By:  Naishtat, Madden, Seaman                                     H.B. No. 1328
 
    (Senate Sponsor - Fraser)                                                
	(In the Senate - Received from the House April 7, 2005; 
April 11, 2005, read first time and referred to Committee on 
Business and Commerce; May 2, 2005, reported favorably by the 
following vote:  Yeas 9, Nays 0; May 2, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to certificates of mold remediation.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 3, Article 21.21-11, Insurance Code, is 
amended to read as follows:
	Sec. 3.  PROHIBITION.  An insurer may not make an 
underwriting decision regarding a residential property insurance 
policy based on previous mold damage or a claim for mold damage if:
		(1)  the applicant for insurance coverage has property 
eligible for coverage under a residential property policy;
		(2)  the property has had mold damage;                                        
		(3)  mold remediation has been performed on the 
property; and               
		(4)  the property was:                                                        
			(A)  remediated, as evidenced by a certificate of 
mold remediation issued to the property owner under Section 
1958.154, Occupations Code, that establishes with reasonable 
certainty that the underlying cause of the mold at the property has 
been remediated; or
			(B)  inspected by an independent assessor or 
adjustor who determined, based on the inspection, that the property 
does not contain evidence of mold damage.
	SECTION 2.  Section 1958.154(b), Occupations Code, is 
amended to read as follows:
	(b)  If a property owner sells property, the property owner 
shall provide to the buyer a copy of each certificate [that has 
been] issued for the property under this section during the five 
years preceding the date the property owner sells the property.
	SECTION 3.  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, 2005.



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