Applicability and Effective Date of 28 TAC §§5.4029 - 5.4041

(a) This section and §§5.4030 - 5.4041 of this title prescribe guidelines that the Texas Windstorm Insurance Association must use to prepare for and settle residential slab claims in Zones V, VE, and V1-V30, as defined by the National Flood Insurance Program.

(b) This section and §§5.4030 - 5.4041 of this title apply only to residential slab claims resulting from an organized weather system that:

(1) has a defined surface circulation and maximum sustained winds of not less than 39 miles per hour;

(2) the National Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane; and

(3) that the association expects will result in more than 500 residential slab claims.

(c) The association must make an initial determination as to the expected number of claims when the organized weather system is in the Gulf of Mexico or within the boundaries of longitude 80 degrees west and latitude 20 degrees north.

(d) The association must make a final determination as to the expected number of claims no later than 24 hours before expected landfall.

(e) The association may contract with appropriate private or governmental entities to obtain any of the data or services required in this division.

(f) This section and §§5.4030 - 5.4041 are applicable beginning June 1, 2018.

Source Note: The provisions of this §5.4029 adopted to be effective March 28, 2017, 2 TexReg 1459.