89R22768 DNC-F
By: Smithee, Paul, et al. H.B. No. 2841
Substitute the following for H.B. No. 2841:
By: Dean C.S.H.B. No. 2841
A BILL TO BE ENTITLED
AN ACT
relating to Texas Windstorm Insurance Association underwriting
standards for structures that meet certain construction standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2210.152, Insurance Code, is amended by
adding Subsection (d) to read as follows:
(d) The plan of operation must provide that certification
that a structure meets the fortified home, multifamily, or
commercial construction standards published by the Insurance
Institute for Business and Home Safety or its successor entity is an
alternative to a certificate of compliance issued under Section
2210.2515 for purposes of Section 2210.258.
SECTION 2. Section 2210.258, Insurance Code, is amended by
amending Subsections (a) and (b) and adding Subsection (e) to read
as follows:
(a) Except as provided by Subsections (c), [and] (d), and
(e) 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. 4409, 81st
Legislature, Regular Session, 2009, must be performed in compliance
with the applicable building code standards, as set forth in the
plan of operation.
(b) Except as provided by Subsections (c), [and] (d), and
(e), the association may not insure a structure described by
Subsection (a) until a certificate of compliance has been issued
for the structure in accordance with Section 2210.2515.
(e) The association may insure a structure constructed,
altered, remodeled, enlarged, repaired, or added to on or after
June 19, 2009, for which a certificate of compliance has not been
issued in accordance with Section 2210.2515, provided that the
department and the association have received a certification that
the structure was constructed in accordance with or retrofitted to
meet the fortified home, multifamily, or commercial construction
standards published by the Insurance Institute for Business and
Home Safety or its successor entity.
SECTION 3. Section 2210.259, Insurance Code, is amended by
adding Subsection (d) to read as follows:
(d) This section does not apply to an insurance policy
insuring a structure eligible for coverage under Section
2210.258(e).
SECTION 4. (a) The changes in law made by this Act apply
only to a structure constructed, altered, remodeled, enlarged,
repaired, or added to on or after the effective date of this Act.
(b) As soon as practicable after the effective date of this
Act, the Texas Windstorm Insurance Association shall propose to the
commissioner of insurance amendments to the association's plan of
operation to conform to the changes in law made by this Act.
SECTION 5. This Act takes effect September 1, 2025.