S.B. No. 1213
AN ACT
relating to the establishment of the Mold Assessment and
Remediation Advisory Board under the Texas Department of Licensing
and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1958.001, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "Advisory board" means the Mold Assessment and
Remediation Advisory Board.
(1-a) "Commission" means the Texas Commission of
Licensing and Regulation.
SECTION 2. Chapter 1958, Occupations Code, is amended by
adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. ADVISORY BOARD
Sec. 1958.031. ADVISORY BOARD MEMBERSHIP. (a) The Mold
Assessment and Remediation Advisory Board consists of 11 members
appointed by the presiding officer of the commission, with the
approval of the commission, as follows:
(1) three members who are licensed and engage in mold
assessment as consultants;
(2) three members who are licensed and engage in mold
remediation as contractors;
(3) two members who are building contractors
principally engaged in home construction and who are members of a
statewide building trade association;
(4) one member who is a representative of the
insurance industry;
(5) one member who is a representative of an
accredited mold training provider; and
(6) one member who represents the public.
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
(c) Chapter 2110, Government Code, does not apply to the
composition or duration of the advisory board or to the appointment
of the advisory board's presiding officer.
Sec. 1958.032. TERMS; VACANCY. (a) Members of the
advisory board serve staggered six-year terms, with the terms of
three or four members expiring on February 1 of each odd-numbered
year.
(b) If a vacancy occurs during a member's term, the
presiding officer of the commission, with the approval of the
commission, shall appoint a replacement who meets the
qualifications for the vacant position to serve for the remainder
of the term.
Sec. 1958.033. PRESIDING OFFICER. The presiding officer of
the commission, with the approval of the commission, shall appoint
one of the advisory board members to serve as presiding officer of
the advisory board for a term of one year.
Sec. 1958.034. DUTIES. The advisory board may advise the
commission and department on:
(1) technical matters relevant to the administration
of this chapter;
(2) standards or performance and work practices for
mold assessment or remediation;
(3) qualifications for the issuance or renewal of a
license, including any training or continuing education; and
(4) other issues affecting mold assessment and
remediation.
SECTION 3. Not later than December 1, 2023, the presiding
officer of the Texas Commission of Licensing and Regulation shall
appoint members to the Mold Assessment and Remediation Advisory
Board in accordance with Section 1958.031, Occupations Code, as
added by this Act.
SECTION 4. Notwithstanding Section 1958.032, Occupations
Code, as added by this Act, in making the initial appointments to
the Mold Assessment and Remediation Advisory Board, the presiding
officer of the Texas Commission of Licensing and Regulation shall
designate three members of the advisory board to serve terms
expiring February 1, 2025, four members to serve terms expiring
February 1, 2027, and four members to serve terms expiring February
1, 2029.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1213 passed the Senate on
April 13, 2023, by the following vote: Yeas 26, Nays 4.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1213 passed the House on
May 16, 2023, by the following vote: Yeas 112, Nays 29,
one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor