By: Zaffirini  S.B. No. 1213          (In the Senate - Filed February 24, 2023; March 9, 2023,   read first time and referred to Committee on Business & Commerce;   March 31, 2023, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 11, Nays 0; March 31, 2023,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1213 By:  Nichols     A BILL TO BE ENTITLED   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 nine 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)  one member who is a building contractor   principally engaged in home construction and is a member of a   statewide building trade association;                (4)  one member who is a representative of an   accredited mold training provider; and                (5)  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 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, three members to serve terms expiring   February 1, 2027, and three 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.     * * * * *