Texas 2017 - 85th Regular

Texas House Bill HB1587 Compare Versions

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

Old	New	Differences
1	1	85R6149 SCL-D
2	2	By: Lozano H.B. No. 1587
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-a) and adding Subdivision (1-b) to read as
13	13	follows:
14	14	(1-a) "Appeals panel" means the appeals panel
15	15	established under Section 2210.262.
16	16	(1-b) "Association" means the Texas Windstorm
17	17	Insurance Association.
18	18	SECTION 2. Subchapter F, Chapter 2210, Insurance Code, is
19	19	amended by adding Sections 2210.261 through 2210.268 to read as
20	20	follows:
21	21	Sec. 2210.261. REQUEST FOR APPEAL; RESPONSE. (a) A person
22	22	whose request for a certificate of compliance is rejected may
23	23	appeal the decision rejecting the request by filing a written
24	24	request for appeal with the appeals panel established under Section
25	25	2210.262, and contemporaneously providing a copy of the request for
26	26	appeal to the department. The request for appeal must be made not
27	27	later than the 90th day after the date the department issued a
28	28	decision rejecting the request for certification.
29	29	(b) The department shall file a written response with the
30	30	appeals panel not later than the 15th day after the date on which
31	31	the request for appeal is filed and shall on the same date serve a
32	32	copy of the response on the appellant.
33	33	Sec. 2210.262. APPEALS PANEL: COMPOSITION. (a) The
34	34	appeals panel is composed of seven members appointed by the
35	35	governor.
36	36	(b) Three members must:
37	37	(1) be engineers licensed by, and in good standing
38	38	with, the Texas Board of Professional Engineers; and
39	39	(2) have knowledge of and professional expertise in
40	40	wind-related design and construction practices in coastal areas
41	41	subject to high winds and hurricanes.
42	42	(c) Two members must be public members who, at the time of
43	43	each appointment, reside in different first tier coastal counties.
44	44	(d) One member must be a licensed general property and
45	45	casualty agent who is not a captive agent.
46	46	(e) One member must represent the construction industry and
47	47	have knowledge of and professional expertise in wind-related design
48	48	and construction practices in coastal areas subject to high winds
49	49	and hurricanes.
50	50	(f) All members of the appeals panel must reside or have
51	51	employment in a first tier coastal county.
52	52	(g) Each appointment to the appeals panel must be made
53	53	without regard to the race, color, disability, sex, religion, age,
54	54	or national origin of the appointee.
55	55	Sec. 2210.263. APPEALS PANEL: TERMS; VACANCY. (a) Members
56	56	of the appeals panel serve two-year staggered terms, with terms of
57	57	either three or four members expiring on January 1 of each year.
58	58	(b) The governor shall fill a vacancy on the appeals panel
59	59	in accordance with Section 2210.262.
60	60	Sec. 2210.264. APPEALS PANEL: POWERS AND DUTIES. (a)
61	61	Within a reasonable time after receipt of a request for appeal, the
62	62	appeals panel shall conduct a hearing on the request and determine
63	63	whether the requested certificate of compliance should be issued.
64	64	(b) In making its determination, the appeals panel shall
65	65	consider the written request for appeal and the department's
66	66	response.
67	67	(c) The appeals panel may require the head engineer of the
68	68	unit responsible for certification of windstorm inspections at the
69	69	department to advise the appeals panel on issues relating to the
70	70	inspection process.
71	71	Sec. 2210.265. APPEALS PANEL: CONFLICT OF INTEREST. The
72	72	appeals panel shall determine if a member of the appeals panel has a
73	73	conflict of interest regarding a request for appeal. The member
74	74	with the conflict of interest shall recuse himself or herself from
75	75	all proceedings relating to that request.
76	76	Sec. 2210.266. APPEALS PANEL: HEARING PROCEDURES. (a)
77	77	Each party to a hearing conducted by the appeals panel may be
78	78	represented by an attorney licensed to practice law in this state.
79	79	(b) The standard of review for an appeal filed under Section
80	80	2210.261 is de novo.
81	81	(c) All appeals panel proceedings shall be conducted in
82	82	Travis County.
83	83	Sec. 2210.267. APPEALS PANEL: DECISION. (a) Within a
84	84	reasonable time after the conclusion of the hearing, the appeals
85	85	panel shall issue a written decision reflecting the appeals panel's
86	86	determination under Section 2210.264.
87	87	(b) If the appeals panel is unable to reach a decision, the
88	88	appeals panel shall affirm the decision of the department.
89	89	(c) The appeals panel shall mail a copy of the appeals
90	90	panel's decision to each party not later than the seventh day after
91	91	the date the appeals panel renders its decision.
92	92	(d) Subject to Subsection (e), if the appeals panel
93	93	determines that a certificate of compliance should be issued, the
94	94	department shall promptly issue the certificate.
95	95	(e) A decision made by the appeals panel under this
96	96	subchapter is subject to judicial review under Chapter 2001,
97	97	Government Code.
98	98	Sec. 2210.268. APPEALS PANEL: ADMINISTRATION. The appeals
99	99	panel is administratively attached to the department. The
100	100	department shall provide the staff, services, and facilities
101	101	necessary for the appeals panel to operate, including:
102	102	(1) administrative assistance and services, including
103	103	budget planning and purchasing;
104	104	(2) personnel services;
105	105	(3) office space; and
106	106	(4) computer equipment and support.
107	107	SECTION 3. The changes in law made by this Act apply only to
108	108	a decision by the Texas Department of Insurance to reject a request
109	109	for a certificate of compliance issued on or after the effective
110	110	date of this Act. A decision issued before the effective date of
111	111	this Act is governed by the law as it existed immediately before the
112	112	effective date of this Act, and that law is continued in effect for
113	113	that purpose.
114	114	SECTION 4. This Act takes effect September 1, 2017.