86R12503 SOS-F
By: Zaffirini S.B. No. 1626
A BILL TO BE ENTITLED
AN ACT
relating to abolishing the licensing and regulation of mold
assessors and remediators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 544.303, Insurance Code, is amended to
read as follows:
Sec. 544.303. PROHIBITION OF CERTAIN UNDERWRITING
DECISIONS BASED ON PREVIOUS MOLD CLAIM OR DAMAGE. An insurer may
not make an underwriting decision regarding a residential property
insurance policy based on previous mold damage or a claim for mold
damage if:
(1) the applicant for insurance coverage has property
eligible for coverage under a residential property policy;
(2) the property has had mold damage;
(3) mold remediation has been performed on the
property; and
(4) the property was [:
[(A) remediated, as evidenced by a certificate of
mold remediation issued to the property owner under Section
1958.154, Occupations Code, that establishes with reasonable
certainty that the underlying cause of the mold at the property has
been remediated; or
[(B)] inspected and certified by an independent
assessor, adjuster, or person or entity experienced in the
remediation of mold damage, as prescribed by the department, [or
adjustor] who determined, based on the inspection, that the
property does not contain evidence of mold damage.
SECTION 2. Chapter 1958, Occupations Code, is repealed.
SECTION 3. (a) On the effective date of this Act:
(1) a license or registration issued under former
Chapter 1958, Occupations Code, expires; and
(2) an action, including a complaint investigation,
disciplinary action, or administrative penalty proceeding pending
before the Texas Department of Licensing and Regulation relating to
an alleged violation of former Chapter 1958, Occupations Code, is
dismissed.
(b) As soon as practicable after the effective date of this
Act, the Texas Commission of Licensing and Regulation shall repeal
all rules regarding the regulation of mold assessors and
remediators adopted under former Chapter 1958, Occupations Code.
(c) An administrative penalty assessed by the Texas
Commission of Licensing and Regulation or the executive director of
the Texas Department of Licensing and Regulation related to a
violation of former Chapter 1958, Occupations Code, before the
effective date of this Act, may be collected as provided by Chapter
51, Occupations Code.
(d) A mold remediation initiated before the effective date
of this Act is governed by former Section 1958.154, Occupations
Code, as that section existed immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose. A person who held on the effective date of this Act a mold
assessment or mold remediation license under former Chapter 1958,
Occupations Code, may sign and provide a certificate of mold
remediation after the effective date of this Act for a mold
remediation initiated before the effective date of this Act.
(e) The change in law made by this Act applies only to a
contract entered into or renewed on or after the effective date of
this Act. A contract entered into or renewed before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
(f) As soon as practicable after the effective date of this
Act, the commissioner of insurance shall adopt rules required by
Section 544.303, Insurance Code, as amended by this Act.
SECTION 4. This Act takes effect September 1, 2019.