BILL ANALYSIS

Senate Research Center	C.S.S.B. 1213
88R19429 SHH-F	By: Zaffirini
	Business & Commerce
	3/30/2023
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The Texas Department of Licensing and Regulation (TDLR) has advisory boards for various programs consisting of industry professionals who provide guidance and recommendations. TDLR's mold assessor program, however, lacks an advisory board. This absence of an advisory board 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 would establish a Mold Assessor and Remediator Advisory Board so TDLR may benefit from access to the expertise provided by licensees, their customers, and other related industry representatives. Accordingly, it would allow TDLR to establish more effective and efficient mold assessments and remediation standards, consequently reducing the negative impact of mold on consumer health and property.

(Original Author's/Sponsor's Statement of Intent)

C.S.S.B. 1213 amends current law relating to the establishment of the Mold Assessment and Remediation Advisory Board under the Texas Department of Licensing and Regulation.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

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

(1) Defines "advisory board."

(1-a) Makes nonsubstantive changes to this subdivision.

SECTION 2. Amends Chapter 1958, Occupations Code, by adding Subchapter A-1, as follows:

SUBCHAPTER A-1. ADVISORY BOARD

Sec. 1958.031. ADVISORY BOARD MEMBERSHIP. (a) Provides that the Mold Assessment and Remediation Advisory Board (advisory board) consists of nine members appointed by the presiding officer of the Texas Commission of Licensing and Regulation (TCLR), with the approval of TCLR, 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) one member who is a building contractor principally engaged in home construction and is a member of a statewide building trade association;

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

(5) one member who represents the public.

(b) Requires that appointments to the advisory board be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(c) Provides that Chapter 2110 (State Agency Advisory Committees), Government Code, does not apply to the duration of the advisory board or to the appointment of the advisory board's presiding officer.

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

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

Sec. 1958.033. PRESIDING OFFICER. Requires the presiding officer of TCLR, with the approval of TCLR, to 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. Authorizes the advisory board to advise TCLR and the Texas Department of Licensing and Regulation on:

(1) technical matters relevant to the administration of Chapter 1958 (Mold Assessors and Remediators);

(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 continuous education; and

(4) other issues affecting mold assessment and remediation.

SECTION 3. Requires the presiding officer of TCLR to appoint members to the advisory board in accordance with Section 1958.031, Occupations Code, as added by this Act, not later than December 1, 2023.

SECTION 4. Requires the presiding officer of TCLR, notwithstanding Section 1958.032, Occupations Code, as added by this Act, in making the initial appointments to the advisory board, to designate three members of the advisory board to serve terms expiring February 1, 2025, three members to serve terms expiring February 1, 2027, and three members to serve terms expiring February 1, 2029.

SECTION 5. Effective date: upon passage or September 1, 2023.