| 4 | 7 | | |
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| 5 | 8 | | |
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| 6 | 9 | | A BILL TO BE ENTITLED |
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| 7 | 10 | | AN ACT |
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| 8 | 11 | | relating to the regulation of mold assessors and remediators. |
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| 9 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 13 | | SECTION 1. Section 1958.001(4), Occupations Code, is |
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| 11 | 14 | | amended to read as follows: |
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| 12 | 15 | | (4) "Mold" means any living or dead fungi or related |
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| 13 | 16 | | products or parts, including spores and[,] hyphae[, and |
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| 14 | 17 | | mycotoxins]. |
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| 15 | 18 | | SECTION 2. Section 1958.002(b), Occupations Code, is |
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| 16 | 19 | | amended to read as follows: |
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| 17 | 20 | | (b) This chapter does not apply to: |
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| 18 | 21 | | (1) the following activities when not conducted for |
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| 19 | 22 | | the purpose of mold assessment or mold remediation: |
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| 20 | 23 | | (A) routine cleaning; |
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| 21 | 24 | | (B) the diagnosis, repair, cleaning, or |
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| 22 | 25 | | replacement of plumbing, heating, ventilation, air conditioning, |
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| 23 | 26 | | electrical, or air duct systems or appliances; |
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| 24 | 27 | | (C) commercial or residential real estate |
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| 25 | 28 | | inspections; and |
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| 26 | 29 | | (D) the incidental discovery or emergency |
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| 27 | 30 | | containment of potential mold contamination during the conduct or |
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| 28 | 31 | | performance of services listed in this subsection; |
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| 29 | 32 | | (2) the repair, replacement, or cleaning of |
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| 30 | 33 | | construction materials during the building phase of the |
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| 31 | 34 | | construction of a structure; |
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| 32 | 35 | | (3) the standard performance of custodial activities |
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| 33 | 36 | | for, preventive maintenance of, and the routine assessment of |
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| 34 | 37 | | property owned or operated by a governmental entity; [or] |
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| 35 | 38 | | (4) a pest control inspection conducted by a person |
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| 36 | 39 | | regulated under Chapter 1951; or |
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| 37 | 40 | | (5) demolition of a structure after a fire or other |
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| 38 | 41 | | disaster. |
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| 39 | 42 | | SECTION 3. Section 1958.034, Occupations Code, is amended |
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| 40 | 43 | | to read as follows: |
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| 41 | 44 | | Sec. 1958.034. DUTIES. The advisory board may advise the |
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| 42 | 45 | | commission and department on: |
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| 43 | 46 | | (1) technical matters relevant to the administration |
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| 44 | 47 | | of this chapter; |
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| 45 | 48 | | (2) standards of [or] performance and work practices |
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| 46 | 49 | | for mold assessment or remediation; |
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| 47 | 50 | | (3) qualifications for the issuance or renewal of a |
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| 48 | 51 | | license, including any training or continuing education; and |
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| 49 | 52 | | (4) other issues affecting mold assessment and |
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| 50 | 53 | | remediation. |
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| 51 | 54 | | SECTION 4. Section 1958.102(b), Occupations Code, is |
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| 52 | 55 | | repealed. |
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| 53 | 56 | | SECTION 5. The change in law made by this Act applies only |
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| 54 | 57 | | to conduct that occurs on or after the effective date of this Act. |
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| 55 | 58 | | Conduct that occurs before the effective date of this Act is |
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| 56 | 59 | | governed by the law in effect on the date the conduct occurred, and |
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| 57 | 60 | | the former law is continued in effect for that purpose. |
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| 58 | 61 | | SECTION 6. This Act takes effect September 1, 2025. |
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