BILL ANALYSIS

S.B. 1213

By: Zaffirini

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The Texas Department of Licensing and Regulation (TDLR) has advisory boards for various programs, composed of industry professionals who provide guidance and recommendations. However, the lack of an advisory board for TDLR's mold assessor program could impair the program's effectiveness, as TDLR may have limited access to the valuable expertise and perspectives of mold assessors and remediators. Without such insights, TDLR's ability to make informed decisions regarding licensing and regulation of the mold assessor program may be compromised. S.B. 1213 seeks to establish a mold assessment and remediation advisory board to advise TDLR and the Texas Commission of Licensing and Regulation on issues affecting mold assessment and remediation.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1213 amends the Occupations Code to create the Mold Assessment and Remediation Advisory Board and to authorize the board to advise the Texas Commission of Licensing and Regulation (TCLR) and the Texas Department of Licensing and Regulation (TDLR) on technical matters relevant to the administration of statutory provisions relating to mold assessors and remediators, standards or performance and work practices for mold assessment or remediation, qualifications for the issuance or renewal of a license, including any training or continuing education, and other issues affecting mold assessment and remediation. The bill establishes that the 11-member advisory board consists of the following members, as appointed by the presiding officer of TCLR and approved by TCLR:

· three members who are licensed and engage in mold assessment as consultants;

· three members who are licensed and engage in mold remediation as contractors;

· two members who are building contractors principally engaged in home construction and who are members of a statewide building trade association;

· one member who is a representative of the insurance industry;

· one member who is a representative of an accredited mold training provider; and

· one member who represents the public.

The bill requires the presiding officer of TCLR to appoint the board members not later than December 1, 2023, and requires the appointments to be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. The bill establishes staggered six-year terms of advisory board members, with the terms of three or four members expiring on February 1 of each odd-numbered year.

S.B. 1213 requires the presiding officer of TCLR to do the following:

· if a vacancy occurs during a member's term, with TCLR approval, appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term;

· with TCLR approval, appoint one of the advisory board members to serve as the board's presiding officer for a one-year term; and

· in making the initial appointments to the advisory board, designate three board members to serve terms expiring February 1, 2025, four members to serve terms expiring February 1, 2027, and four members to serve terms expiring February 1, 2029.

The bill establishes that Government Code provisions relating to state agency advisory committees do not apply to the composition or duration of the advisory board or to the appointment of the board's presiding officer.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.