reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter A. -1. Advisory Board › Section 1958.034. Duties

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.
Added by Acts 2023, 88th Leg., R.S., Ch. 282 (S.B. 1213), Sec. 2, eff. May 29, 2023.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter B. Powers and Duties › Section 1958.051. General Powers and Duties

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. 838 (S.B. 202), Sec. 1.279, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter B. Powers and Duties › Section 1958.052. Public Education Program

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, mold occurrence and other indoor air quality factors that adversely affect human health.
(b)  The program may include:
(1)  the development and distribution of information to the public concerning indoor air quality and mold;
(2)  educational programs;
(3)  informational or educational exhibits;  and
(4)  any other methods of education or communication that the department considers appropriate.
(c)  The department may contract with governmental entities or other persons to provide the program.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter B. Powers and Duties › Section 1958.0531. Rules

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.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter B. Powers and Duties › Section 1958.054. Rules Regarding Performance Standards and Work Practices

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. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.294, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.280, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter B. Powers and Duties › Section 1958.056. Inspections

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, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.296, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.281, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.25(26), eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter B. Powers and Duties › Section 1958.058. Safety Standards

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:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.297, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.282, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter B. Powers and Duties › Section 1958.059. Code of Ethics

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, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.298, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.283, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter C. License and Registration Requirements › Section 1958.101. License Required; Rules

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 of mold-related work for which a license is required, including the supervision of employees or other persons by license holders; and
(2)  renewal requirements for a license issued under this chapter.
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. 219), Sec. 5.299, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.284, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter C. License and Registration Requirements › Section 1958.1011. Term of License

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.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter C. License and Registration Requirements › Section 1958.102. Exemptions

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 apply:
(1)  if the managing agent or employee engages in the business of performing mold assessment or mold remediation for the public;
(2)  if the mold remediation is performed in an area in which the mold contamination affects a total surface area of 25 contiguous square feet or more;  or
(3)  to a person who is exempt under Subsection (e).
(b)  An employee of a license holder is not required to be licensed under this chapter to perform mold assessment or mold remediation while supervised by the license holder, as provided by rules adopted under Section 1958.101.
(c)  A person is not required to be licensed under this chapter to perform mold remediation in an area in which the mold contamination affects a total surface area for the project of less than 25 contiguous square feet.
(d)  A person is not required to be licensed under this chapter to perform mold assessment or mold remediation in a one-family or two-family dwelling that the person constructed or improved if the person performs the mold assessment or mold remediation at the same time the person performs the construction or improvement or at the same time the person performs repair work on the construction or improvement.  This exemption does not apply if the person engages in the business of performing mold assessment or mold remediation for the public.
(e)  An owner, or a managing agent or employee of an owner, is not required to be licensed under this chapter to perform mold assessment or mold remediation on a residential property owned by that person with fewer than 10 dwelling units.  This exemption does not apply if the managing agent or employee engages in the business of performing mold assessment or mold remediation for the public.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter C. License and Registration Requirements › Section 1958.103. Registration Requirements for Employees

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. 219), Sec. 5.301, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.285, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter C. License and Registration Requirements › Section 1958.104. Rules Regarding License Application

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, including any previous training required under Section 1958.106;
(3)  renewal requirements for the license; and
(4)  liability insurance requirements for the license.
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. 219), Sec. 5.302, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.286, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.21, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter C. License and Registration Requirements › Section 1958.105. Examination

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. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 11.002, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter C. License and Registration Requirements › Section 1958.106. Training

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
(3)  qualifications.
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. 219), Sec. 5.303, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.287, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.22, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter D. Practice by License Holder › Section 1958.151. Scope of Work Analysis

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 work analysis must specify:
(1)  the rooms or areas where the work will be performed;
(2)  the quantities of materials to be removed or cleaned at the project;
(3)  the proposed methods for each type of remediation in each type of area in the project;  and
(4)  the proposed clearance criteria for each type of remediation in each type of area in the project.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter D. Practice by License Holder › Section 1958.152. Remediation Work Plan

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 client before the mold remediation begins.
(b)  The license holder shall maintain a copy of the work plan at the job site where the remediation is being performed.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter D. Practice by License Holder › Section 1958.153. Notice of Project

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 the project.
(b)  In an emergency, notice to the department under Subsection (a) must be made not later than the next business day after the license holder identifies the emergency.  For purposes of this subsection, an emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination.
(c)  The commission shall adopt rules to implement this section, including rules describing the information that must be provided in the notice.
(d)  The department shall develop a mechanism by which a license holder may notify the department of an emergency as required by Subsection (b).
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. 219), Sec. 5.305, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.288, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 11.003, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter D. Practice by License Holder › Section 1958.154. Certificate of Mold Remediation; Duty of Property Owner

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 certificate must include a statement by a mold assessment license holder that, based on visual, procedural, and analytical evaluation, the mold contamination identified for the project has been remediated as outlined in the mold management plan or remediation protocol.  If the mold assessment license holder determines that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated cause, the mold assessment license holder shall indicate on the certificate that the underlying cause of the mold has been remediated.
(b)  If a property owner sells property, the property owner shall provide to the buyer a copy of each certificate issued for the property under this section during the five years preceding the date the property owner sells the property.
(c)  The commission shall adopt rules to implement this section, other than rules described by Subsection (d).
(d)  The commissioner of insurance shall adopt rules describing the information that must be provided in the certificate of mold remediation.  In adopting the rules, the commissioner shall design the certificate as necessary to comply with any requirements imposed under Subchapter G, Chapter 544, Insurance Code.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 149 (H.B. 1328), Sec. 2, eff. May 24, 2005.
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.153, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.306, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.289, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter D. Practice by License Holder › Section 1958.155. Conflict of Interest; Disclosure Required

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 remediation services on the same project.
(c)  A license holder who is not an individual shall disclose to the department the name, address, and occupation of each person that has an ownership interest in the license holder.  The license holder shall report any changes in ownership to the department.  The commission shall adopt rules to implement this section, including rules regarding the form of the disclosure and the time required to make disclosures or to report a change in ownership.
(d)  This section does not apply to a license holder employed by a school district working on a project for that school district.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 126 (H.B. 74), Sec. 1, eff. May 24, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.307, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.290, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter D. Practice by License Holder › Section 1958.156. Record Requirements; Duties of Mold Remediators

Sec. 1958.156.  RECORD REQUIREMENTS;  DUTIES OF MOLD REMEDIATORS.  (a)  A mold remediator shall maintain a record regarding each mold remediation performed for at least three years after the date of completion of the mold remediation on a property.
(b)  The mold remediator shall make the record available for inspection by the department or any law enforcement entity.
(c)  The record must contain:
(1)  photographs of the scene of the mold remediation taken before and after the remediation;
(2)  the written contract between the mold remediator or any other party regarding the mold remediation;
(3)  all invoices issued regarding the mold remediation;  and
(4)  any other material required by the department.
(d)  Not later than the 10th day after the date of completion of a mold remediation, the mold remediator license holder shall provide the property owner with copies of all photographs required by this section.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 11.004, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter D. Practice by License Holder › Section 1958.157. Office Location

Sec. 1958.157.  OFFICE LOCATION.  A license holder shall maintain an office in this state.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter D. Practice by License Holder › Section 1958.158. Service of Process on License Holder

Sec. 1958.158.  SERVICE OF PROCESS ON LICENSE HOLDER.  The department may serve any notice that law requires the department to serve on a license holder by:
(1)  personal service on the license holder;
(2)  certified mail, return receipt requested, to the license holder at the last known address the license holder provided to the department; or
(3)  certified electronic mail to the license holder at the last known electronic mail address the license holder provided to the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 1105 (H.B. 4007), Sec. 11.005, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter G. Other Penalties; Enforcement Provisions; Exemptions From Civil Liability › Section 1958.303. Exemption From Civil Liability for Certain Property Owners

Sec. 1958.303.  EXEMPTION FROM CIVIL LIABILITY FOR CERTAIN PROPERTY OWNERS.  A property owner is not liable for damages related to mold remediation on a property if:
(1)  a certificate of mold remediation has been issued under this chapter for that property;  and
(2)  the damages accrued on or before the date of the issuance of the certificate.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 12 - Practices and Trades Related to Water, Health, and Safety › Subtitle B - Practices Related to Health and Safety › Chapter 1958 - Mold Assessors and Remediators › Subchapter G. Other Penalties; Enforcement Provisions; Exemptions From Civil Liability › Section 1958.304. Exemption From Civil Liability for Certain Governmental Entities

Sec. 1958.304.  EXEMPTION FROM CIVIL LIABILITY FOR CERTAIN GOVERNMENTAL ENTITIES.  A person is not liable in a civil lawsuit for damages related to a decision to allow occupancy of a property after mold remediation has been performed on the property if:
(1)  a certificate of mold remediation has been issued under this chapter for the property;
(2)  the property is owned or occupied by a governmental entity, including a school;  and
(3)  the decision was made by the owner, occupier, or any person authorized by the owner or occupier to make the decision.
Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter A. General Provisions › Section 2001.001. Short Title

Sec. 2001.001.  SHORT TITLE.  This chapter may be cited as the Bingo Enabling Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter A. General Provisions › Section 2001.003. Regulatory Funding From License Fees and Bingo Prize Fees

Sec. 2001.003.  REGULATORY FUNDING FROM LICENSE FEES AND BINGO PRIZE FEES.  It is the intent of the legislature that the funding necessary for the administration of this chapter by the commission be collected by the commission from commercial lessor, manufacturer, and distributor license fees and money paid to the commission by bingo players as bingo prize fees.
Added by Acts 2017, 85th Leg., R.S., Ch. 860 (H.B. 2578), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.051. Control and Supervision of Bingo; Bingo Division

Sec. 2001.051.  CONTROL AND SUPERVISION OF BINGO;  BINGO DIVISION.  (a)  The commission shall administer this chapter.
(b)  The commission has broad authority and shall exercise strict control and close supervision over all bingo conducted in this state so that bingo is fairly conducted and the proceeds derived from bingo are used for an authorized purpose.
(c)  The commission shall execute its authority through a bingo division established by the commission to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.052. Director of Bingo Operations

Sec. 2001.052.  DIRECTOR OF BINGO OPERATIONS.  (a)  The commission shall employ a director of bingo operations.
(b)  The director of bingo operations shall administer the bingo division under the direction of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.053. Officers and Investigators

Sec. 2001.053.  OFFICERS AND INVESTIGATORS.  The commission may employ officers or investigators the commission considers necessary to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.054. Rulemaking Authority

Sec. 2001.054.  RULEMAKING AUTHORITY.  The commission may adopt rules to enforce and administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.0541. Rules on Consequences of Criminal Conviction

Sec. 2001.0541.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.  The commission shall adopt rules and guidelines as necessary to comply with Chapter 53 when using criminal history record information under this chapter to issue or renew a bingo license or to list or renew the listing of an individual in the registry of approved bingo workers.
Added by Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 18, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.055. Regulation of Games

Sec. 2001.055.  REGULATION OF GAMES.  The commission by rule may establish the number and type of bingo games that may be played during a bingo occasion.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.056. Approval of Bingo Cards

Sec. 2001.056.  APPROVAL OF BINGO CARDS.  (a)  The commission by rule shall provide procedures for the approval of bingo cards.
(b)  A license holder may not use or distribute a bingo card unless the card has been approved by the commission.
(c)  The commission may set the price or adopt a schedule of prices for the sale or provision of bingo cards by a licensed authorized organization.
(d)  A licensed authorized organization may not sell or provide a bingo card at a price other than a price authorized by the commission or a schedule adopted by the commission.
(e)  The commission by rule may require a licensed authorized organization to notify the commission of the price for bingo cards the organization will use for one or more reporting periods.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.057. Bingo Advisory Committee

Sec. 2001.057.  BINGO ADVISORY COMMITTEE.  (a)  The commission may appoint a bingo advisory committee consisting of nine members.  The commission shall appoint members representing a balance of interests including representatives of:
(1)  the public;
(2)  charities that operate bingo games;  and
(3)  commercial and charity lessors that participate in the bingo industry.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 636, Sec. 42(2), eff. October 1, 2009.
(c)  A committee member serves at the pleasure of the commission.
(d)  A committee member is not entitled to receive compensation for serving as a member.  A committee member is entitled to reimbursement for reasonable expenses incurred in performing duties as a member.
(e)  The committee may:
(1)  advise the commission on the needs and problems of the state's bingo industry;
(2)  comment on rules involving bingo during their development and before final adoption unless an emergency requires immediate action by the commission;
(3)  report annually to the commission on the committee's activities;  and
(4)  perform other duties as determined by the commission.
(f)  The committee may meet quarterly or at the commission's request.
(g)  The commission may adopt rules to govern the operations of the committee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 42(2), eff. October 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.058. Public Information

Sec. 2001.058.  PUBLIC INFORMATION.  (a)  The commission shall provide to any person on request a printed copy of this chapter and the rules applicable to the enforcement of this chapter.
(b)  The commission may charge a reasonable amount for a copy provided under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.059. Advisory Opinions

Sec. 2001.059.  ADVISORY OPINIONS.  (a)  An officer, bingo chairperson, or authorized representative of a license holder or an attorney, accountant, or bookkeeper employed or retained by a license holder may request from the commission an advisory opinion regarding compliance with this chapter and the rules of the commission.
(b)  The commission shall respond to a request under Subsection (a) not later than the 60th day after the date a request is received, unless the commission determines that the request does not contain sufficient facts to provide an answer on which the requestor may rely.  In that event, the commission shall request additional information from the requestor not later than the 10th day after the date the request is received.  If the commission requests additional information, the commission shall respond to the request not later than the 60th day after the date additional information is received pursuant to the request for additional information.
(c)  A person who requests an advisory opinion under Subsection (a) may act in reliance on the opinion in the conduct of any activity under any license issued under this chapter if the conduct is substantially consistent with the opinion and the facts stated in the request.
(d)  An advisory opinion issued under this section is not a rule under Subchapter B, Chapter 2001, Government Code, and the rulemaking requirements of that subchapter do not apply to a request for an advisory opinion or any advisory opinion issued by the commission.
(e)  Nothing in this section precludes the commission from requesting an attorney general opinion under Section 402.042, Government Code.  In the event the commission requests an attorney general opinion on a matter that is the subject of an advisory opinion request under this section, the deadlines established under Subsection (b) are tolled until 30 days following the issuance of the attorney general opinion.
(f)  The commission may delegate all or part of the authority and procedures for issuing advisory opinions under this section to an employee of the commission.
(g)  The commission may refuse to issue an advisory opinion under this section on a matter that the commission knows to be in active litigation.
Added by Acts 2003, 78th Leg., ch. 1114, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 2, eff. October 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.060. Reporting

Sec. 2001.060.  REPORTING.  (a)  On or before June 1 of each even-numbered year, the commission shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, and the chairs of the standing committees of the senate and house of representatives with primary jurisdiction over charitable bingo a report stating for each of the preceding two calendar years:
(1)  the total amount of adjusted gross receipts reported by licensed authorized organizations from their bingo operations;
(2)  the total amount of net proceeds reported by licensed authorized organizations from their bingo operations; and
(3)  a comparison of the amounts reported under Subdivisions (1) and (2), including the percentage that the net proceeds represents of the adjusted gross receipts.
(b)  For purposes of Subsection (a), "adjusted gross receipts" means the amount remaining after deducting prizes paid, excluding prize fees collected from bingo players.
(c)  For purposes of Subsection (a), the commission shall determine the total amount of net proceeds in a manner that does not reduce gross receipts by the amount of rent paid for the rental of bingo premises by a licensed authorized organization to another licensed authorized organization if the other organization pays rent for the premises to a licensed commercial lessor.
Added by Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 3, eff. October 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter B. Commission Powers and Duties › Section 2001.061. License Renewal Process

Sec. 2001.061.  LICENSE RENEWAL PROCESS.  The commission shall adopt rules governing each part of the license renewal process for all licenses issued under this chapter, from application submission to completion of the renewal process. The process must require a license holder renewing a license to submit to the commission the information required in the initial license application.
Added by Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 19, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter C. License to Conduct Bingo › Section 2001.101. Authorized Organization

Sec. 2001.101.  AUTHORIZED ORGANIZATION.  (a)  The commission may license a person who is an authorized organization eligible for a license to conduct bingo if the person is:
(1)  a religious society that has existed in this state for at least three years;
(2)  a nonprofit organization:
(A)  whose predominant activities are for the support of medical research or treatment programs; and
(B)  that for at least three years:
(i)  must have had a governing body or officers elected by a vote of members or by a vote of delegates elected by the members; or
(ii)  must have been affiliated with a state or national organization organized to perform the same purposes as the nonprofit organization;
(3)  a fraternal organization;
(4)  a veterans organization that has existed in this state for at least three years;
(5)  a volunteer fire department that has existed in this state for at least three years; or
(6)  a volunteer emergency medical services provider that has existed in this state for at least three years.
(b)  A fraternal organization:
(1)  must have been organized in this state for at least three years;
(2)  must have had during the three-year period a bona fide membership actively and continuously engaged as an organization in furthering its authorized purposes;  and
(3)  may not have authorized a person on behalf of its membership, governing body, or officers to support or oppose a particular candidate for public office by:
(A)  making political speeches;
(B)  passing out cards or other political literature;
(C)  writing letters;
(D)  signing or circulating petitions;
(E)  making campaign contributions;  or
(F)  soliciting votes.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 4, eff. October 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter C. License to Conduct Bingo › Section 2001.102. License Application

Sec. 2001.102.  LICENSE APPLICATION.  (a)  An applicant for a license to conduct bingo must file with the commission an application on a form prescribed by the commission.
(b)  The application must include:
(1)  the name and address of the applicant;
(2)  the names and addresses of the applicant's officers and directors;
(3)  the address of the premises where and the time when the applicant intends to conduct bingo under the license sought;
(4)  the name and address of the licensed commercial lessor of the premises, if the applicant intends to lease premises to conduct bingo from a person other than an authorized organization;
(5)   a statement that the net proceeds of bingo will go to one or more of the authorized charitable purposes under this chapter;
(6)  a designation of the applicant organization's bingo chairperson under whom bingo will be conducted accompanied by a statement signed by the chairperson stating that the chairperson will be responsible for the conduct of bingo under the terms of the license and this chapter;
(7)  sufficient facts relating to the applicant's incorporation and organization to enable the commission to determine whether the applicant is an authorized organization;
(8)  a copy of the applicant organization's most recently filed Internal Revenue Service Form 990, if applicable;
(9)  a letter of good standing from the applicant organization's parent organization, if the organization receives an exemption from federal income taxes as a member of a group of organizations;
(10)  copies of the applicant organization's organizing instruments, including any bylaws, constitution, charter, and articles of incorporation;
(11)  verification of the applicant organization's good standing with the secretary of state if the organization is organized under the law of this state; and
(12)  information necessary to conduct criminal background checks on the applicant organization's officers and directors.
(c)  A copy of the Internal Revenue Service letter that approves an applicant's exemption from taxation under Section 501(c), Internal Revenue Code of 1986, is adequate evidence of the person's tax-exempt status.  A letter of good standing from a parent organization that holds an exemption from taxation under Section 501(c), Internal Revenue Code of 1986, for both the parent organization and its affiliate is adequate evidence of the affiliate organization's tax-exempt status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 5, eff. October 1, 2009.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter C. License to Conduct Bingo › Section 2001.103. Temporary License

Sec. 2001.103.  TEMPORARY LICENSE.  (a)  An authorized organization may receive a temporary license to conduct bingo by filing with the commission an application, on a form prescribed by the commission.
(a-1)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(1), eff. January 1, 2020.
(b)  A temporary license is valid for six hours during any one day.
(c)  An authorized organization that does not hold a regular license to conduct bingo may receive not more than 12 temporary licenses in a calendar year.
(d)  An organization operating under a temporary license is subject to:
(1)  the fees authorized or imposed by this chapter; and
(2)  the other provisions of this chapter to the extent they can be made applicable.
(e)  Notwithstanding any other provision of this subchapter, the commission shall issue to an authorized organization that holds a regular license to conduct bingo 48 temporary licenses for each 12-month period that ends on an anniversary of the date the regular license was issued or renewed. Each unused temporary license issued to the license holder expires on the anniversary of the date the temporary license was issued.
(f)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 1132 (S.B. 643), Sec. 17(1), eff. September 1, 2023.
(g)  Before using a temporary license issued under Subsection (e), the license holder shall notify the commission in the manner the commission prescribes of the specific date, time, and location of the bingo occasion for which the temporary license will be used. The commission shall provide to the license holder verification of the commission's receipt of the notification. The license holder shall maintain the verification in the records of the authorized organization.
(h)  A verification under Subsection (g) may be delivered by facsimile, e-mail, or any other means reasonably contemplated to arrive before the time the temporary license will be used.
(i)  The notice requirements of Sections 2001.305(b) and (c) do not apply to a temporary license issued to the holder of a regular license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 6, eff. October 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1255 (H.B. 1905), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 101 (S.B. 549), Sec. 1, eff. January 1, 2018.
Acts 2017, 85th Leg., R.S., Ch. 860 (H.B. 2578), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 749 (H.B. 882), Sec. 1, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1051 (H.B. 914), Sec. 10(1), eff. January 1, 2020.
Acts 2023, 88th Leg., R.S., Ch. 479 (H.B. 639), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1132 (S.B. 643), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1132 (S.B. 643), Sec. 17(1), eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter C. License to Conduct Bingo › Section 2001.105. License Issuance or Renewal

Sec. 2001.105.  LICENSE ISSUANCE OR RENEWAL.  (a)  The commission shall issue a temporary or regular license or renew a regular license to conduct bingo if the commission determines that:
(1)  the member or members of the applicant designated in the application to conduct bingo are active members of the applicant;
(2)  the bingo is to be conducted in accordance with this chapter;
(3)  the proceeds of the bingo are to be disposed in accordance with this chapter;
(4)  the applicant has made and can demonstrate significant progress toward the accomplishment of the purposes of the organization during the 24 months preceding the date of application for a license or regular license renewal;
(5)  all persons who will conduct, promote, or administer the proposed bingo are active members of the applicant organization and all other persons who will assist in conducting, promoting, or administering the proposed bingo games are persons authorized to do so by Section 2001.411; and
(6)  no person under whose name bingo will be conducted and no person working at the proposed bingo has been convicted of a gambling offense or criminal fraud.
(b)  The commission may not issue a license to an authorized organization to conduct bingo if an officer or member of the board of directors of the organization has been convicted of criminal fraud or a gambling or gambling-related offense.
(c)  A regular license to conduct bingo issued under this subchapter expires on the second anniversary of the date of issuance unless the commission revokes or suspends the license before that date.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1114, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 8, eff. October 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 21, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 860 (H.B. 2578), Sec. 3, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1132 (S.B. 643), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2001 - Bingo › Subchapter C. License to Conduct Bingo › Section 2001.106. Form and Contents of License

Sec. 2001.106.  FORM AND CONTENTS OF LICENSE.  A license to conduct bingo must include:
(1)  the name and address of the license holder;
(2)  the name and address of the bingo chairperson of the license holder under whom the bingo will be conducted; and
(3)  the address of the premises where and the time when bingo is to be conducted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 636 (H.B. 1474), Sec. 9, eff. October 1, 2009.