Relating to the regulation of mold assessors and remediators.
Summary
SB 1255 updates Texas law governing mold assessors and mold remediators. The bill revises the statutory definition of “mold” to include living or dead fungi and related products or parts, including spores and hyphae, while removing mycotoxins from the definition. It also expands and clarifies several exemptions from the mold-assessment/remediation chapter, including routine cleaning, certain HVAC/plumbing/electrical and air-duct work when not performed for mold purposes, real estate inspections, incidental discovery or emergency containment during other services, construction-phase material work, custodial and preventive maintenance activities for government property, pest control inspections, and demolition after fire or disaster.
The bill also narrows and clarifies the advisory board’s role by specifying that it may advise the commission and department on technical matters, performance and work-practice standards, licensing qualifications, training, continuing education, and other issues affecting mold assessment and remediation. It repeals one subsection of the chapter and applies the changes only to conduct occurring on or after September 1, 2025.
Impact
SB 1255 amends Chapter 1958 of the Texas Occupations Code, affecting the regulatory framework for mold assessment and remediation. The changes alter who and what activities fall within the chapter’s scope, potentially reducing overlap with other trades and inspections and clarifying when licensing requirements do not apply. It also adjusts the advisory board’s statutory duties and repeals a provision in the chapter, with the new law taking effect September 1, 2025, and applying prospectively only.
Sentiment
The bill appears to have broad legislative support overall, passing the Senate unanimously and the House by a substantial margin. The vote totals suggest general agreement that the mold-regulation statutes needed clarification and refinement. At the same time, the House vote shows some opposition, indicating that a minority of members may have had concerns about the scope of the exemptions or the regulatory changes.
Contention
The main points of potential contention are the expanded exemptions from mold-assessment and remediation regulation and the removal of mycotoxins from the statutory definition of mold. Those changes could be viewed by supporters as sensible narrowing of the law to avoid regulating ordinary maintenance, inspections, and disaster-related demolition, while critics may worry they create gaps in consumer protection or reduce oversight of mold-related hazards. The bill’s repeal of a subsection and the adjustment of advisory-board authority may also have raised concerns among regulators or industry stakeholders about how much discretion remains in administering the chapter.
Requires DCA to establish procedures for inspection and abatement of mold hazards in residential buildings and school facilities, and certification programs for mold inspectors and mold hazard abatement workers.