Alliance Opposes Texas Mold Remediation Bill

January 23, 2003

The Alliance of American Insurers announced its opposition to HB 329, a bill introduced into the Texas House of Representatives that would create the Mold Assessors and Remediators Act. The act would establish regulations for mold remediation and provide educational and licensing requirements for individuals engaged in mold remediation.

“While supporters of this legislation argue that licensing remediators will minimize fraud and incompetent work by remediators, the Alliance opposes licensing on the grounds that licensing criteria are limited by deficiencies in the science which inhibits a clear understanding of remediation,” said Kirk Hansen, Alliance director of claims.

According to the Alliance, the bill would amend the Occupations Code by adding a new chapter, Mold Assessors and Remediators. Under the bill, the Texas Department of Health would provide statewide educational and outreach programs comprising of methods to recognize, prevent and mitigate mold occurrence. In addition, the Department would establish standards for conducting mold assessment or remediation in the state, and perform inspections to ensure compliance.

Rules would be adopted to create minimum requirements for a license, including the type, term, qualifications, renewal and liability insurance requirements. Under the licensing requirements, the Department would also require the individual to pass a competency examination and continue education courses.

The Alliance believes there is a strong probability that a bill licensing mold remediation will pass the legislature this session. Another bill, SB 129, was introduced this legislative session that also establishes procedures and regulations for mold remediation.

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