89R5278 DNC-D
By: Oliverson, et al. H.B. No. 1576
A BILL TO BE ENTITLED
AN ACT
relating to a grant program for hurricane and windstorm loss
mitigation for single-family residential property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 10, Insurance Code, is amended
by adding Chapter 1813 to read as follows:
CHAPTER 1813. GRANT PROGRAM FOR HURRICANE AND WINDSTORM LOSS
MITIGATION FOR SINGLE-FAMILY RESIDENTIAL PROPERTY
Sec. 1813.001. DEFINITION. In this chapter, "program"
means the hurricane and windstorm loss prevention grant program
established under this chapter.
Sec. 1813.002. CONSTRUCTION OF CHAPTER. This chapter does
not create an entitlement for property owners or obligate the state
to fund the inspection or retrofitting of residential property in
this state.
Sec. 1813.003. RULEMAKING. The commissioner may adopt
rules necessary to implement this chapter.
Sec. 1813.004. ESTABLISHMENT OF PROGRAM. The commissioner
shall establish the hurricane and windstorm loss prevention grant
program to provide grants to retrofit eligible residential property
to resist hurricane and windstorm losses.
Sec. 1813.005. ELIGIBILITY. An owner of residential
property may apply for a grant under the program if:
(1) the property to be retrofitted is:
(A) a single-family home or HUD-code
manufactured home, as defined by Section 1201.003, Occupations
Code; and
(B) the owner's residence homestead, as defined
by Section 11.13, Tax Code; and
(2) the owner and the property meet other eligibility
requirements for the program prescribed by commissioner rule.
Sec. 1813.006. AWARD OF GRANTS. The commissioner may award
grants under the program to eligible applicants to ensure the state
purpose of protecting public safety during a hurricane or windstorm
is achieved. The commissioner may only award a grant under a
contract between the department and a grant recipient that includes
provisions under which the department is given sufficient control
to ensure the state purpose is accomplished and the state receives
the return benefit.
Sec. 1813.007. USE OF GRANT. (a) A grant under the program
must be used to retrofit the property that is the subject of the
grant to one of the following:
(1) the fortified home hurricane standard or fortified
home high wind and hail standard adopted by the Institute for
Business and Home Safety; or
(2) another mitigation program, construction
technique, or standardized code that may be submitted by an insurer
and approved by the commissioner.
(b) A property that is a HUD-code manufactured home, as
defined by Section 1201.003, Occupations Code, in wind zone III as
designated by the United States Department of Housing and Urban
Development must be retrofitted to the fortified home hurricane
manufactured/modular home guidelines adopted by the Institute for
Business and Home Safety.
Sec. 1813.008. PERMITTING AND INSPECTIONS. (a) The
recipient of a grant under this chapter shall secure all required
local permits and inspections for a retrofitting project to be
performed using the grant and ensure that the project is performed
in accordance with local building codes.
(b) The department or a political subdivision in which
property for which a grant is awarded is located may inspect the
property at any time during the progress of or following completion
of the retrofitting project for compliance with laws applicable to
the project.
Sec. 1813.009. HURRICANE AND WINDSTORM MITIGATION ACCOUNT.
(a) The hurricane and windstorm mitigation account is a dedicated
account in the general revenue fund. Money in the account may be
appropriated only to the department and only for the purpose of
implementing the program.
(b) The account is composed of:
(1) gifts, grants, donations, and legislative
appropriations; and
(2) interest earned on the investment of money in the
account.
(c) Section 403.0956, Government Code, does not apply to the
account.
(d) The department administers the account. The department
may solicit and receive gifts, grants, and donations from any
source for the benefit of the account.
Sec. 1813.010. NONPROFIT ADMINISTRATION. (a) The
commissioner may make grants or funding available through the
program to a nonprofit organization for use by the organization to
retrofit eligible property in the manner required by this chapter.
(b) A nonprofit organization that received a grant or
funding under this section must administer the grant or funding in
the same manner as the program is required to administer grants or
funding. The organization shall provide any documentation
requested by the department in a timely manner.
SECTION 2. This Act takes effect September 1, 2025.