Texas 2023 - 88th Regular

Texas Senate Bill SB1213 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1213
2	2
3	3
4	4	AN ACT
5	5	relating to the establishment of the Mold Assessment and
6	6	Remediation Advisory Board under the Texas Department of Licensing
7	7	and Regulation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1958.001, Occupations Code, is amended
10	10	by amending Subdivision (1) and adding Subdivision (1-a) to read as
11	11	follows:
12	12	(1) "Advisory board" means the Mold Assessment and
13	13	Remediation Advisory Board.
14	14	(1-a) "Commission" means the Texas Commission of
15	15	Licensing and Regulation.
16	16	SECTION 2. Chapter 1958, Occupations Code, is amended by
17	17	adding Subchapter A-1 to read as follows:
18	18	SUBCHAPTER A-1. ADVISORY BOARD
19	19	Sec. 1958.031. ADVISORY BOARD MEMBERSHIP. (a) The Mold
20	20	Assessment and Remediation Advisory Board consists of 11 members
21	21	appointed by the presiding officer of the commission, with the
22	22	approval of the commission, as follows:
23	23	(1) three members who are licensed and engage in mold
24	24	assessment as consultants;
25	25	(2) three members who are licensed and engage in mold
26	26	remediation as contractors;
27	27	(3) two members who are building contractors
28	28	principally engaged in home construction and who are members of a
29	29	statewide building trade association;
30	30	(4) one member who is a representative of the
31	31	insurance industry;
32	32	(5) one member who is a representative of an
33	33	accredited mold training provider; and
34	34	(6) one member who represents the public.
35	35	(b) Appointments to the advisory board shall be made without
36	36	regard to the race, color, disability, sex, religion, age, or
37	37	national origin of the appointee.
38	38	(c) Chapter 2110, Government Code, does not apply to the
39	39	composition or duration of the advisory board or to the appointment
40	40	of the advisory board's presiding officer.
41	41	Sec. 1958.032. TERMS; VACANCY. (a) Members of the
42	42	advisory board serve staggered six-year terms, with the terms of
43	43	three or four members expiring on February 1 of each odd-numbered
44	44	year.
45	45	(b) If a vacancy occurs during a member's term, the
46	46	presiding officer of the commission, with the approval of the
47	47	commission, shall appoint a replacement who meets the
48	48	qualifications for the vacant position to serve for the remainder
49	49	of the term.
50	50	Sec. 1958.033. PRESIDING OFFICER. The presiding officer of
51	51	the commission, with the approval of the commission, shall appoint
52	52	one of the advisory board members to serve as presiding officer of
53	53	the advisory board for a term of one year.
54	54	Sec. 1958.034. DUTIES. The advisory board may advise the
55	55	commission and department on:
56	56	(1) technical matters relevant to the administration
57	57	of this chapter;
58	58	(2) standards or performance and work practices for
59	59	mold assessment or remediation;
60	60	(3) qualifications for the issuance or renewal of a
61	61	license, including any training or continuing education; and
62	62	(4) other issues affecting mold assessment and
63	63	remediation.
64	64	SECTION 3. Not later than December 1, 2023, the presiding
65	65	officer of the Texas Commission of Licensing and Regulation shall
66	66	appoint members to the Mold Assessment and Remediation Advisory
67	67	Board in accordance with Section 1958.031, Occupations Code, as
68	68	added by this Act.
69	69	SECTION 4. Notwithstanding Section 1958.032, Occupations
70	70	Code, as added by this Act, in making the initial appointments to
71	71	the Mold Assessment and Remediation Advisory Board, the presiding
72	72	officer of the Texas Commission of Licensing and Regulation shall
73	73	designate three members of the advisory board to serve terms
74	74	expiring February 1, 2025, four members to serve terms expiring
75	75	February 1, 2027, and four members to serve terms expiring February
76	76	1, 2029.
77	77	SECTION 5. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2023.
82	82	______________________________ ______________________________
83	83	President of the Senate Speaker of the House
84	84	I hereby certify that S.B. No. 1213 passed the Senate on
85	85	April 13, 2023, by the following vote: Yeas 26, Nays 4.
86	86	______________________________
87	87	Secretary of the Senate
88	88	I hereby certify that S.B. No. 1213 passed the House on
89	89	May 16, 2023, by the following vote: Yeas 112, Nays 29,
90	90	one present not voting.
91	91	______________________________
92	92	Chief Clerk of the House
93	93	Approved:
94	94	______________________________
95	95	Date
96	96	______________________________
97	97	Governor