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RULE §19.1021Flood Insurance Education Course

(a) Pursuant to §207 of the Flood Insurance Reform Act of 2004, the Federal Emergency Management Agency on September 1, 2005 published minimum training and education standards for persons that intend to write or currently write flood insurance (Federal Register, Vol. 70, No. 169, pp. 52117-52119). This section establishes these standards for a department-certified continuing education course.

(b) The course shall:

  (1) be submitted for approval in compliance with §19.1007 of this subchapter (relating to Course Certification Submission Applications, Course Expirations, and Resubmissions);

  (2) be at least three hours in length;

  (3) and cover the topics listed in subsection (g) of this section.

(c) Providers may offer the course as a classroom, classroom equivalent, or self study course.

(d) The course may be taken after the department has issued a license or within 12 months preceding the license issue date.

(e) Licensees may count up to three hours towards completion of their initial continuing education requirement for successful completion of a certified flood insurance training course prior to issuance of their license. The licensee shall maintain proof of completion of the flood insurance training course prior to licensure for four years or through the second renewal of the license, whichever is longer. Upon request, the licensee shall provide the proof of course completion to the department or the department's designee.

(f) A provider-issued completion certificate in compliance with §19.1011(e) of this subchapter (relating to Requirements for Successful Completion of Continuing Education Courses) shall demonstrate proof of successful course completion.

(g) Course topics for the basic flood insurance course outline shall include:

  (1) Section I - Introduction:

    (A) National Flood Insurance Program (NFIP) Background;

    (B) Community Participation;

    (C) Emergency Program Defined;

    (D) Regular Program Defined;

    (E) Community Rating System;

    (F) Eligible/Ineligible Buildings;

    (G) Coastal Barrier Resources System and Other Protected Areas;

    (H) Who Needs Flood Insurance?

      (i) Mandatory Purchase of Flood Insurance in High Flood Risk Zones; and

      (ii) Recommended in Moderate and Low Flood Risk Zones; and

    (I) Why Flood Insurance is Better than Disaster Assistance.

  (2) Section II - Flood Maps and Zone Determinations:

    (A) Flood Hazard Boundary Map (FHBM);

    (B) Flood Insurance Rate Map (FIRM):

      (i) Pre-FIRM/Post-FIRM Defined; and

      (ii) Special Flood Hazard Area Defined;

    (C) Base Flood Elevation; and

    (D) Zone Determination.

  (3) Section III - Policies and Products Available:

    (A) Dwelling Policy - Types of Buildings Covered;

    (B) General Property Policy - Types of Buildings Covered;

    (C) Residential Condominium Building Association (RCBAP) Policy - Types of Buildings Covered;

    (D) Preferred Risk Policy - Types of Buildings Covered;

    (E) Definitions:

      (i) Flood;

      (ii) Basement/Enclosure; and

      (iii) Elevated Buildings;

    (F) Damages Not Covered:

      (i) Single Peril Policy; and

      (ii) Mudslides vs. Mudflow;

    (G) Property Covered:

      (i) Basements;

      (ii) Appurtenant Structure;

      (iii) Loss Avoidance Measures;

      (iv) Debris Removal; and

      (v) Improvements and Betterments;

    (H) Property and Expenses Not Covered:

      (i) Decks;

      (ii) Finished Items in Basements;

      (iii) Property in Enclosures; and

      (iv) Additional Living Expenses;

    (I) Increased Cost of Compliance Coverage.

  (4) Section IV - General Rules:

    (A) Statutory Coverage Limits;

    (B) Deductibles:

      (i) Standard Deductibles; and

      (ii) Apply Separately for Building and Contents;

    (C) Property Value Determination for Selecting Coverage Amount;

    (D) Loss Settlement:

      (i) Actual Cash Value (ACV);

      (ii) Replacement Cost Value (RCV); and

      (iii) Co-insurance Penalty in RCBAP;

    (E) Reduction and Reformation of Coverage;

    (F) No Binders;

    (G) One Building per Policy - No Blanket Coverage;

    (H) Building and Contents Coverage Purchased Separately;

    (I) Waiting Period/Effective Date of Policy;

    (J) Policy Term; and

    (K) Cancellations.

  (5) Section V - Rating:

    (A) Types of Buildings:

      (i) Elevated Buildings; and

      (ii) Buildings with Basements;

    (B) When to Use an Elevation Certificate; and

    (C) Grandfathering.

  (6) Section VI - Claims Handling Process:

    (A) Helping Your Client to File a Claim;

    (B) Appeals Process; and

    (C) Claims Handbook;

  (7) Section VII - Requirements of the Flood Insurance Reform Act of 2004; Point of Sale and Renewal Responsibilities:

    (A) Notification of Coverages Being Purchased;

    (B) Policy Exclusions that Apply;

    (C) Explanation Regarding How Losses Will be Adjusted (ACV vs. RCV);

    (D) Number and Dollar Amount of Claims for Property; and

    (E) Acknowledgement Forms.

  (8) Section VIII - Agent Resources:

    (A) Write Your Own Company;

    (B) FEMA Websites:

      (i) http://www.fema.gov/nfip;

      (ii) http://www.floodsmart.gov; and

      (iii) http://training.nfipstat.com/; and

    (C) Flood Insurance Manual.

Source Note: The provisions of this §19.1021 adopted to be January 19, 2006, 31 TexReg 292

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