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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of mold 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 1958.001(4), Occupations Code, is |
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amended to read as follows: |
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(4) "Mold" means any living or dead fungi or related |
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products or parts, including spores and[,] hyphae[, and |
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mycotoxins]. |
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SECTION 2. Section 1958.002(b), Occupations Code, is |
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amended to read as follows: |
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(b) This chapter does not apply to: |
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(1) the following activities when not conducted for |
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the purpose of mold assessment or mold remediation: |
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(A) routine cleaning; |
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(B) the diagnosis, repair, cleaning, or |
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replacement of plumbing, heating, ventilation, air conditioning, |
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electrical, or air duct systems or appliances; |
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(C) commercial or residential real estate |
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inspections; and |
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(D) the incidental discovery or emergency |
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containment of potential mold contamination during the conduct or |
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performance of services listed in this subsection; |
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(2) the repair, replacement, or cleaning of |
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construction materials during the building phase of the |
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construction of a structure; |
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(3) the standard performance of custodial activities |
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for, preventive maintenance of, and the routine assessment of |
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property owned or operated by a governmental entity; [or] |
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(4) a pest control inspection conducted by a person |
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regulated under Chapter 1951; or |
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(5) demolition of a structure after a fire or other |
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disaster. |
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SECTION 3. Section 1958.034, Occupations Code, is amended |
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to read as follows: |
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Sec. 1958.034. DUTIES. The advisory board may advise the |
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commission and department on: |
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(1) technical matters relevant to the administration |
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of this chapter; |
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(2) standards of [or] performance and work practices |
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for mold assessment or remediation; |
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(3) qualifications for the issuance or renewal of a |
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license, including any training or continuing education; and |
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(4) other issues affecting mold assessment and |
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remediation. |
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SECTION 4. Section 1958.102(b), Occupations Code, is |
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repealed. |
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SECTION 5. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |