By: Zaffirini S.B. No. 1213
 
  (Goldman)
 
   
 
 
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.