Texas 2015 - 84th Regular

Texas House Bill HB3141 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R113 SCL-D
2	2	By: Lozano H.B. No. 3141
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the appeal of decisions by the Texas Department of
8	8	Insurance regarding issuance of certain certificates of compliance
9	9	under the Texas Windstorm Insurance Association Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2210.003, Insurance Code, is amended by
12	12	amending Subdivision (1) and adding Subdivision (1-a) to read as
13	13	follows:
14	14	(1) "Appeals panel" means the appeals panel
15	15	established under Section 2210.262.
16	16	(1-a) "Association" means the Texas Windstorm
17	17	Insurance Association.
18	18	SECTION 2. Section 2210.251(g), Insurance Code, is amended
19	19	to read as follows:
20	20	(g) The department shall issue a certificate of compliance
21	21	for each structure that qualifies for coverage. The certificate is
22	22	evidence of insurability of the structure by the association.
23	23	Except as provided by Section 2210.264, the [The] decision whether
24	24	to issue a certificate of compliance for a structure is wholly
25	25	within the discretion of the department and is not dependent on the
26	26	actions of the Texas Board of Professional Engineers or any other
27	27	regulatory agency.
28	28	SECTION 3. Subchapter F, Chapter 2210, Insurance Code, is
29	29	amended by adding Sections 2210.261 through 2210.268 to read as
30	30	follows:
31	31	Sec. 2210.261. REQUEST FOR APPEAL; RESPONSE. (a) A person
32	32	whose request for a certificate of compliance is rejected may
33	33	appeal the decision rejecting the request by filing a written
34	34	request for appeal with the appeals panel established under Section
35	35	2210.262, and contemporaneously providing a copy of the request for
36	36	appeal to the department. The request for appeal must be made not
37	37	later than the 90th day after the date the department issued a
38	38	decision rejecting the request for certification.
39	39	(b) The department shall file a written response with the
40	40	appeals panel not later than the 15th day after the date on which
41	41	the request for appeal is filed and shall on the same date serve a
42	42	copy of the response on the appellant.
43	43	Sec. 2210.262. APPEALS PANEL: COMPOSITION. (a) The
44	44	appeals panel is composed of seven members appointed by the
45	45	governor.
46	46	(b) Three members must:
47	47	(1) be engineers licensed by, and in good standing
48	48	with, the Texas Board of Professional Engineers; and
49	49	(2) have knowledge of and professional expertise in
50	50	wind-related design and construction practices in coastal areas
51	51	subject to high winds and hurricanes.
52	52	(c) Two members must be public members who, at the time of
53	53	each appointment, reside in different first tier coastal counties.
54	54	(d) One member must be a licensed general property and
55	55	casualty agent who is not a captive agent.
56	56	(e) One member must represent the construction industry and
57	57	have knowledge of and professional expertise in wind-related design
58	58	and construction practices in coastal areas subject to high winds
59	59	and hurricanes.
60	60	(f) All members of the appeals panel must reside or have
61	61	employment in a first tier coastal county.
62	62	(g) Each appointment to the appeals panel must be made
63	63	without regard to the race, color, disability, sex, religion, age,
64	64	or national origin of the appointee.
65	65	Sec. 2210.263. APPEALS PANEL: TERMS; VACANCY. (a) Members
66	66	of the appeals panel serve two-year staggered terms, with terms of
67	67	either three or four members expiring on January 1 of each year.
68	68	(b) The governor shall fill a vacancy on the appeals panel
69	69	in accordance with Section 2210.262.
70	70	Sec. 2210.264. APPEALS PANEL: POWERS AND DUTIES. (a)
71	71	Within a reasonable time after receipt of a request for appeal, the
72	72	appeals panel shall conduct a hearing on the request and determine
73	73	whether the requested certificate of compliance should be issued.
74	74	(b) In making its determination, the appeals panel shall
75	75	consider the written request for appeal and the department's
76	76	response.
77	77	(c) The appeals panel may require the head engineer of the
78	78	unit responsible for certification of windstorm inspections at the
79	79	department to advise the appeals panel on issues relating to the
80	80	inspection process.
81	81	Sec. 2210.265. APPEALS PANEL: CONFLICT OF INTEREST. The
82	82	appeals panel shall determine if a member of the appeals panel has a
83	83	conflict of interest regarding a request for appeal. The member
84	84	with the conflict of interest shall recuse himself or herself from
85	85	all proceedings relating to that request.
86	86	Sec. 2210.266. APPEALS PANEL: HEARING PROCEDURES. (a)
87	87	Each party to a hearing conducted by the appeals panel may be
88	88	represented by an attorney licensed to practice law in this state.
89	89	(b) The standard of review for an appeal filed under Section
90	90	2210.261 is de novo.
91	91	(c) All appeals panel proceedings shall be conducted in
92	92	Travis County.
93	93	Sec. 2210.267. APPEALS PANEL: DECISION. (a) Within a
94	94	reasonable time after the conclusion of the hearing, the appeals
95	95	panel shall issue a written decision reflecting the appeals panel's
96	96	determination under Section 2210.264.
97	97	(b) If the appeals panel is unable to reach a decision, the
98	98	appeals panel shall affirm the decision of the department.
99	99	(c) The appeals panel shall mail a copy of the appeals
100	100	panel's decision to each party not later than the seventh day after
101	101	the date the appeals panel renders its decision.
102	102	(d) Subject to Subsection (e), if the appeals panel
103	103	determines that a certificate of compliance should be issued, the
104	104	department shall promptly issue the certificate.
105	105	(e) A decision made by the appeals panel under this
106	106	subchapter is subject to judicial review under Chapter 2001,
107	107	Government Code.
108	108	Sec. 2210.268. APPEALS PANEL: ADMINISTRATION. The appeals
109	109	panel is administratively attached to the department. The
110	110	department shall provide the staff, services, and facilities
111	111	necessary for the appeals panel to operate, including:
112	112	(1) administrative assistance and services, including
113	113	budget planning and purchasing;
114	114	(2) personnel services;
115	115	(3) office space; and
116	116	(4) computer equipment and support.
117	117	SECTION 4. The changes in law made by this Act apply only to
118	118	a decision by the Texas Department of Insurance to reject a request
119	119	for a certificate of compliance issued on or after the effective
120	120	date of this Act. A decision issued before the effective date of
121	121	this Act is governed by the law as it existed immediately before the
122	122	effective date of this Act, and that law is continued in effect for
123	123	that purpose.
124	124	SECTION 5. This Act takes effect September 1, 2015.