Tex. Ins. Code Section 2210.2515
Issuance of Certificates of Compliance


(a)

In this section:

(1)

“Completed improvement” means:

(A)

an improvement in which the original transfer of title from the builder to the initial owner of the improvement has occurred; or

(B)

if a transfer under Paragraph (A) is not contemplated, an improvement that is substantially completed.

(2)

“Improvement” means the construction of or repair, alteration, remodeling, or enlargement of a structure to which the plan of operation applies.

(3)

“Ongoing improvement” means:

(A)

an improvement in which the original transfer of title from the builder to the initial owner of the improvement has not occurred; or

(B)

if a transfer under Paragraph (A) is not contemplated, an improvement that is not substantially completed.

(b)

A person shall provide written notice on a form prescribed by and submitted to the department of the person’s intent to construct, repair, alter, remodel, or enlarge a structure for which the person is seeking coverage under this chapter before the person begins to construct, repair, alter, remodel, or enlarge the structure.

(c)

A person may apply to the department on a form prescribed by the department for a certificate of compliance for a completed improvement. The department shall issue a certificate of compliance for a completed improvement if a professional engineer licensed by the Texas Board of Professional Engineers and Land Surveyors:

(1)

has designed the improvement, has affixed the engineer’s seal on the design, and submits to the department on a form prescribed by the department an affirmation that the design complies with the applicable building code under the plan of operation and that the improvement was constructed in accordance with the design; or

(2)

completes and submits to the department a sealed post-construction evaluation report that:

(A)

confirms the improvement’s compliance with the applicable building code under the plan of operation; and

(B)

includes documentation supporting the engineer’s post-construction evaluation report on a form prescribed by the department on which the engineer has affixed the engineer’s seal.

(c-1)

The department may deny an application for a certificate of compliance under Subsection (c) if the evaluation report or the form prescribed by the department under Subsection (c)(1) is not fully documented as required under Subsection (c).

(c-2)

A form prescribed by the department under Subsection (c) may not require a professional engineer to assume liability for the construction of an improvement.

(d)

A person may apply to the department on a form prescribed by the department for a certificate of compliance for an ongoing improvement. Except as provided by Subsection (e), the department shall issue a certificate of compliance for an ongoing improvement if a qualified inspector under Section 2210.254 (Qualified Inspectors) inspects the ongoing improvement in accordance with commissioner rule and affirms that the improvement:

(1)

conforms to a design of the improvement that has a seal affixed by a professional engineer licensed by the Texas Board of Professional Engineers and Land Surveyors and complies with the applicable building code under the plan of operation; or

(2)

complies with the applicable building code under the plan of operation.

(e)

Except as otherwise provided by this subchapter, the department may not issue a certificate of compliance under Subsection (d) if within six months after the date of the final inspection of the structure that is the subject of the application, the department has not received:

(1)

fully completed forms prescribed by the department demonstrating that the improvement satisfies the requirements under Subsection (d)(1) or (2); and

(2)

payment in full of all inspection fees, including fees for prior department inspections, owed to the department.

(f)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900), Sec. 12, eff. June 10, 2019.

(g)

The department may enter into contracts as necessary to implement this section.

(h)

The department may charge a reasonable fee to cover the cost of making building requirements and inspection standards available to the public. The department shall charge a reasonable fee for each inspection of each structure under this section in an amount set by the commissioner.

(i)

The department is authorized to submit a formal complaint under Chapter 1001 (Texas Board of Professional Engineers and Land Surveyors), Occupations Code, to the Texas Board of Professional Engineers and Land Surveyors related to the engineering work of a professional engineer as reflected in the sealed post-construction evaluation report or other materials submitted by an engineer under Subsection (c).

(j)

If the department finds that a person acting as a qualified inspector under Section 2210.254 (Qualified Inspectors) has failed to provide complete and accurate information in connection with an inspection for a certificate of compliance under this section, the department may impose a reasonable penalty on the inspector, including by prohibiting the inspector from applying for certificates of compliance under this section. The commissioner may adopt rules as necessary to implement this subsection.

(k)

The department may not rescind a certificate of compliance after issuing the certificate under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1073 (H.B. 2439), Sec. 3, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615), Sec. 12, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900), Sec. 6, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900), Sec. 12, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.10, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 494 (H.B. 3564), Sec. 1, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 12.001, eff. September 1, 2021.

Source: Section 2210.2515 — Issuance of Certificates of Compliance, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­2210.­htm#2210.­2515 (accessed Jun. 5, 2024).

2210.001
Purpose
2210.002
Short Title
2210.003
General Definitions
2210.004
Definition of Insurable Property
2210.005
Designation as Catastrophe Area
2210.006
Applicability of Chapter to Certain Insurers
2210.007
Immunity from Liability in General
2210.008
Department Orders
2210.009
List of Private Insurers
2210.010
Certain Conduct in Dispute Resolution Prohibited
2210.012
Standards of Conduct: Board of Directors and Employees
2210.013
Certain Employment and Contracts Prohibited
2210.014
Applicability of Certain Other Law
2210.015
Study of Market Incentives
2210.016
Agent Requirements
2210.0025
Biennial Report to Legislature
2210.051
Composition of Association
2210.052
Member Participation in Association
2210.053
Operation of Association
2210.054
Annual Statement
2210.055
Legal Counsel
2210.056
Use of Association Assets
2210.057
Examination of Association
2210.058
Audit of Association
2210.059
Claims Practices Audit
2210.060
Indemnification by Association
2210.061
Contractors and Managerial Employees: Compensation and Bonuses
2210.062
Administration by Contracted Administrator Authorized
2210.071
Payment of Excess Losses
2210.075
Reinsurance
2210.0081
Certain Actions Brought Against Association by Commissioner
2210.101
Accountable to Commissioner
2210.102
Composition
2210.103
Terms
2210.104
Officers
2210.105
Meetings
2210.106
Immunity of Director or Officer from Liability
2210.107
Primary Board Objectives
2210.108
Open Meetings and Open Records
2210.109
Disclosure of Conflicts
2210.151
Adoption of Plan of Operation
2210.152
Contents of Plan of Operation
2210.153
Amendments to Plan of Operation
2210.201
Definition of Insurable Interest
2210.202
Application for Coverage
2210.203
Issuance of Coverage
2210.204
Cancellation of Certain Coverage
2210.205
Required Policy Provisions: Deadline for Filing Claim
2210.207
Windstorm and Hail Insurance: Replacement Cost Coverage
2210.208
Windstorm and Hail Insurance: Coverage for Certain Indirect Losses
2210.209
Windstorm and Hail Insurance: Coverage for Certain Property Located over Water
2210.210
Coverage of Certain Structures Prohibited
2210.251
Plan of Operation Compliance Requirements
2210.252
International Residential Code Building Specifications
2210.253
Insurer Assessment: First Tier Coastal County
2210.254
Qualified Inspectors
2210.256
Disciplinary Proceedings Regarding Appointed Inspectors and Certain Other Persons
2210.257
Deposit of Fees
2210.258
Compliance with Building Codes
2210.259
Surcharge for Certain Noncompliant Structures
2210.351
Association Filings
2210.352
Manual Rate Filings: Annual Filing
2210.353
Manual Rate Filings: Amended Annual Filing
2210.354
Manual Rate Filings: Additional Supporting Information
2210.355
General Rate Requirements
2210.357
Rate Classifications
2210.358
Experience Data
2210.359
Limitation on Certain Rate Changes
2210.361
Association Recommendations Regarding Reductions in Coverages or Increases in Deductibles
2210.362
Implied Consent by Applicant for Insurance Coverage
2210.363
Premium Discounts
2210.451
Definition
2210.452
Establishment and Use of Trust Fund
2210.453
Funding Levels
2210.454
Mitigation and Preparedness Plan
2210.455
Catastrophe Plan
2210.501
Maximum Liability Limits
2210.502
Adjustments to Maximum Liability Limits
2210.503
Filing of Proposed Adjustments with Commissioner
2210.504
Commissioner Action on Proposed Adjustments
2210.505
Reinsured Excess Limits
2210.506
Exception from Certain Administrative Procedures
2210.551
Appeals
2210.554
Voluntary Arbitration of Certain Coverage and Claim Disputes
2210.571
Definitions
2210.572
Exclusive Remedies and Limitation on Award
2210.573
Filing of Claim
2210.574
Disputes Concerning Amount of Accepted Coverage
2210.575
Disputes Concerning Denied Coverage
2210.576
Issues Brought to Suit
2210.577
Limitations Period
2210.578
Expert Panel
2210.579
Construction with Other Law
2210.580
Rulemaking
2210.581
Commissioner Extension of Deadlines
2210.582
Ombudsman Program
2210.601
Purpose
2210.602
Definitions
2210.603
Applicability of Other Laws
2210.604
Issuance of Public Securities Authorized
2210.605
Terms of Issuance
2210.606
Additional Covenants
2210.607
Public Security Proceeds
2210.608
Use of Public Security Proceeds
2210.609
Repayment of Association’s Public Security Obligations
2210.610
Public Security Payments
2210.611
Excess Revenue Collections and Investment Earnings
2210.614
Refinancing Public Securities
2210.615
Source of Payment
2210.616
State Not to Impair Public Security Obligations
2210.617
Enforcement by Mandamus
2210.618
Exemption from Taxation
2210.619
No Personal Liability
2210.620
Authorized Investments
2210.651
Definition
2210.652
Composition of Board
2210.653
Powers and Duties of Board
2210.654
Report
2210.701
Depopulation Program
2210.702
Assumption Reinsurance Depopulation
2210.703
Renewal of Reinsured Policies
2210.704
Confidentiality of Information
2210.705
Transfer of Policies
2210.0715
Payment from Reserves and Trust Fund
2210.1031
Training
2210.1051
Meetings of Board of Directors
2210.1052
Emergency Meeting
2210.2031
Automatic Renewal
2210.2032
Premium Payment Methods
2210.2041
Nonrefundable Surcharge
2210.2515
Issuance of Certificates of Compliance
2210.2551
Enforcement Authority
2210.3511
Public Access to Rate Adequacy Analysis
2210.3512
Requirement for Vote on Rate Filing
2210.4521
Investment of Trust Fund Balances
2210.5731
Payment of Claim
2210.5732
Supplemental Payments
2210.5741
Replacement Cost Coverage Claim Processing
2210.6165
Property Rights

Accessed:
Jun. 5, 2024

§ 2210.2515’s source at texas​.gov