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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to a grant program for hurricane and windstorm loss |
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10 | 10 | | mitigation for single-family residential property. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subtitle A, Title 10, Insurance Code, is amended |
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13 | 13 | | by adding Chapter 1813 to read as follows: |
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14 | 14 | | CHAPTER 1813. GRANT PROGRAM FOR HURRICANE AND WINDSTORM LOSS |
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15 | 15 | | MITIGATION FOR SINGLE-FAMILY RESIDENTIAL PROPERTY |
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16 | 16 | | Sec. 1813.001. DEFINITION. In this chapter, "program" |
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17 | 17 | | means the hurricane and windstorm loss prevention grant program |
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18 | 18 | | established under this chapter. |
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19 | 19 | | Sec. 1813.002. CONSTRUCTION OF CHAPTER. This chapter does |
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20 | 20 | | not create an entitlement for property owners or obligate the state |
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21 | 21 | | to fund the inspection or retrofitting of residential property in |
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22 | 22 | | this state. |
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23 | 23 | | Sec. 1813.003. RULEMAKING. The commissioner may adopt |
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24 | 24 | | rules necessary to implement this chapter. |
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25 | 25 | | Sec. 1813.004. ESTABLISHMENT OF PROGRAM. The commissioner |
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26 | 26 | | shall establish the hurricane and windstorm loss prevention grant |
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27 | 27 | | program to provide grants to retrofit eligible residential property |
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28 | 28 | | to resist hurricane and windstorm losses. |
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29 | 29 | | Sec. 1813.005. ELIGIBILITY. An owner of residential |
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30 | 30 | | property may apply for a grant under the program if: |
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31 | 31 | | (1) the property to be retrofitted is: |
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32 | 32 | | (A) a single-family home or HUD-code |
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33 | 33 | | manufactured home, as defined by Section 1201.003, Occupations |
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34 | 34 | | Code; and |
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35 | 35 | | (B) the owner's residence homestead, as defined |
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36 | 36 | | by Section 11.13, Tax Code; and |
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37 | 37 | | (2) the owner and the property meet other eligibility |
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38 | 38 | | requirements for the program prescribed by commissioner rule. |
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39 | 39 | | Sec. 1813.006. AWARD OF GRANTS. The commissioner may award |
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40 | 40 | | grants under the program to eligible applicants to ensure the state |
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41 | 41 | | purpose of protecting public safety during a hurricane or windstorm |
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42 | 42 | | is achieved. The commissioner may only award a grant under a |
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43 | 43 | | contract between the department and a grant recipient that includes |
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44 | 44 | | provisions under which the department is given sufficient control |
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45 | 45 | | to ensure the state purpose is accomplished and the state receives |
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46 | 46 | | the return benefit. |
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47 | 47 | | Sec. 1813.007. USE OF GRANT. (a) A grant under the program |
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48 | 48 | | must be used to retrofit the property that is the subject of the |
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49 | 49 | | grant to one of the following: |
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50 | 50 | | (1) the fortified home hurricane standard or fortified |
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51 | 51 | | home high wind and hail standard adopted by the Institute for |
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52 | 52 | | Business and Home Safety; or |
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53 | 53 | | (2) another mitigation program, construction |
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54 | 54 | | technique, or standardized code that may be submitted by an insurer |
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55 | 55 | | and approved by the commissioner. |
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56 | 56 | | (b) A property that is a HUD-code manufactured home, as |
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57 | 57 | | defined by Section 1201.003, Occupations Code, in wind zone III as |
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58 | 58 | | designated by the United States Department of Housing and Urban |
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59 | 59 | | Development must be retrofitted to the fortified home hurricane |
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60 | 60 | | manufactured/modular home guidelines adopted by the Institute for |
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61 | 61 | | Business and Home Safety. |
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62 | 62 | | Sec. 1813.008. PERMITTING AND INSPECTIONS. (a) The |
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63 | 63 | | recipient of a grant under this chapter shall secure all required |
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64 | 64 | | local permits and inspections for a retrofitting project to be |
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65 | 65 | | performed using the grant and ensure that the project is performed |
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66 | 66 | | in accordance with local building codes. |
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67 | 67 | | (b) The department or a political subdivision in which |
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68 | 68 | | property for which a grant is awarded is located may inspect the |
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69 | 69 | | property at any time during the progress of or following completion |
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70 | 70 | | of the retrofitting project for compliance with laws applicable to |
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71 | 71 | | the project. |
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72 | 72 | | Sec. 1813.009. HURRICANE AND WINDSTORM MITIGATION ACCOUNT. |
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73 | 73 | | (a) The hurricane and windstorm mitigation account is a dedicated |
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74 | 74 | | account in the general revenue fund. Money in the account may be |
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75 | 75 | | appropriated only to the department and only for the purpose of |
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76 | 76 | | implementing the program. |
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77 | 77 | | (b) The account is composed of: |
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78 | 78 | | (1) gifts, grants, donations, and legislative |
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79 | 79 | | appropriations; and |
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80 | 80 | | (2) interest earned on the investment of money in the |
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81 | 81 | | account. |
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82 | 82 | | (c) Section 403.0956, Government Code, does not apply to the |
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83 | 83 | | account. |
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84 | 84 | | (d) The department administers the account. The department |
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85 | 85 | | may solicit and receive gifts, grants, and donations from any |
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86 | 86 | | source for the benefit of the account. |
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87 | 87 | | Sec. 1813.010. NONPROFIT ADMINISTRATION. (a) The |
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88 | 88 | | commissioner may make grants or funding available through the |
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89 | 89 | | program to a nonprofit organization for use by the organization to |
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90 | 90 | | retrofit eligible property in the manner required by this chapter. |
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91 | 91 | | (b) A nonprofit organization that received a grant or |
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92 | 92 | | funding under this section must administer the grant or funding in |
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93 | 93 | | the same manner as the program is required to administer grants or |
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94 | 94 | | funding. The organization shall provide any documentation |
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95 | 95 | | requested by the department in a timely manner. |
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96 | 96 | | SECTION 2. This Act takes effect September 1, 2025. |
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