HBA-ATS H.B. 3264 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3264 By: Uher Insurance 3/25/1999 Introduced BACKGROUND AND PURPOSE Under current law, all structures that are constructed or repaired or to which additions are made on or after January 1, 1988, must be inspected or approved by the State Board of Insurance (board) (succeeded by the commissioner of insurance) to determine whether these structures comply with the building specifications in the plan for providing windstorm and hail insurance in a catastrophe area, and fire and explosion insurance in an inadequate fire insurance area. Without inspection or approval, these structures are not considered insurable property for windstorm and hail insurance from the Texas Windstorm Insurance Association. The inspection of these buildings is carried out by a qualified inspector, who must be approved and appointed or employed by the board. H.B. 3264 deletes the requirement that qualified building inspectors must be appointed or employed by the board to perform building inspections. As amended, the law provides only for the approval of a qualified inspector. In addition, this bill requires the board to approve qualified inspectors employed by municipalities that use the Texas Department of Insurance's standard windload threshold, as adopted by the Association of Civil Service Engineers' rule 7-93, to determine eligibility for the Texas Windstorm Insurance Association's windpool. These inspectors employed by municipalities are required to meet all inspection and certification requirements used by the Texas Department of Insurance, as defined by the Southern Building Code Congress International coastal construction certification, before approval is granted by the board. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subsection (d), Section 6A, Article 21.49, Insurance Code, to add a provision requiring the State Board of Insurance (board) (succeeded by the commissioner of insurance) to approve qualified inspectors employed by municipalities that use the Texas Department of Insurance's standard windload threshold, as adopted by the Association of Civil Service Engineers' rule 7-93, to determine eligibility for the Texas Windstorm Insurance Association's windpool. Requires qualified inspectors employed by municipalities to meet all inspection and certification requirements used by the Texas Department of Insurance, as defined by the Southern Building Code Congress International coastal construction certification, before approval is granted by the board. Deletes the requirement that qualified building inspectors must be appointed or employed by the board to perform building inspections. Makes a conforming change. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.