| 1 | 1 | | 86R12503 SOS-F |
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| 2 | 2 | | By: Zaffirini S.B. No. 1626 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to abolishing the licensing and regulation of mold |
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| 8 | 8 | | assessors and remediators. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 544.303, Insurance Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 544.303. PROHIBITION OF CERTAIN UNDERWRITING |
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| 13 | 13 | | DECISIONS BASED ON PREVIOUS MOLD CLAIM OR DAMAGE. An insurer may |
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| 14 | 14 | | not make an underwriting decision regarding a residential property |
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| 15 | 15 | | insurance policy based on previous mold damage or a claim for mold |
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| 16 | 16 | | damage if: |
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| 17 | 17 | | (1) the applicant for insurance coverage has property |
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| 18 | 18 | | eligible for coverage under a residential property policy; |
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| 19 | 19 | | (2) the property has had mold damage; |
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| 20 | 20 | | (3) mold remediation has been performed on the |
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| 21 | 21 | | property; and |
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| 22 | 22 | | (4) the property was [: |
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| 23 | 23 | | [(A) remediated, as evidenced by a certificate of |
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| 24 | 24 | | mold remediation issued to the property owner under Section |
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| 25 | 25 | | 1958.154, Occupations Code, that establishes with reasonable |
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| 26 | 26 | | certainty that the underlying cause of the mold at the property has |
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| 27 | 27 | | been remediated; or |
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| 28 | 28 | | [(B)] inspected and certified by an independent |
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| 29 | 29 | | assessor, adjuster, or person or entity experienced in the |
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| 30 | 30 | | remediation of mold damage, as prescribed by the department, [or |
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| 31 | 31 | | adjustor] who determined, based on the inspection, that the |
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| 32 | 32 | | property does not contain evidence of mold damage. |
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| 33 | 33 | | SECTION 2. Chapter 1958, Occupations Code, is repealed. |
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| 34 | 34 | | SECTION 3. (a) On the effective date of this Act: |
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| 35 | 35 | | (1) a license or registration issued under former |
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| 36 | 36 | | Chapter 1958, Occupations Code, expires; and |
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| 37 | 37 | | (2) an action, including a complaint investigation, |
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| 38 | 38 | | disciplinary action, or administrative penalty proceeding pending |
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| 39 | 39 | | before the Texas Department of Licensing and Regulation relating to |
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| 40 | 40 | | an alleged violation of former Chapter 1958, Occupations Code, is |
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| 41 | 41 | | dismissed. |
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| 42 | 42 | | (b) As soon as practicable after the effective date of this |
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| 43 | 43 | | Act, the Texas Commission of Licensing and Regulation shall repeal |
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| 44 | 44 | | all rules regarding the regulation of mold assessors and |
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| 45 | 45 | | remediators adopted under former Chapter 1958, Occupations Code. |
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| 46 | 46 | | (c) An administrative penalty assessed by the Texas |
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| 47 | 47 | | Commission of Licensing and Regulation or the executive director of |
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| 48 | 48 | | the Texas Department of Licensing and Regulation related to a |
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| 49 | 49 | | violation of former Chapter 1958, Occupations Code, before the |
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| 50 | 50 | | effective date of this Act, may be collected as provided by Chapter |
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| 51 | 51 | | 51, Occupations Code. |
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| 52 | 52 | | (d) A mold remediation initiated before the effective date |
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| 53 | 53 | | of this Act is governed by former Section 1958.154, Occupations |
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| 54 | 54 | | Code, as that section existed immediately before the effective date |
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| 55 | 55 | | of this Act, and the former law is continued in effect for that |
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| 56 | 56 | | purpose. A person who held on the effective date of this Act a mold |
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| 57 | 57 | | assessment or mold remediation license under former Chapter 1958, |
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| 58 | 58 | | Occupations Code, may sign and provide a certificate of mold |
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| 59 | 59 | | remediation after the effective date of this Act for a mold |
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| 60 | 60 | | remediation initiated before the effective date of this Act. |
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| 61 | 61 | | (e) The change in law made by this Act applies only to a |
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| 62 | 62 | | contract entered into or renewed on or after the effective date of |
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| 63 | 63 | | this Act. A contract entered into or renewed before the effective |
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| 64 | 64 | | date of this Act is governed by the law in effect immediately before |
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| 65 | 65 | | the effective date of this Act, and that law is continued in effect |
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| 66 | 66 | | for that purpose. |
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| 67 | 67 | | (f) As soon as practicable after the effective date of this |
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| 68 | 68 | | Act, the commissioner of insurance shall adopt rules required by |
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| 69 | 69 | | Section 544.303, Insurance Code, as amended by this Act. |
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| 70 | 70 | | SECTION 4. This Act takes effect September 1, 2019. |
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