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Amend SB 463 as follows:
(1) Strike SECTION 1 of the bill (page 1, line 5, through page 2, line 18, house committee printing) and substitute the
following:
SECTION 1. Section 3(f), Article 21.49, Insurance Code, is
amended to read as follows:
(f) "Insurable Property" means immovable property at fixed
locations in a catastrophe area or corporeal movable property
located therein (as may be designated in the plan of operation)
which property is determined by the Association, pursuant to the
criteria specified in the plan of operation to be in an insurable
condition against windstorm, hail and/or fire and explosion as
appropriate, as determined by normal underwriting standards;
provided, however, that insofar as windstorm and hail insurance is
concerned, any structure located within a catastrophe area,
commenced on or after the 30th day following the publication of the
plan of operation, not built or continuing in compliance with
building specifications set forth in the plan of operation shall
not be an insurable risk under this Act except as otherwise provided
under this Act. A structure, or an addition thereto, which is
constructed in conformity with plans and specifications that comply
with the specifications set forth in the plan of operation at the
time construction commences shall not be declared ineligible for
windstorm and hail insurance as a result of subsequent changes in
the building specifications set forth in the plan of operation.
When repair of damage to a structure involves replacement of items
covered in the building specifications as set forth in the plan of
operation, such repairs must be completed in a manner to comply with
such specifications for the structure to continue within the
definition of Insurable Property for windstorm and hail insurance.
Nothing in this Act shall preclude special rating of individual
risks as may be provided in the plan of operation. For purposes of
this Act, all structures which are located within those areas
designated as units under the federal Coastal Barrier Resources Act
(Public Law 97-348) and for which construction has commenced on or
after January 1, 2003, [July 1, 1991] shall not be considered
insurable property.
(2) Insert the following new SECTION and renumber the
SECTIONS of the bill appropriately:
SECTION ____. A structure for which construction commenced
on or after July 1, 1991, but before January 1, 2003, is insurable
property for purposes of Section 3(f), Article 21.49, Insurance
Code, as amended by this Act.