Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 15 - COASTAL AREA PLANNING
Subchapter A - MANAGEMENT OF THE BEACH/DUNE SYSTEM
Section 15.14 - Determination of Insurable Status of Structures on the Public Beach and Notification to Texas Windstorm Insurance Association
Universal Citation: 31 TX Admin Code ยง 15.14
Current through Reg. 49, No. 38; September 20, 2024
(a) Determination that a Structure is not Insurable Property.
(1) The Commissioner of
the General Land Office (commissioner) may determine that a structure,
improvement, obstruction, barrier, or hazard located on the public beach is not
insurable property as defined in Texas Insurance Code, §
2210.004,
for purposes of obtaining windstorm insurance through the Texas Windstorm
Insurance Program. The term "structure" as used in this section has the meaning
assigned in §
15.2(67)
of this title (relating to Definitions) and includes any improvement,
obstruction, barrier, or hazard on the public beach. The commissioner will
conduct an evaluation to determine the insurable status of the property for
purposes of Texas Insurance Code, §
2210.004.
The evaluation will include:
(A) Coordination
with the Texas Windstorm Insurance Association to determine if the structure is
currently listed as insurable property.
(B) A determination that the structure is
wholly or partially on the public beach in accordance with §
15.3(b)
of this title (relating to Boundary of the Public Beach).
(C) If the structure is determined to be
located on the public beach, the evaluation will include:
(i) a determination as to whether the
structure constitutes an imminent hazard to safety, health, or public welfare
as provided in §
15.15
of this title (relating to Criteria for Determining Health and Safety Hazards
Associated with Structures on the Public Beach), or
(ii) a determination as to whether the
structure substantially interferes with the free and unrestricted right of the
public to enter or leave the beach or traverse any part of the public beach as
provided in §
15.16
of this title (relating to Criteria for Determining Substantial Interference
with Access to and Use of the Public Beach by Structures on the
Beach).
(2)
In accordance with Texas Natural Resources Code, §
61.0184(b),
the commissioner must serve written notice to a person who constructs,
maintains, controls, owns, or possesses a structure on the public beach of the
intent of the commissioner to notify the Texas Windstorm Insurance Association
of the determination that the property is not insurable property for purposes
of Texas Insurance Code, §
2210.004,
because of the factors listed in Subsection (h) of that section, effective upon
the expiration of the current policy of windstorm insurance for the property
that is the subject of the notice. The notice must include an opportunity for a
hearing for the property owner under procedures outlined in subsection (b) of
this subsection.
(3) A person who
does not request a hearing within 30 days after the date on which the notice is
served waives all rights to judicial review of the commissioner's findings or
orders.
(b) Notice, Orders, and Hearings.
(1) When the
commissioner has determined that a structure is not insurable property for
purposes of Texas Insurance Code, §
2210.004,,
the commissioner must give written notice regarding the status of the property
to a person who constructs, maintains, controls, owns, or possesses the
structure located on the beach. The notice will consist of the following:
(A) The commissioner finds that a specific
structure is located on the public beach, and
(i) constitutes an imminent hazard to safety,
health, or public welfare; and/or
(ii) substantially interferes with the free
and unrestricted right of the public to enter or leave the public beach or
traverse any part of the public beach.
(B) A statement that the commissioner intends
to notify the Texas Windstorm Insurance Association of a determination that the
structure is not insurable property for purposes of Texas Insurance Code,
§
2210.004,
effective upon the expiration of the current policy of windstorm insurance for
the property that is the subject of the notice; and
(C) The person who constructs, maintains,
controls, owns, or possesses the structure, improvement, obstruction, barrier,
or hazard located on the public beach may submit, not later than the 30th day
after the date on which the notice is served, written request for a hearing to
contest the determination.
(2) The notice required in paragraph (1) of
this subsection must be given:
(A) by service
in person, by registered or certified mail, return receipt requested, or by
priority mail; or
(B) if personal
service cannot be obtained or the address of the person responsible is unknown,
by posting a copy of the notice on the structure, improvement, obstruction,
barrier, or hazard and by publishing notice in a newspaper with general
circulation in the county in which the property is located at least two times
in ten consecutive days.
(3) If the property owner requests a hearing,
the commissioner must grant the hearing before an administrative law judge
employed by the State Office of Administrative Hearings in accordance with the
procedures outlined in the Open Beaches Act, §61.0184(g).
(c) If the property owner fails to request a hearing to contest the commissioner's determination or the commissioner makes an affirmative decision after notice and hearing, the commissioner shall notify the Texas Windstorm Insurance Association that the property is not insurable property for purposes of Texas Insurance Code, § 2210.004, because of the factors listed in Subsection (h) of that section. The notice to the Texas Windstorm Insurance Association may provide that the determination is effective upon the expiration of the current policy of windstorm insurance for the property that is the subject of the notice.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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