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AN ACT
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relating to the establishment of the Mold Assessment and |
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Remediation Advisory Board under the Texas Department of Licensing |
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and Regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1958.001, Occupations Code, is amended |
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by amending Subdivision (1) and adding Subdivision (1-a) to read as |
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follows: |
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(1) "Advisory board" means the Mold Assessment and |
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Remediation Advisory Board. |
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(1-a) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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SECTION 2. Chapter 1958, Occupations Code, is amended by |
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adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. ADVISORY BOARD |
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Sec. 1958.031. ADVISORY BOARD MEMBERSHIP. (a) The Mold |
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Assessment and Remediation Advisory Board consists of 11 members |
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appointed by the presiding officer of the commission, with the |
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approval of the commission, as follows: |
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(1) three members who are licensed and engage in mold |
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assessment as consultants; |
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(2) three members who are licensed and engage in mold |
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remediation as contractors; |
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(3) two members who are building contractors |
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principally engaged in home construction and who are members of a |
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statewide building trade association; |
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(4) one member who is a representative of the |
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insurance industry; |
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(5) one member who is a representative of an |
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accredited mold training provider; and |
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(6) one member who represents the public. |
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(b) Appointments to the advisory board shall be made without |
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regard to the race, color, disability, sex, religion, age, or |
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national origin of the appointee. |
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(c) Chapter 2110, Government Code, does not apply to the |
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composition or duration of the advisory board or to the appointment |
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of the advisory board's presiding officer. |
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Sec. 1958.032. TERMS; VACANCY. (a) Members of the |
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advisory board serve staggered six-year terms, with the terms of |
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three or four members expiring on February 1 of each odd-numbered |
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year. |
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(b) If a vacancy occurs during a member's term, the |
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presiding officer of the commission, with the approval of the |
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commission, shall appoint a replacement who meets the |
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qualifications for the vacant position to serve for the remainder |
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of the term. |
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Sec. 1958.033. PRESIDING OFFICER. The presiding officer of |
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the commission, with the approval of the commission, shall appoint |
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one of the advisory board members to serve as presiding officer of |
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the advisory board for a term of one year. |
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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 or performance and work practices for |
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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 3. Not later than December 1, 2023, the presiding |
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officer of the Texas Commission of Licensing and Regulation shall |
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appoint members to the Mold Assessment and Remediation Advisory |
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Board in accordance with Section 1958.031, Occupations Code, as |
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added by this Act. |
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SECTION 4. Notwithstanding Section 1958.032, Occupations |
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Code, as added by this Act, in making the initial appointments to |
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the Mold Assessment and Remediation Advisory Board, the presiding |
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officer of the Texas Commission of Licensing and Regulation shall |
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designate three members of the advisory board to serve terms |
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expiring February 1, 2025, four members to serve terms expiring |
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February 1, 2027, and four members to serve terms expiring February |
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1, 2029. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1213 passed the Senate on |
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April 13, 2023, by the following vote: Yeas 26, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1213 passed the House on |
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May 16, 2023, by the following vote: Yeas 112, Nays 29, |
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one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |