Senate Bill 14, enacted by the 78th Legislature, included amendments to Article 21.49 of the Texas Insurance Code, defining insurable properties and providing new certification requirements to establish insurance eligibility for the Texas Windstorm Insurance Association Program. The purpose of this bulletin is to alert you to certain changes regarding inspection of insurable property that became law June 11, 2003, the effective date of Senate Bill 14.
Section 3(f) of Article 21.49 provides, in pertinent part, that "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 the effective date of Senate Bill 14, Acts of the 78th Legislature, Regular Session, 2003, are insurable property."
The Coastal Barrier Resources Areas have been identified to be in those areas located seaward of the intracoastal canal in a First Tier Coastal County and those areas in the counties of Galveston, Brazoria, Matagorda, and Kleberg located in the Inland I area as defined by the Commissioner in 28 Texas Administrative Code §5.4008.
Accordingly, on and after June 11, 2003, the effective date of Senate Bill 14, a complete application for windstorm inspection (WPI-1) for a structure located in the areas identified above must contain a statement indicating if the structure is located in the Coastal Barrier Resources Areas as defined by the Flood Insurance Rate Map, and if the structure is within the designated area, a copy of the filed-stamped building permit or plat showing the file date as prior to June 11, 2003, the effective date of Senate Bill 14.
Questions regarding this bulletin should be directed to:
Welch V. Watt 512-322-2202 or
John Dudney 512-322-4262
Texas Department of Insurance, MC 103-1E
P. O. Box 149104
Austin, TX 78714-9104