84R13043 SCL-F
	By: Smith	H.B. No. 2439

	A BILL TO BE ENTITLED
	AN ACT
	relating to inspections and other activities conducted by engineers
	in connection with the issuance of certain windstorm and hail
	insurance.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 2210.254(a), Insurance Code, is amended
	to read as follows:
	(a)  For purposes of this chapter, a "qualified inspector"
	includes:
	(1)  a person determined by the department to be
	qualified because of training or experience to perform building
	inspections;
	(2)  a licensed professional engineer [who is on the
	roster described by Section 1001.652, Occupations Code, and meets
	the requirements specified by commissioner rule for appointment to
	conduct windstorm inspections]; and
	(3)  an inspector who:
	(A)  is certified by the International Code
	Council, the Building Officials and Code Administrators
	International, Inc., the International Conference of Building
	Officials, or the Southern Building Code Congress International,
	Inc.;
	(B)  has certifications as a buildings inspector
	and coastal construction inspector; and
	(C)  complies with other requirements specified
	by commissioner rule.
	SECTION 2.  Section 2210.2551, Insurance Code, is amended by
	amending Subsection (b) and adding Subsection (f) to read as
	follows:
	(b)  The commissioner by rule shall establish criteria to
	ensure that a person seeking appointment as a qualified inspector
	under this subchapter[, including an engineer seeking appointment
	under Section 2210.255,] possesses the knowledge, understanding,
	and professional competence to perform windstorm inspections under
	this chapter and to comply with other requirements of this chapter.
	(f)  The commissioner may not adopt or enforce a rule that
	requires an inspection to be performed by an engineer licensed by
	the Texas Board of Professional Engineers or requires an engineer
	to affix the engineer's seal to a document related to an inspection
	conducted under this subchapter.
	SECTION 3.  Section 2210.256(a-1), Insurance Code, is
	amended to read as follows:
	(a-1)  In addition to any other action authorized under this
	section, the commissioner ex parte may enter an emergency cease and
	desist order under Chapter 83 against a qualified inspector, or a
	person acting as a qualified inspector, if:
	(1)  the commissioner believes that:
	(A)  the qualified inspector has[:
	[(i)     through submitting or failing to
	submit to the department sealed plans, designs, calculations, or
	other substantiating information, failed to demonstrate that a
	structure or a portion of a structure subject to inspection meets
	the requirements of this chapter and department rules; or
	[(ii)]  refused to comply with requirements
	imposed under this chapter or department rules; or
	(B)  the person acting as a qualified inspector is
	acting without appointment as a qualified inspector under Section
	2210.254 [or 2210.255]; and
	(2)  the commissioner determines that the conduct
	described by Subdivision (1) is fraudulent or hazardous or creates
	an immediate danger to the public.
	SECTION 4.  Section 2210.258(a), Insurance Code, is amended
	to read as follows:
	(a)  Except as provided by Subsection (c) and Section
	2210.2581 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. No. 4409, Acts of the 81st Legislature, Regular Session, 2009,
	must be performed in compliance with the applicable building code
	standards, as set forth in the plan of operation, unless the
	construction, alteration, remodeling, enlargement, and repair of,
	or addition to, the structure is an enhancement to the current
	applicable building code standards and has been designed and sealed
	by a professional engineer licensed by the Texas Board of
	Professional Engineers.
	SECTION 5.  Section 83.002(c), Insurance Code, is amended to
	read as follows:
	(c)  This chapter also applies to:
	(1)  a person appointed as a qualified inspector under
	Section 2210.254 [or 2210.255]; and
	(2)  a person acting as a qualified inspector under
	Section 2210.254 [or 2210.255] without being appointed as a
	qualified inspector under either of those sections.
	SECTION 6.  The following laws are repealed:
	(1)  Section 2210.255, Insurance Code;
	(2)  Sections 2210.2551(d) and (e), Insurance Code;
	(3)  Section 2210.256(f), Insurance Code; and
	(4)  Subchapter N, Chapter 1001, Occupations Code.
	SECTION 7.  The commissioner of insurance shall adopt rules
	to implement this Act not later than December 31, 2015.
	SECTION 8.  This Act takes effect September 1, 2015.