Enrolled Bill Summary

            House Bill 329 amends the Occupations Code to establish licensing requirements for mold assessors and remediators. The bill requires a person to obtain a mold assessor license from the Texas Department of Health before conducting an inspection for mold, developing a mold management plan or remediation protocol, or collecting or analyzing a mold sample. A separate mold remediation license is required for the removal, cleaning, or other treatment of mold. The bill prohibits a holder of both licenses from performing assessment and remediation on the same project and requires license holders to maintain offices in Texas. It requires license holders to prepare a mold assessment work analysis or a mold remediation work plan, to provide the information to the client, and to notify the department about the project. On completion of the project, the license holder must provide the property owner with a certificate of mold remediation, which, on subsequent sale of the property, must be provided to the buyer.

            The bill requires the department to coordinate a statewide public education program relating to indoor mold. The department must investigate any complaint regarding mold-related activities and must adopt rules relating to licensing, work practices, compliance, education, and liability insurance for mold assessment and remediation. The bill sets out maximum fees for licenses and registration. The bill authorizes the department to request the attorney general or a local government attorney to seek a restraining order, injunction, or other appropriate relief to stop a violation. The bill excludes from these provisions certain routine cleaning and repair, pest-control inspections, and the incidental discovery or emergency containment of mold while performing such work. It also excludes assessment or remediation of mold performed by owners of certain property, an owner’s agent, or a tenant. The bill prohibits an insurer from conditioning an insurance policy on an applicant's prior claim for water or mold damage or for mold inspection or remediation and specifies that an insurer that violates these provisions commits an unfair trade practice under the Insurance Code. The bill also includes provisions relating to administrative and civil penalties.

            The bill takes effect September 1, 2003, except the notification and certification requirements and disciplinary and penalty provisions take effect April 1, 2004.