Adopted Repeal of Duplicate Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Mold Assessors and Remediators
16 TAC Chapter 149, repeal §§149.1 - 149.38

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code, Chapter 149, §§149.1 - 149.38, regarding the Mold Assessors and Remediators program, as noticed in the February 2, 2018, issue of the Texas Register (43 TexReg 515). The rules will not be republished.

The Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which, in part, transferred 13 occupational licensing programs in two phases from the Department of State Health Services (DSHS) to the Commission and the Texas Department of Licensing and Regulation (Department).

On August 18, 2017, the Commission adopted its own set of rules for the Mold Assessors and Remediators program located at 16 TAC Chapter 78. The Commission’s rules were effective November 1, 2017. (42 TexReg 4619). The Department officially commenced all regulatory functions for the Mold Assessors and Remediators program on November 1, 2017.

The current 16 TAC Chapter 149 rules were transferred from DSHS to be repealed to eliminate possible industry and public confusion (42 TexReg 6202). These rules were formerly located at 25 TAC Chapter 295, Subchapter J. The adopted repeal is necessary to complete the implementation of S.B. 202.

The adopted repeal of §§149.1-149.38 eliminates possible industry and public confusion by removing duplicate, obsolete, and inactive rules for the Mold Assessors and Remediators program.

The Department drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the February 2, 2018, issue of the Texas Register (43 TexReg 515). The deadline for public comment was March 5, 2018. The Department did not receive any comments during the 30-day public comment period.

At its meeting held on March 27, 2018, the Commission adopted the proposed repeal.

The repeal is adopted under Texas Occupations Code, Chapters 51 and 1958, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 1958. No other statutes, articles, or codes are affected by the adoption.

[ §149.1 General Provisions. ]

[ §149.2 Definitions. ]

[ §149.3 Exceptions and Exemptions. ]

[ §149.4 Code of Ethics. ]

[ §149.5 Credentials: General Conditions. ]

[ §149.6 Credentials: General Responsibilities. ]

[ §149.7 Conflict of Interest and Disclosure Requirement. ]

[ §149.8 Credentials: Applications and Renewals. ]

[ §149.9 Licensing: Insurance Requirements. ]

[ §149.10 Licensing: State Licensing Examination. ]

[ §149.11 Mold Assessment Technician: Licensing Requirements. ]

[ §149.12 Mold Assessment Consultant: Licensing Requirements. ]

[ §149.13 Mold Assessment Company: Licensing Requirements. ]

[ §149.14 Mold Remediation Worker: Registration Requirements. ]

[ §149.15 Mold Remediation Contractor: Licensing Requirements. ]

[ §149.16 Mold Remediation Company: Licensing Requirements. ]

[ §149.17 Mold Analysis Laboratory: Licensing Requirements. ]

[ §149.18 Mold Training Provider: Accreditation. ]

[ §149.19 Training: Approval of Training Courses and Instructors. ]

[ §149.20 Training: Required Mold Training Courses. ]

[ §149.21 Minimum Work Practices and Procedures for Mold Assessment. ]

[ §149.22 Minimum Work Practices and Procedures for Mold Remediation. ]

[ §149.23 Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems. ]

[ §149.24 Post-Remediation Assessment and Clearance. ]

[ §149.25 Notifications. ]

[ §149.26 Recordkeeping. ]

[ §149.27 Photographs; Certificate of Mold Damage Remediation; Duty of Property Owner. ]

[ §149.28 Complaints. ]

[ §149.29 Compliance: Inspections and Investigations. ]

[ §149.30 Compliance: Reprimand, Suspension, Revocation, Probation. ]

[ §149.31 Compliance: Administrative Penalty. ]

[ §149.32 Compliance: Exception to the Administrative Penalty. ]

[ §149.33 Compliance: Notice; Opportunity for Hearing; Order. ]

[ §149.34 Compliance: Options Following Administrative Order. ]

[ §149.35 Compliance: Collection of Administrative Penalty; Judicial Review. ]

[ §149.36 Compliance: Civil Penalty. ]

[ §149.37 Compliance: Injunctive Relief. ]

[ §149.38 Civil Liability Exemption for Certain Property Owners or Governmental Entities. ]

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on April 5, 2018.


Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation