reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, as used in this chapter and
				  Texas Occupations Code, Chapter 1304, have the following meanings:
(1) "Buyer" means a "service contract holder"
				as it relates to a "depreciation benefit optional member program."
(2) "Dealer" means a motor vehicle dealer
				licensed under Texas Occupations Code, Chapter 2301.
(3) "Depreciation benefit optional member
				program" means a service contract financed under Chapter 348 or 353, Finance
				Code, that pays to the buyer, as a credit toward the purchase of a replacement
				vehicle at a participating dealer, an amount less than or equal to the
				difference between the purchase price and actual cash value for a total
				constructive loss.
(4) "Identity
				recovery" means a process, through a limited power of attorney and the
				assistance of an identity recovery expert, that returns the identity of an
				identity theft victim to pre-identity theft event status.
(5) "Qualified financial institution" means a
				financial institution organized and licensed under the laws of the United
				States, a state of the United States, or the District of Columbia.
(6) "Service contract" means an agreement
				that is entered into for a separately stated consideration and for a specified
				term under which a provider agrees to:
(A)
				repair, replace, or maintain a product, or provide indemnification for the
				repair, replacement, or maintenance of a product, for operational or structural
				failure or damage caused by a defect in materials or workmanship or by normal
				wear;
(B) provide identity
				recovery, if the service contract is financed under Chapter 348 or 353, Finance
				Code;
(C) provide compensation to
				the lessee or buyer of a vehicle on the total constructive loss under a
				depreciation benefit optional member program; or
(D) provide a service, reimbursement, or
				payment under a residential service contact as defined in Texas Occupation Code
				§1304.003(4)(A)-(C) and (b)(1)-(4).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.20 - Registration Requirements-Provider

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				person may not operate as a service contracts provider, or offer to be a
				provider unless the person is either registered with the department or the
				service contracts offered are specifically exempt from Texas Occupations Code,
				Chapter 1304.
(b) A registration
				expires one year from the date issued.
(c) An applicant for a provider registration
				must submit on department-approved forms:
(1)
				a completed application;
(2) a
				completed personal information form from each controlling person as defined in
				Texas Occupations Code §
										RSA
				1304.0035;
(3) a completed criminal history
				questionnaire from each controlling person as defined in Texas Occupations Code
				§
										RSA
				1304.0035, if applicable;
(4) the fee required under §77.80;
				and
(5) proof of financial security
				required under §77.40.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.21 - Registration Renewal Requirements - Provider

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration must be renewed annually
				for a provider to continue operating in this state.
(b) Non-receipt of a registration renewal
				notice from the department does not exempt a person from any requirements of
				this chapter.
(c) To renew a
				registration, a provider must submit on department-approved forms :
(1) a completed application ;
(2) the number of service contracts sold or
				issued in the preceding 12-month period;
(3) the updated lists of information required
				under §77.20(d);
(4) a
				completed personal information form from any controlling person as defined in
				Texas Occupations Code § 1304.0035 whose information provided previously
				has changed or who has never submitted a personal information form ;
(5) a completed criminal history
				questionnaire from each controlling person as defined in Texas Occupations Code
				§ 1304.0035, if applicable;
(6) the fee required under §77.80;
				and
(7) proof of new or continuing
				financial security required under §77.40.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.22 - Registration Requirements-Administrator

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not operate as an
				administrator for a provider unless the person is registered with the
				department.
(b) A registration
				expires one year from the date issued.
(c) An applicant for an administrator
				registration must submit on department-approved forms:
(1) a completed application;
(2) the name and department registration
				number for each service contract provider(s) for which the person will act as
				an administrator;
(3) a list of the
				administrator's controlling persons as defined in Texas Occupations Code §
										RSA
				1304.0035; and
(4) the fee required under
				§77.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.23 - Registration Renewal Requirements - Administrator

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration must be renewed annually
				for an administrator to continue operating in this state.
(b) Non-receipt of a registration renewal
				notice from the department does not exempt a person from any requirements of
				this chapter.
(c) To renew a
				registration, an administrator must submit on department-approved forms :
(1) a completed application ;
(2) the name and department registration
				number for each service contract provider(s) for which the person will act as
				an administrator;
(3) a list of the
				administrator's controlling persons as defined in Texas Occupations Code §
				1304.0035; and
(4) the fee required
				under §77.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.24 - Quarterly Provider Requirements - Identity Recovery Services

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to a provider
				who sells or issues service contracts that provide only for identity recovery
				services as described by Texas Occupations Code §
									RSA
				1304.003<subdiv>(a)(2)(B)</subdiv>.
				For purposes of this section, these service contracts are referred to herein as
				identity recovery service contracts.
(b) A provider must submit quarterly fees
				based on the number of identity recovery service contracts sold or issued in
				this state.
(c) Not later than the
				30th day after the date each calendar quarter ends, a provider must report to
				the department, in a manner prescribed by the executive director, the number of
				identity recovery service contacts sold or issued to consumers in this state
				during the calendar quarter and submit to the department a fee equal to one
				dollar ($1) for each of those contracts.
(d) The calendar quarter ends on the
				following dates: March 31, June 30, September 30 and December 31. The due dates
				for reporting the number of contracts and submitting the appropriate fees under
				subsection (c) are: April 30, July 30, October 30, and January 30.
(e) Failure of the provider to report the
				number of contracts or to submit the fee as described in subsection (c) is
				cause for denial and/or revocation of the registration.
(f) Falsification of information required
				under subsection (c) is cause for denial and/or revocation of the
				registration.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.26 - Additional Provider Requirements - Depreciation Benefit Optional Member Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				applies only to a provider who sells or issues service contracts that provide a
				depreciation benefit optional member program as described by Texas Occupations
				Code §
									RSA
				1304.003<subdiv>(a)(2)(C)</subdiv>.
				For purposes of this section, these service contracts are referred to herein as
				"depreciation benefit service contracts."
(b) A provider or its dealers may not require
				the purchase of a depreciation benefit service contract as a condition of
				approval of a loan for the purchase of a vehicle.
(c) A depreciation benefit service contract
				may not be offered by a dealer who requires a loan for the purchase of a
				vehicle to be financed exclusively with the dealer.
(d) The fee or purchase price that is charged
				for a depreciation benefit service contract must be reasonable in relation to
				the benefit provided by the depreciation benefit service contract.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.40 - Financial Security-General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider must
				maintain financial security to ensure the faithful performance of a provider's
				obligations to its service contract holders and for the benefit of those
				service contract holders who suffer actual financial loss due to the provider's
				failure to perform those obligations.
(b) A provider must submit in a manner
				prescribed by the department proof of one of the forms of financial security
				that meets the requirements of Texas Occupations Code §
									1304.151 and/or
				§1304.152:
(1) a reimbursement insurance
				policy;
(2) a funded reserve
				account and a security deposit; or
(3) net worth of at least $100
				million.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.41 - Financial Security-Reimbursement Insurance Policy

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A provider that uses a reimbursement insurance policy to comply with the
				financial security requirements of Texas Occupations Code §
									RSA
				1304.151 and §
									RSA
				1304.152, will not be allowed to obtain or
				renew a registration unless the insurer issuing the policy has provided all of
				the information and met all of the requirements set forth in Texas Occupations
				Code §
									RSA
				1304.152<subdiv>(a-1)</subdiv>.
(b) A reimbursement insurance policy that is
				used to comply with the financial security requirements of Texas Occupations
				Code §
									RSA
				1304.151 and §
									RSA
				1304.152 must include:
(1) the "Service Contract Provider Texas
				Endorsement" prescribed by the executive director; and
(2) copy of the approval letter from the
				Texas Department of Insurance for using the endorsement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.42 - Financial Security-Funded Reserve Account and Security Deposit

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				provider that uses a funded reserve account and security deposit to comply with
				the financial security requirements of Texas Occupations Code §
									RSA
				1304.151, will not be allowed to obtain or
				renew a registration unless the provider:
(1)
				maintains the funded reserve account and the security deposit at or above the
				financial levels required under Texas Occupations Code §
										RSA
				1304.151<subdiv>(b)</subdiv> or
				§
										RSA
				1304.151<subdiv>(b-1)</subdiv> -
				(b-4). The amounts under §1304.151(b) are calculated using a form
				prescribed by the department. The amounts under §1304.151(b-1) - (b-3) for
				a motor vehicle dealer who is only selling service contracts for vehicles sold
				by the dealer are as follows:
(A) $25,000 for
				a motor vehicle dealer that generated $1,125,000 or less in annual gross
				revenue from the sale of in-state service contracts in the preceding calendar
				year; or
(B) $50,000 for a motor
				vehicle dealer that generated more than $1,125,000 but less than $2,500,000 in
				annual gross revenue from the sale of in-state service contracts in the
				preceding calendar year; or
(C)
				$75,000 for a motor vehicle dealer that generated more than $2,500,000 in
				annual gross revenue from the sale of in-state service contracts in the
				preceding calendar year.
(D) If a
				motor vehicle dealer has no gross revenue from the in-state sale of service
				contracts in the preceding calendar year, the security deposit shall be
				$25,000.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.43 - Financial Security - Minimum Net Worth

Current through Reg. 49, No. 28; July 12, 2024
A provider that maintains, or has a parent company maintain,
				  a net worth or stockholder's equity of at least $100 million to comply with the
				  financial security requirements of Texas Occupations Code § 1304.151, will
				  not be allowed to obtain or renew a registration unless the provider gives the
				  department audited financial statements as described under §1304.151(c)
				  and (d) or information for accessing and viewing the proof of net worth
				  online.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.70 - Responsibilities of Providers and Administrators

Current through Reg. 49, No. 28; July 12, 2024
(a) The provider
				must clearly and conspicuously identify itself on all written service contracts
				and, on all written advertising materials that are used by the provider, its
				administrator(s), or its seller(s).
(b) The provider and/or any administrator
				appointed by the provider must provide service contract holders with a
				notification that meets all of the following requirements.
(1) The notification must provide the name,
				mailing address, and telephone number of the department.
(2) The notification must contain a statement
				that unresolved complaints concerning providers and administrators or questions
				concerning the regulation of service contract providers and administrators may
				be addressed to the department.
(3)
				The notification must be included on all written service contacts. The
				notification may be stamped on the contract or printed on a separate sheet and
				stapled to the contract.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.71 - Responsibilities of Providers Ceasing Operations or Discontinuing Business

Current through Reg. 49, No. 28; July 12, 2024
(a) To the extent not prohibited by any other
				law or court order, a provider must comply with the provisions under this rule
				when ceasing operations or discontinuing business in this state.
(b) A provider must notify the department as
				soon as possible when ceasing operations or discontinuing business in this
				state.
(c) Within 10 days after
				notifying the department in accordance with subsection (b), a provider must
				submit to the department:
(1) a copy of each
				unique form of service contract sold;
(2) the names and addresses of the service
				contract holders with active service contracts in this state;
(3) a list of each location, whether it be a
				physical location or a website address, at which the provider's service
				contracts are marketed, sold, or offered for sale;
(4) the total number of active service
				contracts in this state;
(5) the
				remaining amount of time left on the active service contracts in this state;
				and
(6) any other information
				determined necessary by the department relating to the provider ceasing
				operations in this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All registration fees are
				non-refundable.
(b) Provider Fees.
(1) The initial registration fee for a
				service contract provider is $250.
(2) The annual renewal registration fee for a
				service contract provider is:
(A) $250 for
				registrants selling or issuing 0 to 250 service contracts during the 12-month
				period preceding the expiration date of the registration;
(B) $500 for registrants selling or issuing
				251 to 499 service contracts during the 12-month period preceding the
				expiration date of the registration; and
(C) $1,000 for registrants selling or issuing
				500 or more service contracts during the 12-month period preceding the
				expiration date of the registration.
(3) The fee for a duplicate or amended
				registration certificate is $25.
(4) The quarterly contract fee for a provider
				is $1 per service contract described by Texas Occupations Code §
										RSA
				1304.003<subdiv>(a)(2)(B)</subdiv>
				sold or issued in the state in the previous calendar quarter as provided under
				§77.24.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.90 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person violates any provision of Texas Occupations Code,
				  Chapter 1304, this chapter, or any rule or order of the executive director or
				  commission, proceedings may be instituted to impose administrative penalties,
				  administrative sanctions, or both in accordance with the provisions of Texas
				  Occupations Code, Chapter 1304; Texas Occupations Code, Chapter 51; and any
				  associated rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 77 - SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS › Section 77.91 - Other Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and 1304 and any associated rules may be used to enforce
				  Texas Occupations Code, Chapter 1304 and this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is promulgated under the authority of Texas
				  Occupations Code, Chapters 51 and 1958.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.20 - Credential Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensing or
				registration requirement. A person must be licensed or registered in compliance
				with this chapter to engage in mold assessment or mold remediation unless
				specifically exempted under the Act or §78.30.
(b) Accreditation requirement. A person must
				be accredited as a mold training provider in compliance with this chapter to
				offer mold training for fulfillment of training requirements for licensing
				under this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.21 - Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise indicated, an applicant
				must submit the following:
(1) a completed
				application on a department-approved form;
(2) the fee required under §78.80; and
(3) proof that the applicant meets
				all requirements for obtaining the credential being sought.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.22 - Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) A person seeking to renew a license,
				registration, or accreditation shall submit a renewal application before the
				credential expires.
(b) Each person
				is responsible for renewing the credential before the expiration date and shall
				not be excused from paying additional fees or penalties. Failure to receive
				notification of expiration from the department before the expiration date of
				the credential shall not excuse failure to apply for renewal or late
				renewal.
(c) An applicant for
				renewal of a mold assessment technician, mold assessment consultant, or mold
				remediation contractor license or for renewal of a mold remediation worker
				registration must successfully complete a required continuing education course
				as specified in §78.25 before applying for renewal. The applicant must
				complete the continuing education course within the two-year term of the
				credential preceding the expiration date of the credential.
(d) To renew a credential, a person must:
(1) submit a complete renewal application on
				a department-approved form or in a manner specified by the
				department;
(2) if renewing an
				individual license or registration:
(A)
				successfully pass a criminal history background check;
(B) complete continuing education training as
				specified in §78.25; and
(C)
				comply with the continuing education audit process described under §78.25
				as applicable;
(3)
				demonstrate compliance with the requirement for insurance coverage under
				§78.40, if applicable;
(4)
				demonstrate compliance with all other applicable requirements under this
				chapter for the credential being renewed; and
(5) pay the renewal fee required under
				§78.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.24 - Licensing Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				for a mold assessment technician, mold assessment consultant, or mold
				remediation contractor license must pass the state licensing examination before
				the license will be issued.
(b) To
				qualify to take the examination, the individual applicant must submit a
				completed license application for review and determination of licensing
				examination eligibility.
(c) The
				department or the department's designee will notify the applicant who meets all
				applicable requirements for the license sought and who qualifies to take the
				examination.
(d) Annually, the
				department or its designee shall publish a schedule of examination dates and
				locations.
(e) The department or
				its designee shall administer or arrange for the administration of the
				examination.
(f) The department or
				its designee will notify the applicant in writing regarding the applicant's
				examination scores or results.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.25 - Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				applies to licensed mold assessment technicians, licensed mold assessment
				consultants, licensed mold remediation contractors, and registered mold
				remediation workers.
(b) An
				applicant for renewal of a license listed under subsection (a) must
				successfully complete a continuing education course provided by an accredited
				mold training provider in the subject area for which the renewal is sought.
(c) An applicant for renewal of a
				registration listed under subsection (a) must successfully complete a mold
				remediation worker continuing education course provided by an accredited mold
				training provider or by a licensed mold remediation contractor or licensed mold
				remediation company.
(d) All
				applicants must complete the required continuing education course during the
				immediately preceding two-year term of the license or registration before
				renewal.
(e) Attendance and
				completion of continuing education courses of at least the following number of
				hours are required during each renewal period:
(1) mold assessment technician license--8.
(2) mold assessment consultant
				license--8.
(3) mold remediation
				contractor license--8.
(4) mold
				remediation worker registration--4.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.30 - Exceptions and Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				purposes of Texas Occupations Code § 1958.002(b)(1)(D), regarding the
				excepted emergency containment of mold contamination, an emergency exists if a
				delay in mold remediation services in response to a water damage occurrence
				would increase mold contamination.
(b) For purposes of Texas Occupations Code
				§ 1958.102(d) and (e), regarding certain residential property, the
				exemptions apply regardless of the total surface area within the subject
				property that is affected by mold growth. The following terms used in Texas
				Occupations Code § 1958.102(d) shall have the meaning given:
(1) "improve" means to build, construct, or
				erect a new building or structure or a new portion of a building or structure
				that is attached to an existing building or structure; and
(2) "improvement" means a building or
				structure, or a portion of a building or structure, that was built,
				constructed, or erected as an attachment to an existing building or structure
				after the construction or erection of the existing building or structure.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.40 - Insurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				otherwise indicated, persons licensed under this chapter are required to obtain
				commercial general liability insurance in the amount of not less than $1
				million per occurrence and to maintain the coverage for the term of the
				license.
(1) Governmental entities that are
				self-insured are not required to purchase insurance under this chapter.
(2) A non-governmental entity
				(business entity or individual) may be self-insured if it submits to the
				department for approval an affidavit signed by an authorized official of the
				entity or by the individual stating that it has a net worth of at least $1
				million. A current financial statement indicating a net worth of at least $1
				million must accompany the affidavit. A new affidavit and current financial
				statement must be submitted with each renewal application.
(3) An individual required to have insurance
				must obtain individual coverage unless covered under the policy of the
				individual's employer or employed by a governmental entity or a person approved
				by the department to be self-insured.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.50 - Mold Assessment Technician License

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensing requirement. An individual must
				be licensed as a mold assessment technician to perform activities listed under
				subsection (b), except that an individual licensed under §78.52 is not
				required to be separately licensed under this section.
(b) Scope. An individual licensed under this
				section is authorized to determine the location and extent of mold or suspected
				mold present in a facility. A mold assessment technician is licensed to:
(1) record visual observations and take
				on-site measurements, including temperature, humidity, and moisture levels,
				during an initial or post-remediation mold assessment;
(2) collect samples for mold analysis during
				an initial mold assessment;
(3)
				prepare a mold assessment report; and
(4) as directed by an on-site assessment
				consultant, collect samples during a post-remediation mold assessment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.52 - Mold Assessment Consultant License

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensing requirements. An individual
				must be licensed as a mold assessment consultant to perform activities listed
				under subsection (b). A licensed mold assessment consultant who employs more
				than one individual required to be licensed under this section or under
				§78.50, must be separately licensed as a mold assessment company under
				§78.54.
(b) Scope. An
				individual licensed under this section is also licensed to perform all
				activities of a mold assessment technician listed in §78.50(b). In
				addition, a licensed mold assessment consultant is licensed to provide mold
				assessment services including:
(1) plan
				surveys to identify conditions favorable for indoor mold growth or to determine
				the presence, extent, amount, or identity of mold or suspected mold in a
				building;
(2) conduct activities
				recommended in a plan developed under paragraph (1) and describe and interpret
				the results of those activities;
(3) determine locations at which a licensed
				mold assessment technician will record observations, take measurements, or
				collect samples;
(4) prepare a
				mold assessment report, including the observations made, measurements taken,
				locations of samples collected, analysis results, and analysis and
				interpretation of results of samples taken by the consultant or by a licensed
				mold assessment technician during the mold assessment;
(5) develop a mold management plan for a
				building, including recommendations for periodic surveillance, response
				actions, and prevention and control of mold growth;
(6) prepare a mold remediation protocol,
				including the evaluation and selection of appropriate methods, personal
				protective equipment (PPE), engineering controls, project layout,
				post-remediation clearance evaluation methods and criteria, and preparation of
				plans and specifications;
(7)
				evaluate a mold remediation project to certify that mold contamination
				identified for the remediation project has been remediated as outlined in a
				mold remediation protocol;
(8)
				evaluate a mold remediation project to certify 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; and
(9) complete appropriate sections of a
				Certificate of Mold Damage Remediation as specified under §78.150(b).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.54 - Mold Assessment Company License

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensing requirements. A person
				performing mold assessment activities must be licensed as a mold assessment
				company if the person employs more than one individual required to be licensed
				under §78.50 or §78.52.
(b) Authorization and conditions. A licensed
				mold assessment company shall:
(1) designate
				one or more individuals licensed as mold assessment consultants as its
				responsible person(s);
(2) notify
				the department in writing of any changes in individual licensed mold assessment
				consultants as responsible persons within 30 calendar days following the change
				of the responsible person;
(3)
				perform mold assessment activity only during periods with the active employment
				of at least one individual licensed mold assessment consultant designated as
				the responsible person for the company;
(4) not transfer the license to any other
				person, including to any company that has bought the licensed entity;
(5) apply for a name change on the
				license within 30 calendar days after a change in name only; and
(6) obtain a new license before performing
				any mold-related activities when the transfer of a licensed person occurs.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.56 - Mold Remediation Worker Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration requirement. An individual
				must be registered as a mold remediation worker to perform mold remediation,
				except that an individual licensed under §78.58 is not required to be
				separately registered under this section.
(b) Eligibility for registration. To obtain a
				mold remediation worker registration, a person must:
(1) successfully pass a criminal history
				background check;
(2) be at least
				18 years old at the time of application;
(3) demonstrate that the person's employer,
				if any, is in compliance with the requirement for insurance coverage under
				§78.40 if requested by the department;
(4) complete a mold training course as
				described in §78.68(d); and
(5) pay the fee required under
				§78.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.58 - Mold Remediation Contractor License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Licensing requirements. An individual must be licensed as a mold remediation
				contractor to perform activities listed under subsection (b). A licensed mold
				remediation contractor who employs more than one individual required to be
				licensed under this section or required to be registered under §78.56 must
				be separately licensed as a mold remediation company under §78.60.
(b) Scope. An individual licensed
				under this section may perform mold remediation and supervise registered mold
				remediation workers performing mold remediation. In addition, a licensed mold
				remediation contractor is licensed to provide mold remediation services
				including:
(1) preparing a mold remediation
				work plan providing instructions for the remediation activities to be performed
				for a mold remediation project; and
(2) conducting and interpreting the results
				of activities recommended in a work plan developed under paragraph (1),
				including any of the activities of a registered mold remediation worker under
				§78.56.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.60 - Mold Remediation Company License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Licensing requirements. A person performing mold remediation activities must be
				licensed as a mold remediation company if the person employs more than one
				individual required to be registered under §78.56 or licensed under
				§78.58. A licensed mold remediation company is specifically authorized to
				employ mold remediation contractors and mold remediation workers who are
				currently licensed or registered under this chapter to assist in the company's
				mold remediation activity.
(b)
				Authorization and conditions. A licensed mold remediation company shall:
(1) designate one or more individuals
				licensed as mold remediation contractors as its responsible person(s);
(2) notify the department in
				writing of any changes in individual licensed mold remediation contractors as
				responsible persons within 30 calendar days following the change of the
				responsible person; and
(3)
				perform mold remediation activity only during periods with the active
				employment of at least one individual licensed mold remediation contractor
				designated as the responsible person for the company;
(4) not transfer the license to any other
				person, including to any company that has bought the licensed entity;
(5) apply for a name change on the
				license within 30 calendar days after a change in name only; and
(6) obtain a new license before performing
				any mold-related activities when the transfer of a licensed person occurs.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.62 - Mold Analysis Laboratory License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Licensing requirement. A person must be licensed in compliance with the
				provisions of this section to engage in activities listed under subsection (b).
				A person licensed under this section is not required to be separately licensed
				under §78.54.
(1) Branch offices that
				perform mold analysis must fulfill the same equipment and operational standards
				as the main office that has been licensed and must comply with subsection (c)
				for the types of analysis they will be performing.
(2) A licensed mold analysis laboratory
				shall:
(A) designate one or more individuals
				as responsible persons;
(B) not
				transfer the license to any other person, including to any company that has
				bought the licensed entity;
(C)
				apply for a name change on the license within 30 calendar days after a change
				in name only; and
(D) obtain a new
				license before performing any mold-related activities when the transfer of a
				licensed person occurs.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.64 - Mold Training Provider Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Accreditation requirement. A person must be accredited as a mold training
				provider to offer mold training courses that are prerequisites for
				licensing.
(b) Authorizations and
				Conditions. The following shall apply to issuance of accreditations under this
				section.
(1) Accredited training providers:
(A) may not transfer the accreditation to any
				other person, including to any company that has bought the accredited entity;
				and
(B) must apply for a name
				change within 30 calendar days after a change in the name of the accredited
				entity only.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.66 - Training: Approval of Mold Training Courses and Instructors

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions. Mold training
				providers must obtain approval of training courses and provide the names of
				approved instructors to the department in advance of the courses being offered
				except as provided under §78.64(b)(3)(A). Each application for course
				approval must be made on a separate application form.
(b) Application for course approval. An
				application must be submitted on a department-approved form or in a manner
				specified by the department. A complete application for training course
				approval shall include:
(1) the training
				program provider's name, business address and telephone number;
(2) the area of licensure and type of course
				(initial or continuing education) for which approval is being sought, including
				the course length in training hours;
(3) a detailed outline of each course
				curriculum including the specific topics taught, the amount of time allotted to
				each topic, and the amount and type of hands-on training for each topic;
(4) a description of the
				facilities and equipment available for lecture and hands-on training;
(5) a copy of the course test
				blueprint (written documentation of the proportion of test questions devoted to
				each major topic in the course);
(6) a copy of all course materials including
				student manuals, instructor notebooks, handouts, and other course-related
				materials in all languages taught;
(7) the names of all course instructors; and
(8) a description and example of
				the course completion certificates to be issued to students.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.68 - Training: Mold Training Courses

Current through Reg. 49, No. 28; July 12, 2024
(a)
				General provisions. Individual applicants for licensing or renewal must submit
				evidence acceptable to the department of fulfillment of specific training
				requirements.
(b) Assessment
				technician training. The assessment technician training course shall consist of
				at least 24 training hours that includes lectures, demonstrations,
				audio-visuals and hands-on training, course review, and a written test of 50
				multiple-choice questions. The course requirements in paragraphs (3), (5) -
				(8), and (10), require hands-on training as an integral part of the course. The
				assessment technician course shall include:
(1) sources of, conditions necessary for, and
				prevention of indoor mold growth;
(2) potential health effects, in accordance
				with a training protocol developed in consultation with state professional
				associations, including at least one representing physicians;
(3) workplace hazards and safety, including
				personal protective equipment, and respirators;
(4) technical and legal considerations for
				mold assessment, including applicable regulatory requirements, the role of the
				mold assessment technician, and the roles of other professionals (including an
				assessment consultant);
(5)
				performance of visual inspections where mold might be present and determining
				sources of moisture problems, including exterior spaces (including crawl spaces
				and attics), interior components (including windows, plumbing, walls, and
				ceilings) and heating, ventilation, and air-conditioning (HVAC) systems
				(including return air and supply ducts);
(6) utilization of physical measurement
				equipment and tools, including moisture meters, humidity meters, particle
				counters, data-logging equipment, and visual and robotic inspection equipment;
(7) biological sampling strategies
				and methodologies, including sampling locations and techniques, and minimizing
				cross-contamination;
(8) sampling
				methodologies, including bulk, surface (including tape, swab, and vacuum
				sampling), and air sampling (including the differences between culturable and
				particulate sampling, sampling times, calibrating pumps, selecting media for
				culturable samples, and sampling for fungal volatile organic compounds);
(9) state-of-the-art work
				practices and new technologies;
(10) proper documentation for reports,
				including field notes, measurement data, photographs, structural diagrams, and
				chain-of-custody forms;
(11) an
				overview of mold remediation projects and requirements, including containment
				and air filtration; and
(12)
				clearance testing and procedures, including review of mold remediation
				protocols, work plans, visual inspections, and sampling strategies.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 78 - MOLD ASSESSORS AND REMEDIATORS › Section 78.70 - Responsibilities of Credentialed Persons

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Persons who are licensed, registered, or accredited under this chapter shall,
				as applicable:
(1) adhere to the code of
				ethics prescribed by §78.72;
(2) comply with work practices and procedures
				of this chapter;
(3) present to the
				department or the department's representative upon request any identification
				card, credential, or certificate issued by the department or the department's
				representative or designee;
(4)
				comply with the requirements of §1958.155 of the Act (relating to Conflict
				of Interest; Disclosure Required);
(5) maintain insurance coverage required
				under §78.40 while engaging in mold-related activities regulated under
				this chapter;
(6) comply with the
				recordkeeping responsibilities under §78.74;
(7) cooperate with department personnel and
				representatives or designees of the department in the discharge of their
				official duties, as described in §78.85; and
(8) notify the department of the following
				changes no later than the indicated time period after such changes occur, on a
				department-approved form in a manner specified by the department:
(A) withdrawal of licensed mold remediation
				contractor or licensed mold remediation company from association with a mold
				remediation project- five calendar days.
(B) addition of licensed mold remediation
				company to association with a mold remediation project- one calendar
				day.
(C) change in mailing address
				or telephone number- 30 calendar days.
(D) change of persons who have an ownership
				interest of 10% or more in a person licensed or accredited under this chapter,
				including additions to or deletions from any list of such persons previously
				supplied to the department and any changes in the names, addresses, or
				occupations of any persons on such a list- 30 calendar days.
(E) addition or deletion of a responsible
				person- 30 calendar days.