By: Zaffirini S.B. No. 1213

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Mold Assessment and Remediation Advisory Board under the Texas Department of Licensing and Regulation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1958.001, Occupations Code, is amended by amending Subdivision (1) and adding Subdivision (1-a) to read as follows:

(1) "Advisory board" means the Mold Assessment and Remediation Advisory Board.

(1-a) "Commission" means the Texas Commission of Licensing and Regulation.

SECTION 2. Chapter 1958, Occupations Code, is amended by adding Subchapter A-1 to read as follows:

SUBCHAPTER A-1. ADVISORY BOARD

Sec. 1958.031. ADVISORY BOARD MEMBERSHIP. (a) The Mold Assessment and Remediation Advisory Board consists of 11 members appointed by the presiding officer of the commission, with the approval of the commission, as follows:

(1) three members who are licensed and engage in mold assessment as consultants;

(2) three members who are licensed and engage in mold remediation as contractors;

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

(4) one member who is a representative of the insurance industry;

(5) one member who is a representative of an accredited mold training provider; and

(6) one member who represents the public.

(b) Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

(c) Chapter 2110, Government Code, does not apply to the composition or duration of the advisory board or to the appointment of the advisory board's presiding officer.

Sec. 1958.032. TERMS; VACANCY. (a) Members of the advisory board serve staggered six-year terms, with the terms of three or four members expiring on February 1 of each odd-numbered year.

(b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the approval of the commission, shall appoint a replacement who meets the qualifications for the vacant position to serve for the remainder of the term.

Sec. 1958.033. PRESIDING OFFICER. The presiding officer of the commission, with the approval of the commission, shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a term of one year.

Sec. 1958.034. DUTIES. The advisory board may advise the commission and department on:

(1) technical matters relevant to the administration of this chapter;

(2) standards or performance and work practices for mold assessment or remediation;

(3) qualifications for the issuance or renewal of a license, including any training or continuing education; and

(4) other issues affecting mold assessment and remediation.

SECTION 3. Not later than December 1, 2023, the presiding officer of the Texas Commission of Licensing and Regulation shall appoint members to the Mold Assessment and Remediation Advisory Board in accordance with Section 1958.031, Occupations Code, as added by this Act.

SECTION 4. Notwithstanding Section 1958.032, Occupations Code, as added by this Act, in making the initial appointments to the Mold Assessment and Remediation Advisory Board, the presiding officer of the Texas Commission of Licensing and Regulation shall designate three members of the advisory board 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.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.