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        |  | AN ACT | 
      
        |  | relating to building code requirements for residential property | 
      
        |  | insured by the Texas Windstorm Insurance Association. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 2210.251(f), Insurance Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (f)  Notwithstanding any other provision of this section, | 
      
        |  | insurance coverage for a residential structure may be issued or | 
      
        |  | renewed through the association subject to the inspection | 
      
        |  | requirements imposed under Section 2210.258, if applicable.  [ This  | 
      
        |  | subsection expires December 31, 2015.] | 
      
        |  | SECTION 2.  Sections 2210.258(a) and (c), Insurance Code, | 
      
        |  | are 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. | 
      
        |  | (c)  The association may insure a residential structure | 
      
        |  | constructed, altered, remodeled, enlarged, repaired, or added to on | 
      
        |  | or after June 19, 2009, that is not in compliance with the | 
      
        |  | applicable building code standards, as set forth in the plan of | 
      
        |  | operation, provided that: | 
      
        |  | (1)  the structure had been insured on or after June 19, | 
      
        |  | 2009, by an insurer in the private market that canceled or | 
      
        |  | nonrenewed the insurance coverage of the structure [ before December  | 
      
        |  | 31, 2015]; | 
      
        |  | (2)  the applicant provides to the association proof | 
      
        |  | that insurance coverage that was issued to the applicant or the | 
      
        |  | previous insured for the structure was canceled or nonrenewed in | 
      
        |  | the private market as described by Subdivision (1); and | 
      
        |  | (3)  no construction, alteration, remodeling, | 
      
        |  | enlargement, or repair of, or addition to, the structure occurred | 
      
        |  | after cancellation or nonrenewal of the coverage and before | 
      
        |  | submission of an application for coverage through the association. | 
      
        |  | SECTION 3.  Section 2210.2581, Insurance Code, is repealed. | 
      
        |  | SECTION 4.  This Act takes effect immediately if it receives | 
      
        |  | a vote of two-thirds of all the members elected to each house, as | 
      
        |  | provided by Section 39, Article III, Texas Constitution.  If this | 
      
        |  | Act does not receive the vote necessary for immediate effect, this | 
      
        |  | Act takes effect September 1, 2015. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I hereby certify that S.B. No. 498 passed the Senate on | 
      
        |  | April 21, 2015, by the following vote:  Yeas 24, Nays 6. | 
      
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        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
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        |  | I hereby certify that S.B. No. 498 passed the House on | 
      
        |  | May 18, 2015, by the following vote:  Yeas 106, Nays 29, one | 
      
        |  | present not voting. | 
      
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        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |