By: Taylor of Galveston S.B. No. 498
(In the Senate - Filed February 9, 2015; February 11, 2015,
read first time and referred to Committee on Business and Commerce;
April 15, 2015, reported favorably by the following vote: Yeas 8,
Nays 1; April 15, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to building code requirements for residential property
insured by the Texas Windstorm Insurance Association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2210.251(f), Insurance Code, is amended
to read as follows:
(f) Notwithstanding any other provision of this section,
insurance coverage for a residential structure may be issued or
renewed through the association subject to the inspection
requirements imposed under Section 2210.258, if applicable. [This
subsection expires December 31, 2015.]
SECTION 2. Sections 2210.258(a) and (c), Insurance Code,
are 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.
(c) The association may insure a residential structure
constructed, altered, remodeled, enlarged, repaired, or added to on
or after June 19, 2009, that is not in compliance with the
applicable building code standards, as set forth in the plan of
operation, provided that:
(1) the structure had been insured on or after June 19,
2009, by an insurer in the private market that canceled or
nonrenewed the insurance coverage of the structure [before December
31, 2015];
(2) the applicant provides to the association proof
that insurance coverage that was issued to the applicant or the
previous insured for the structure was canceled or nonrenewed in
the private market as described by Subdivision (1); and
(3) no construction, alteration, remodeling,
enlargement, or repair of, or addition to, the structure occurred
after cancellation or nonrenewal of the coverage and before
submission of an application for coverage through the association.
SECTION 3. Section 2210.2581, Insurance Code, is repealed.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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