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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing the licensing and regulation of mold |
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assessors and remediators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 544.303, Insurance Code, is amended to |
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read as follows: |
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Sec. 544.303. PROHIBITION OF CERTAIN UNDERWRITING |
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DECISIONS BASED ON PREVIOUS MOLD CLAIM OR DAMAGE. An insurer may |
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not make an underwriting decision regarding a residential property |
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insurance policy based on previous mold damage or a claim for mold |
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damage if: |
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(1) the applicant for insurance coverage has property |
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eligible for coverage under a residential property policy; |
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(2) the property has had mold damage; |
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(3) mold remediation has been performed on the |
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property; and |
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(4) the property was [:
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[(A) remediated, as evidenced by a certificate of
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mold remediation issued to the property owner under Section
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1958.154, Occupations Code, that establishes with reasonable
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certainty that the underlying cause of the mold at the property has
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been remediated; or
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[(B)] inspected and certified by an independent |
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assessor, adjuster, or person or entity experienced in the |
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remediation of mold damage, as prescribed by the department, [or
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adjustor] who determined, based on the inspection, that the |
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property does not contain evidence of mold damage. |
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SECTION 2. Chapter 1958, Occupations Code, is repealed. |
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SECTION 3. (a) On the effective date of this Act: |
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(1) a license or registration issued under former |
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Chapter 1958, Occupations Code, expires; and |
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(2) an action, including a complaint investigation, |
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disciplinary action, or administrative penalty proceeding pending |
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before the Texas Department of Licensing and Regulation relating to |
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an alleged violation of former Chapter 1958, Occupations Code, is |
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dismissed. |
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(b) As soon as practicable after the effective date of this |
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Act, the Texas Commission of Licensing and Regulation shall repeal |
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all rules regarding the regulation of mold assessors and |
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remediators adopted under former Chapter 1958, Occupations Code. |
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(c) An administrative penalty assessed by the Texas |
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Commission of Licensing and Regulation or the executive director of |
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the Texas Department of Licensing and Regulation related to a |
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violation of former Chapter 1958, Occupations Code, before the |
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effective date of this Act, may be collected as provided by Chapter |
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51, Occupations Code. |
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(d) A mold remediation initiated before the effective date |
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of this Act is governed by former Section 1958.154, Occupations |
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Code, as that section existed immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. A person who held on the effective date of this Act a mold |
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assessment or mold remediation license under former Chapter 1958, |
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Occupations Code, may sign and provide a certificate of mold |
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remediation after the effective date of this Act for a mold |
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remediation initiated before the effective date of this Act. |
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(e) The change in law made by this Act applies only to a |
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contract entered into or renewed on or after the effective date of |
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this Act. A contract entered into or renewed before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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(f) As soon as practicable after the effective date of this |
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Act, the commissioner of insurance shall adopt rules required by |
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Section 544.303, Insurance Code, as amended by this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |