Bill Text: TX SB1626 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to abolishing the licensing and regulation of mold assessors and remediators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to Business & Commerce [SB1626 Detail]
Download: Texas-2019-SB1626-Introduced.html
86R12503 SOS-F | ||
By: Zaffirini | S.B. No. 1626 |
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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 [ |
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assessor, adjuster, or person or entity experienced in the | ||
remediation of mold damage, as prescribed by the department, [ |
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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 Chapter 1958, Occupations Code, is repealed.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. |