HB 2841

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
neutral
Limited Government
positive
Individual Liberty
Digest
HB 2841 amends the Texas Windstorm Insurance Association eligibility framework to recognize certain fortified construction certifications as an alternative to the certificate of compliance ordinarily required for coverage. Specifically, the bill requires the association’s plan of operation to provide that certification under fortified home, multifamily, or commercial construction standards published by the Insurance Institute for Business and Home Safety, or its successor entity, may be used in place of a certificate of compliance for purposes of determining eligibility for Texas Windstorm Insurance Association coverage.

The bill also allows the association to insure a structure constructed, altered, remodeled, enlarged, repaired, or added to on or after June 19, 2009, even if a certificate of compliance has not been issued, provided that the Texas Department of Insurance and the association have received certification that the structure was constructed in accordance with, or retrofitted to meet, the applicable fortified construction standards. The bill further provides that Insurance Code Section 2210.259 does not apply to a policy insuring a structure made eligible under this new alternative certification pathway.

The bill applies only to a structure constructed, altered, remodeled, enlarged, repaired, or added to on or after the bill’s effective date. It also directs the Texas Windstorm Insurance Association, as soon as practicable after the effective date, to propose amendments to its plan of operation to conform to the bill’s changes.

The originally filed HB 2841 was narrower than the Committee Substitute. As filed, the bill amended only Insurance Code Section 2210.152 to require the Texas Windstorm Insurance Association’s plan of operation to treat new structures certified as built to Insurance Institute for Business and Home Safety fortified home, multifamily, or commercial standards as meeting the association’s underwriting standards. It applied only to structures constructed on or after September 1, 2025.

The Committee Substitute for HB 2841 expands and refines that approach. Rather than simply deeming qualifying new structures to meet underwriting standards, the substitute makes fortified certification an alternative to a certificate of compliance for Texas Windstorm Insurance Association eligibility purposes. It amends Insurance Code Sections 2210.152, 2210.258, and 2210.259, creating a more specific statutory pathway for structures without a Section 2210.2515 certificate of compliance to obtain coverage if the Texas Department of Insurance and the association receive the required fortified certification.

The substitute also broadens the types of covered work. The filed bill applied only to new structures constructed after the effective date, while the committee substitute applies to structures constructed, altered, remodeled, enlarged, repaired, or added to on or after the effective date. The substitute also refers to structures constructed on or after June 19, 2009, in the new eligibility provision, provided the required fortified certification is received. This change matters because the substitute is not limited to newly built properties; it also recognizes qualifying retrofits and improvements as a basis for Texas Windstorm Insurance Association eligibility.
Author (2)
John Smithee
Dennis Paul
Co-Author (1)
Penny Morales Shaw
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2841 is not expected to have a significant fiscal impact on the state. The fiscal note states that any costs associated with implementing the bill are assumed to be absorbable within existing resources, meaning the Texas Department of Insurance and related implementation activities are not expected to require additional appropriations.

The fiscal note does not identify a positive, negative, or indeterminate budget impact beyond the conclusion that no significant state fiscal implication is anticipated. It also does not identify recurring costs, one-time costs, or savings. The likely administrative work would involve conforming the Texas Windstorm Insurance Association’s plan of operation and recognizing the alternative fortified-construction certification pathway, but LBB assumes those activities can be handled with current resources.

For local governments, the LBB anticipates no fiscal implication. The fiscal note identifies the Texas Department of Insurance as the source agency and does not project costs or savings for counties, municipalities, school districts, or other local governmental units.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES for HB 2841. The bill does not materially grow the size or scope of government. It does not create a new agency, office, grant program, fund, regulatory board, criminal offense, or enforcement structure. The bill analysis states that the bill does not expressly grant additional rulemaking authority to a state officer, department, agency, or institution. Instead, the bill works within the existing Texas Windstorm Insurance Association framework by allowing a fortified construction certification to serve as an alternative to the existing certificate-of-compliance pathway for qualifying structures.

The bill does not appear to increase the burden on taxpayers. According to the Legislative Budget Board, no significant fiscal implication to the state is anticipated, and any costs associated with the bill are assumed to be absorbable using existing resources. The fiscal note also finds no anticipated fiscal implication to units of local government. This means the bill is not expected to require new appropriations, new local spending, or a direct taxpayer-funded implementation cost.

The bill does not increase the regulatory burden on individuals or businesses. To the contrary, it modestly reduces regulatory friction for property owners, builders, and insurers by recognizing a private fortified-construction certification as an alternative way to satisfy Texas Windstorm Insurance Association eligibility requirements. The bill does not require owners to build or retrofit to fortified standards; it simply allows those who voluntarily meet those standards to use that certification for coverage eligibility. The bill analysis describes this as an alternative to current WPI-8 standards rather than a replacement or new mandate.

The principal limited-government concern is that the bill operates within the Texas Windstorm Insurance Association, a state-created insurer of last resort. Any expansion of eligibility within that system can raise concerns about long-term exposure and precedent. However, this bill’s expansion is narrow and tied to risk-reducing construction standards. It does not broadly open eligibility to noncompliant structures; it allows coverage only when the Texas Department of Insurance and the association receive certification that the structure was constructed in accordance with, or retrofitted to meet, fortified home, multifamily, or commercial standards published by the Insurance Institute for Business and Home Safety or its successor entity.

On balance, the bill is a targeted deregulatory measure within an existing statutory framework. It gives property owners and builders more flexibility, recognizes a private-sector construction standard, avoids new taxpayer costs, and does not impose new mandates. While lawmakers should remain attentive to broader Texas Windstorm Insurance Association exposure, HB 2841 is structured as a limited alternative compliance pathway rather than an expansion of government power or spending.

Free Enterprise
positive
The bill modestly improves free enterprise by reducing reliance on a single state compliance pathway and recognizing a private-sector construction standard. Builders, property owners, and insurers would have greater flexibility because fortified certification could serve as an alternative to a certificate of compliance for qualifying structures. The bill does not create a new licensing requirement, business mandate, or regulatory penalty.
Property Rights
positive
The bill has a positive effect on private property rights because it may improve the practical insurability and use of qualifying coastal property. A structure that lacks a traditional certificate of compliance may still qualify for Texas Windstorm Insurance Association coverage if it has the required fortified certification. The bill does not restrict land use, condition ownership on new obligations, or authorize a taking of property.
Personal Responsibility
positive
The bill supports personal responsibility by recognizing property owners who take steps to make structures more storm-resistant. Rather than offering a new subsidy or entitlement, it allows owners and builders who voluntarily meet stronger construction standards to use that certification for eligibility purposes. The bill analysis states that the goal is to encourage adoption of resilient building standards that may improve safety, reduce disaster damage, and reduce insurance costs over time.
Limited Government
neutral
The bill does not create a new agency, program, fund, criminal offense, or broad rulemaking authority. The bill analysis states that it does not expressly grant additional rulemaking authority, and the fiscal note finds no significant fiscal implication to the state or local governments. The main limited-government concern is that the bill expands an eligibility pathway within the Texas Windstorm Insurance Association, a state-created insurer of last resort. However, the expansion is narrow, voluntary, and tied to certified risk-reducing construction standards, which keeps the government-growth concern contained.
Individual Liberty
positive
The bill does not impose a new mandate on property owners. It does not require anyone to build, remodel, repair, or retrofit to fortified standards. Instead, it gives property owners another voluntary path to qualify for Texas Windstorm Insurance Association coverage if their structure is certified as meeting fortified home, multifamily, or commercial construction standards. That expands practical choice within the existing windstorm insurance framework.
View Bill Text and Status