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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 |