19
Feature
Code and Occupations Code relating to
inspections and other activities conducted by
engineers in connection with the issuance of
certain windstorm and hail insurance under
the Texas Windstorm Insurance Association
(TWIA). Provides for less oversight by the Texas
Department of Insurance (TDI) over engineers
that perform windstorm inspections. Amends
certain requirements that an engineer be on the
TDI roster to be a qualified inspector under the
windstorm statutes. Adds language prohibiting
the TDI commissioner from adopting or enforcing
a rule that requires an engineer to affix the
engineer's seal to a document related to an
inspection conducted under the subchapter.
Adds certain construction that is designed and
sealed by a professional engineer as property
insurable under TWIA without the traditional
oversight by TDI. Repeals the requirement that
certain windstorm inspectors be appointed by
TDI. Strips certain disciplinary powers from the
TDI commissioner that he/she may take against
professional engineers. Deletes Subchapter N
(windstorm-related design services) from Chapter
1001 of the Occupations Code (Engineers).
Effective Sept. 1, 2015.
SB 498 (Sen. L. Taylor/Rep. D. Bonnen)
Relating to building code requirements
for residential property insured by the
Texas Windstorm Insurance Association
.
Ensures access to the TWIA “waiver” program
for current structures that do not have evidence
of meeting windstorm insurance coverage
requirements.The program would otherwise expire
at the end of 2015. Repeals Sec. 2210.2581
relating to coverage for homes built before 1988.
Effective Immediately.
*SB 900 (Sen. L. Taylor/Rep. G. Bonnen)
Relating to the operation of the Texas
Windstorm Insurance Association and
the renaming of the Texas Windstorm
Insurance Association as the Texas
Coastal Insurance Association.
Amends
the Insurance Code relating to the operation
of the Texas Windstorm Insurance Association
(TWIA). Allows the Commissioner of Insurance
to contract with an administrator to manage
TWIA and administer the plan of operation if
it is determined by the commissioner to be in
the best interest of the policyholders and the
public. Grants the commissioner rulemaking
authority to implement the contract. Modifies
the manner in which insured losses in excess
of reserves and amounts available in the
Catastrophe Reserve Trust Fund (CRTF) would
be paid. Requires the Comptroller to invest
the portion of the CRTF that is above the
required balances. Amends Chapter 2210
of the Insurance Code to require the Texas
Department of Insurance (TDI) to conduct a
biennial study of market incentives to promote
participation in the voluntary windstorm and
hail insurance market in the seacoast territory
and include the results of the study in the
report submitted by TDI under Section 32.022
of the Insurance Code. Creates or recreates
a dedicated account in the General Revenue
Fund, creates or recreates a special or trust
fund either within or outside of the Treasury, or
creates a dedicated revenue source. The fund,
account, or revenue dedication included in the
bill would be subject to funds consolidation
review by the current Legislature.
Effective Sept. 1, 2015.
CITY AND COUNTY AUTHORITY,
DEVELOPMENT AND ZONING
HB 40 (Rep. Darby/Sen. Fraser)
Relating
to the express preemption of regulation
of oil and gas operations and the
exclusive jurisdiction of those operations
by the state.
Amends the Natural Resources
Code to specify oil and gas operation is exclusive
jurisdiction of the state and a political subdivision
may not enact or enforce and ordinance that
bans, limits or regulates oil and gas operation.
Permits a municipality to enact, amend, or
enforce certain ordinances or measures that meet
criteria set forth under the provisions of the bill.
Under the provisions of the bill, an ordinance is
considered to be commercially reasonable if the
ordinance has been in effect for at least five years
and has allowed the oil and gas operations to
continue during that period.
Effective Immediately.
______________________________________________________________________________________________________________________________________
introduced HB 13 which would have dedicated
$3 billion of the state’s general sales tax to
the State Highway Fund.
As the last day of session approached, the
transportation funding proposal was seemingly
left to die among the thousands of bills that
fail to pass each session. TAB worked with
other interest groups on a steady and proactive
approach to garner attention for this critical
issue by urging the Texas Legislature to remain
focused on the state’s needs and to re-consider
the transportation funding proposal. If legislation
did not pass during the regular session, Governor
Abbott would have likely called the legislature
back for a special session to finalize a solution
for this emergency item. It was only two years
ago that the legislature met for three special
sessions on the topic of transportation funding.
In the last week of session, the House and
the Senate reached an agreement to provide
a long-term, dedicated funding source for the
state’s growing transportation needs. SJR 5
was amended to dedicate $2.5 billion of the
general sales tax to the State Highway Fund
and to dedicate a portion of motor vehicle
sales tax beginning in 2020.
In conclusion,the legislature came toanagreement
and outlined an adequate funding source for the
state’s current and future transportation needs.
Many of Texas’ elected officials fulfilled their
promise by passing the proposal and now the
final outcome is up toTexas voters. In order for this
funding proposal to become law, voters should
vote YES on Proposition 7 on the November 3
ballot. Take the TAB Voter Guide with you to the
polls (See Page 24)!
*
Denotes a TAB Priority Bill
