Texas Mold Assessment and Remediation Rules: What Property Owners Must Know

Texas Mold Assessment and Remediation Rules

Texas regulates mold assessment and remediation through the Texas Mold Assessment and Remediation Act (SB 1186), codified in Chapter 401 of the Texas Health and Safety Code. The law establishes licensing, insurance, disclosure, and contractual requirements that distinguish Texas from states with no specific mold statute or those that defer entirely to general building codes. The rules apply to residential and commercial properties when mold is visible, when a mold problem is suspected, or when conditions exist that could support mold growth. The Texas Department of State Health Services (DSHS) administers the licensing framework, and the rules focus on ensuring that assessors and remediators are trained, insured, and bound by a written scope of work before work begins.

Licensing and Who Can Perform Mold Work

Texas requires separate licenses for mold assessment and mold remediation. A mold assessor must hold a valid license issued by DSHS and cannot perform remediation on the same property where they conducted the assessment, nor can they have a financial interest in the remediation outcome. A mold remediation company must hold its own license and must carry general liability insurance with minimum coverage as set by rule. Both assessors and remediators must disclose any known conflicts of interest before signing a contract. The licensing requirement applies regardless of the size of the mold area, though the rules exempt certain routine building maintenance activities that do not involve mold growth.

Assessment Requirements and Written Scope of Work

Before remediation begins, a licensed mold assessor must conduct a visual inspection, document conditions with photographs, and, when appropriate, collect samples for laboratory analysis. The assessor must prepare a written mold assessment report that includes the scope of work, the methods to be used, the standards to which the work will be held, and a cost estimate. The report must also describe the conditions that caused the mold growth, such as moisture intrusion or chronic humidity, and identify the source of moisture so it can be corrected. The remediation contractor may not begin work until the scope of work is finalized and a contract is in place. This separation of assessment and remediation is a core Texas rule designed to prevent conflicts of interest.

Remediation Procedures and Post-Remediation Verification

Texas mold remediation rules require that work be performed in a manner that protects occupants from exposure to mold and mold spores. Remediation contractors must use containment barriers, negative air pressure where appropriate, and personal protective equipment consistent with industry guidance. The rules do not prescribe a single protocol but require that the remediation be consistent with the scope of work and applicable industry standards. After remediation is complete, the mold assessor who wrote the original report must conduct a post-remediation verification inspection to confirm that mold levels have been reduced to acceptable levels and that the moisture source has been corrected. If verification is not performed, the remediation is not considered complete under the Texas framework.

Disclosure and Contractual Obligations

Sellers of residential property in Texas must disclose known mold conditions and any prior mold remediation in the seller's disclosure notice. The disclosure obligation applies even if the mold was previously assessed or remediated, and failure to disclose can create liability. For rental properties, landlords have disclosure duties under the Texas Property Code, and mold conditions that affect habitability may trigger repair obligations. Contracts for mold assessment and remediation must include specific disclosures about the scope of work, the credentials of the individuals performing the work, and the expected outcomes. These contractual protections help ensure that property owners have a clear record of what was done and who was responsible.

Penalties and Enforcement

Texas enforces its mold rules through DSHS and the Texas Workforce Commission, which oversees licensing. Unlicensed mold assessment or remediation is a violation that can result in fines and orders to cease operations. Property owners who rely on unlicensed firms may find that insurance claims are denied and that the work does not meet contractual or legal standards. The rules also establish a complaint process for consumers who believe they have been subjected to deceptive practices or work that falls below the applicable standard of care.

Key Distinctions That Set Texas Apart

• Separate licensing for mold assessment and remediation, with a prohibition on the same person or firm performing both roles on the same property.
• Mandatory written scope of work and a formal assessment report before remediation begins.
• Post-remediation verification by the original assessor to confirm the work met the agreed-upon standards.
• Specific disclosure obligations for property sellers and landlords regarding known mold conditions.