either of those sections.
SECTION 6. The following laws are repealed:
(1) Section 2210.255, Insurance Code;
(2) Sections 2210.2551(d) and (e), Insurance Code;
(3) Section 2210.256(f), Insurance Code; and
(4) Subchapter N, Chapter 1001, Occupations Code.
SECTION 7. The commissioner of insurance shall adopt rules
to implement this Act not later than December 31, 2015.
SECTION 8. This Act takes effect September 1, 2015.