H.B. No. 3048
AN ACT
relating to insurance coverage for certain structures.                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	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.  
Except as otherwise provided by this subsection, if 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.  If repair 
to a structure, other than a roof repair that exceeds 100 square 
feet, is less than five percent of the amount of total property 
coverage on the structure, the repairs may be completed in a manner 
that returns the structure to its condition immediately before the 
loss without affecting the eligibility of the structure to qualify 
as insurable property.  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 residential structures, 
other than a condominium, apartment, duplex, or other multifamily 
residence, or a hotel or resort facility, which are located within 
those areas designated as units under the federal Coastal Barrier 
Resources Act (Public Law 97-348) and for which a building permit or 
plat has been filed with the municipality, the county, or the United 
States Army Corps of Engineers before June 11, 2003 [the effective 
date of S.B. No. 14, Acts of the 78th Legislature, Regular Session, 
2003], are insurable property.  "Insurable Property" includes 
property described by Section 3A of this article.
	SECTION 2.  Article 21.49, Insurance Code, is amended by 
adding Section 3A to read as follows:
	Sec. 3A.  COVERAGE FOR CERTAIN PROPERTY LOCATED OVER WATER.  
(a) A policy of windstorm and hail insurance issued by the 
association may include coverage for:
		(1)  a building or other structure located in the 
seacoast territory that is built wholly or partially over water; 
and
		(2)  the corporeal movable property contained in a 
building or structure described by Subdivision (1) of this 
subsection.
	(b)  The association may impose appropriate limits of 
coverage and deductibles for coverage described by Subsection (a) 
of this section.
	(c)  The board of directors of the association shall submit 
any proposed changes to the plan of operation necessary to 
implement Subsections (a) and (b) of this section to the 
commissioner in the manner provided by Section 5(c) of this 
article.
	(d)  The commissioner shall adopt rules as necessary to 
implement this section, including any rules necessary to implement 
changes in the plan of operation proposed under Subsection (c) of 
this section.
	SECTION 3.  Article 21.49A, Insurance Code, is amended by 
adding Section 5A to read as follows:
	Sec. 5A.  COVERAGE FOR WINDSTORM AND HAIL INSURANCE; 
COVERAGE FOR CERTAIN PROPERTY LOCATED OVER WATER.  (a)  A policy 
issued by the association may include coverage against loss or 
damage by windstorm or hail for:
		(1)  a building or other structure that is built wholly 
or partially over water; and
		(2)  the corporeal movable property contained in a 
building or structure described by Subdivision (1) of this 
subsection.
	(b)  The association may impose appropriate limits of 
coverage and deductibles for coverage described by Subsection (a) 
of this section.
	(c)  The governing committee of the association shall submit 
any proposed changes to the plan of operation necessary to 
implement Subsections (a) and (b) of this section to the 
commissioner for the approval of the commissioner in the manner 
provided by Section 3(a) of this article.
	(d)  The commissioner shall adopt rules as necessary to 
implement this section, including any rules necessary to implement 
changes in the plan of operation proposed under Subsections (a) and 
(b) of this section.
	SECTION 4.  Section 911.151, Insurance Code, is amended by 
adding Subsections (c) and (d) to read as follows:
	(c)  An insurance policy written by a farm mutual insurance 
company against loss or damage by windstorm, hurricane, or hail, as 
described by Subsection (a), may include coverage for:
		(1)  a building or other structure that is built wholly 
or partially over water; and
		(2)  the corporeal movable property contained in a 
building or structure described by Subdivision (1).
	(d)  The farm mutual insurance company may impose 
appropriate limits of coverage and deductibles for coverage 
described by Subsection (c).
	SECTION 5.  Section 912.151, Insurance Code, is amended by 
adding Subsections (d) and (e) to read as follows:
	(d)  An insurance policy written by a county mutual insurance 
company against loss or damage by windstorm or hail, as described by 
Subsection (a), may include coverage for:
		(1)  a building or other structure that is built wholly 
or partially over water; and
		(2)  the corporeal movable property contained in a 
building or structure described by Subdivision (1).
	(e)  The county mutual insurance company may impose 
appropriate limits of coverage and deductibles for coverage 
described by Subsection (d).
	SECTION 6.  Subchapter B, Chapter 5, Insurance Code, is 
amended by adding Article 5.14 to read as follows:
	Art. 5.14.  COVERAGE FOR CERTAIN LOSS OR DAMAGE CAUSED BY 
WINDSTORM, HURRICANE, OR HAIL.  (a)  In this article, "insurer" has 
the meaning assigned by Section 3, Article 5.13-2, of this code.
	(b)  An insurance policy written by an insurer against loss 
or damage by windstorm, hurricane, or hail may include coverage 
for:
		(1)  a building or other structure that is built wholly 
or partially over water; and
		(2)  the corporeal movable property contained in a 
building or structure described by Subdivision (1) of this 
subsection.
	(c)  An insurer that writes coverage described by Subsection 
(b) of this section may impose appropriate limits of coverage and 
deductibles for the coverage described by Subsection (b).
	SECTION 7.  (a)  Except as provided by Subsection (b) of this 
section, Article 21.49, Insurance Code, as amended by this Act, 
applies only to a policy of windstorm or hail insurance that is 
delivered, issued for delivery, or renewed on or after January 1, 
2006.  A policy that is delivered, issued for delivery, or renewed 
before January 1, 2006, is governed by the law as it existed 
immediately before the effective date of this Act, and that law is 
continued in effect for that purpose.
	(b)  If it is determined by the board of directors of the 
Texas Windstorm Insurance Association that an amendment to the 
association's plan of operation is required before Section 3A, 
Article 21.49, Insurance Code, as added by this Act, may be 
implemented, Section 3A, Article 21.49, Insurance Code, as added by 
this Act:
		(1)  takes effect on the 30th day after the date of the 
adoption of rules by the commissioner of insurance amending the 
plan of operation appropriately; and
		(2)  applies only to a policy of windstorm or hail 
insurance that is delivered, issued for delivery, or renewed on or 
after the 90th day after the date rules are adopted as described by 
Subdivision (1) of this subsection.
	SECTION 8.  (a)  Except as provided by Subsection (b) of this 
section, Article 21.49A, Insurance Code, as amended by this Act, 
applies only to a policy of windstorm or hail insurance that is 
delivered, issued for delivery, or renewed on or after January 1, 
2006.  A policy that is delivered, issued for delivery, or renewed 
before January 1, 2006, is governed by the law as it existed 
immediately before the effective date of this Act, and that law is 
continued in effect for that purpose.
	(b)  If it is determined by the governing committee of the 
FAIR Plan Association that an amendment to the association's plan 
of operation is required before Section 5A, Article 21.49A, 
Insurance Code, as added by this Act, may be implemented, Section 
5A, Article 21.49A, Insurance Code, as added by this Act:
		(1)  takes effect on the 90th day after the date of the 
adoption of rules by the commissioner of insurance amending the 
plan of operation appropriately; and
		(2)  applies only to a policy of windstorm or hail 
insurance that is delivered, issued for delivery, or renewed on or 
after the 180th day after the date rules are adopted as described by 
Subdivision (1) of this subsection.
	SECTION 9.  Sections 911.151 and 912.151, Insurance Code, as 
amended by this Act, and Article 5.14, Insurance Code, as added by 
this Act, apply only to a policy of insurance that is delivered, 
issued for delivery, or renewed on or after January 1, 2006.  A 
policy that is delivered, issued for delivery, or renewed before 
January 1, 2006, is governed by the law as it existed immediately 
before the effective date of this Act, and that law is continued in 
effect for that purpose.
	SECTION 10.  This Act takes effect September 1, 2005.                          
______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      
	I certify that H.B. No. 3048 was passed by the House on May 
12, 2005, by a non-record vote.
                                                  ______________________________
                                                     Chief Clerk of the House   
	I certify that H.B. No. 3048 was passed by the Senate on May 
25, 2005, by the following vote:  Yeas 31, Nays 0.
                                                  ______________________________
                                                     Secretary of the Senate    
APPROVED:  _____________________                                            
 
                   Date                                                      
 
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                 Governor