Title OC, Occupations Code

Sec. 1956.125. INSPECTION OF RECORDS. On request, a metal recycling entity shall permit a peace officer, a representative of the department, or a representative of a county, municipality, or other political subdivision that issues a license or permit under Section 1956.003(b) to,…

Sec. 1956.126. EFFECT ON LOCAL LAW. (a) Notwithstanding Section 1956.003, a county, municipality, or political subdivision of this state may not: (1) with respect to a catalytic converter removed from a motor vehicle, restrict the purchase, acquisition, sale, transfer, or possess…

Sec. 1956.127. DECLARATION UPDATE. If the business activity of a metal recycling entity substantially changes in the extent to which the entity engages in transactions involving catalytic converters removed from motor vehicles, the entity shall update the entity's declaration sub…

Sec. 1956.128. ADMINISTRATIVE PENALTY. (a) The commission may impose an administrative penalty under Subchapter R, Chapter 411, Government Code, on a metal recycling entity that: (1) violates Section 1956.123 due to the entity's failure to exercise due diligence in purchasing or …

Sec. 1956.131. DEFINITION. Notwithstanding Section 1956.001, in this subchapter, the term "copper or brass material" does not include: (1) the material described by Section 1956.001(4)(B) or (C); or (2) common household insulated or noninsulated copper wire or cable. Added by Act…

Sec. 1956.132. APPLICABILITY; EFFECT OF LAW. (a) Notwithstanding any other provision of this chapter, this subchapter applies to the purchase or acquisition, from a person described by Section 1956.002(1), of copper or brass material. (b) This subchapter does not affect any requi…

Sec. 1956.133. LIMITATION ON PURCHASING OR OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL. A metal recycling entity may not purchase or otherwise acquire copper or brass material from a person described by Section 1956.002(1), unless each of the following is satisfied: (1) …

Sec. 1956.134. CERTAIN RECORDS REQUIRED WHEN PURCHASING OR OTHERWISE ACQUIRING CERTAIN COPPER OR BRASS MATERIAL; OFFENSE. (a) A metal recycling entity shall maintain an accurate record of each transaction in which the entity purchases or otherwise acquires copper or brass materia…

Sec. 1956.135. INSPECTION OF RECORDS. On request, a metal recycling entity shall permit a peace officer, a representative of the department, or a representative of a county, municipality, or other political subdivision that issues a license or permit under Section 1956.003(b) to,…

Sec. 1956.136. EFFECT ON LOCAL LAW. (a) Notwithstanding Section 1956.003, a county, municipality, or political subdivision of this state may not: (1) with respect to copper or brass material, restrict the purchase, acquisition, sale, transfer, or possession of the material by a p…

Sec. 1956.137. ADMINISTRATIVE PENALTY. (a) The commission may impose an administrative penalty under Subchapter R, Chapter 411, Government Code, on a metal recycling entity that: (1) violates Section 1956.133 due to the entity's failure to exercise due diligence in purchasing or …

Sec. 1956.151. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. The commission shall deny an application for a certificate of registration, suspend or revoke a certificate of registration, or reprimand a person who is registered under this chapter if the person: (1) obtains a certific…

Sec. 1956.153. HEARING. (a) A person whose application for a certificate of registration is denied, whose certificate of registration is suspended or revoked, or who is reprimanded is entitled to a hearing before the department if the person submits to the department a written re…

Sec. 1956.201. ENFORCEMENT PROCEEDINGS; INJUNCTION. (a) The department, the attorney general, or the district, county, or city attorney for the county or municipality in which an alleged violation of this chapter occurs may, on receipt of a verified complaint, bring an appropriat…

Sec. 1956.202. CIVIL PENALTY. (a) Except as provided by Subsection (d), a person who violates this chapter or a rule adopted under this chapter is liable to this state for a civil penalty of not more than $1,000 for each violation. (b) The amount of the penalty shall be based on:…

Sec. 1956.203. CRIMINAL PENALTY FOR CERTAIN SOLICITATION. (a) A person commits an offense if the person solicits the purchase of regulated material at a location other than a business location at which the material is produced as a by-product in the ordinary course of that busine…

Sec. 1956.204. GENERAL CRIMINAL PENALTY. (a) A person commits an offense if the person violates this chapter or a rule adopted under this chapter, including a rule, charter, or ordinance adopted, an order issued, or a standard imposed by a county, municipality, or political subdi…

Sec. 1957.001. SHORT TITLE. This chapter may be cited as the Industrial Hygiene Title Recognition Act. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003.

Sec. 1957.002. INDUSTRIAL HYGIENE CERTIFICATION ORGANIZATION. (a) In this chapter, "industrial hygiene certification organization" means a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying ind…

Sec. 1957.003. CERTIFICATION REQUIRED. (a) A person may not use the title of or represent to the public that the person is a "certified industrial hygienist" or use the initials "CIH" unless the person is certified by the American Board of Industrial Hygiene as a certified indust…

Sec. 1957.004. CIVIL PENALTY. (a) A person who violates Section 1957.003 is subject to a civil penalty of not more than $1,000 for each violation. (b) The attorney general may bring an action to recover the civil penalty. (c) A penalty recovered under this section shall be deposi…

Sec. 1958.001. DEFINITIONS. In this chapter: (1) "Advisory board" means the Mold Assessment and Remediation Advisory Board. (1-a) "Commission" means the Texas Commission of Licensing and Regulation. (1-b) "Department" means the Texas Department of Licensing and Regulation. (2) "E…

Sec. 1958.002. SCOPE OF AUTHORITY. (a) This chapter applies only to the regulation of mold-related activities that affect indoor air quality, including a mold-related activity performed by a third party for compensation at a property owned or operated by a governmental entity. (b…

Sec. 1958.031. ADVISORY BOARD MEMBERSHIP. (a) The Mold Assessment and Remediation Advisory Board consists of 11 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 ass…

Sec. 1958.032. TERMS; VACANCY. (a) Members of the advisory board serve staggered six-year terms. (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 …

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 two years. Added by Acts 2023, 88th Leg., R.S., Ch. 28…

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 of performance and work practices for mold assessment or remediation; (3) qualifications for the issuance or …

Sec. 1958.051. GENERAL POWERS AND DUTIES. The executive director shall administer and enforce this chapter to protect the public from the adverse health effects of mold. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch…

Sec. 1958.052. PUBLIC EDUCATION PROGRAM. (a) The department shall conduct a statewide education and outreach program regarding the importance of, and ways to improve, air quality in buildings, including the importance of, and the ways to recognize, prevent, control, and mitigate,…

Sec. 1958.0531. RULES. The commission shall adopt rules as necessary to administer this chapter. Added by Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 11.001, eff. September 1, 2017.

Sec. 1958.054. RULES REGARDING PERFORMANCE STANDARDS AND WORK PRACTICES. The commission by rule shall establish minimum performance standards and work practices for conducting a mold assessment or mold remediation in this state. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff…

Sec. 1958.056. INSPECTIONS. (a) The department shall conduct inspections as necessary to ensure compliance with this chapter. (b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(26), eff. September 1, 2021. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, ef…

Sec. 1958.058. SAFETY STANDARDS. The commission by rule may develop and establish mold safety standards for license holders if appropriate scientific information exists regarding the effect of mold. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003. Amended by: A…

Sec. 1958.059. CODE OF ETHICS. The commission by rule shall adopt a code of ethics for license holders that promotes the education of mold assessors and mold remediators concerning the ethical, legal, and business principles that should govern their conduct. Added by Acts 2003, 7…

Sec. 1958.101. LICENSE REQUIRED; RULES. (a) A person may not engage in: (1) mold assessment unless the person holds a mold assessment license; or (2) mold remediation unless the person holds a mold remediation license. (b) The commission shall adopt rules regarding: (1) the scope…

Sec. 1958.1011. TERM OF LICENSE. A license issued under this chapter is valid for two years. Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.300, eff. April 2, 2015.

Sec. 1958.102. EXEMPTIONS. (a) An owner or tenant, or a managing agent or employee of an owner or tenant, is not required to be licensed under this chapter to perform mold assessment or mold remediation on property owned or leased by the owner or tenant. This exemption does not a…

Sec. 1958.103. REGISTRATION REQUIREMENTS FOR EMPLOYEES. The commission may adopt rules to require the registration of employees supervised by license holders. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 2…

Sec. 1958.104. RULES REGARDING LICENSE APPLICATION. The commission shall adopt rules regarding a license application. The commission shall adopt rules that establish minimum requirements for a license, including: (1) the type of license; (2) the qualifications for the license, in…

Sec. 1958.105. EXAMINATION. The department may require that an applicant for a license pass a competency examination to qualify for the license. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 642 (H.B. 2746), Sec. 1, eff.…

Sec. 1958.106. TRAINING. (a) The commission shall adopt rules regarding training required under this chapter. (b) The rules may include requirements regarding training providers, including rules establishing: (1) accreditation by the department; (2) curriculum requirements; and (…

Sec. 1958.151. SCOPE OF WORK ANALYSIS. (a) A license holder who intends to perform mold assessment on a mold remediation project shall prepare a work analysis for the project. The license holder shall provide the analysis to the client before the mold remediation begins. (b) The …

Sec. 1958.152. REMEDIATION WORK PLAN. (a) A license holder who intends to perform mold remediation shall prepare a work plan providing instructions for the remediation efforts to be performed for the mold remediation project. The license holder shall provide the work plan to the …

Sec. 1958.153. NOTICE OF PROJECT. (a) Except as provided by Subsection (b), not later than the fifth day before the date on which a license holder starts mold remediation at a property, the license holder shall notify the department in a manner prescribed by the department about …

Sec. 1958.154. CERTIFICATE OF MOLD REMEDIATION; DUTY OF PROPERTY OWNER. (a) Not later than the 10th day after the date on which a license holder completes mold remediation at a property, the license holder shall provide a certificate of mold remediation to the property owner. The…

Sec. 1958.155. CONFLICT OF INTEREST; DISCLOSURE REQUIRED. (a) A license holder may not perform both mold assessment and mold remediation on the same project. (b) A person may not own an interest in both the entity that performs assessment services and an entity that performs reme…