In the News · Law change · Texas
SB 1255 narrows what Texas mold law covers
What happened
Senate Bill 1255 (89th Legislature, Regular Session, Chapter 493) took effect on September 1, 2025 and changed Texas Occupations Code Chapter 1958 in three ways. It applies only to conduct on or after that date.
Mycotoxins came out of the statutory definition of mold. Section 1958.001(4) now reads “any living or dead fungi or related products or parts, including spores and hyphae” — the words “and mycotoxins” are gone. This changes what the licensing law reaches, not the science: mycotoxins are still real and are still discussed throughout this library.
Section 1958.102(b) was repealed. That was the provision allowing an employee of a license holder to work on mold assessment or remediation unlicensed while supervised.
TDLR told license holders in July 2025 that those employees now have to hold the appropriate license or registration themselves. The owner, tenant, small-landlord, builder and 25-square-foot exemptions in the rest of Section 1958.102 are untouched.
Demolition of a structure after a fire or other disaster was added to the list of activities Chapter 1958 does not cover, at Section 1958.002(b)(5), when the demolition is not done for mold assessment or remediation.
One thing to watch: the rules have not caught up with the statute.
16 TAC §78.10(21) still defines mold as “any living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins.” The Commission readopted Chapter 78 on March 13, 2026 after its four-year rule review without changing that line, so the statute and the rule currently describe mold differently. Where they conflict, the statute controls.
What it means for homeowners
- If you employ people on mold assessment or remediation in Texas, each of them now needs their own license or registration — supervision is no longer enough.
- A homeowner's exemptions did not change: your own property, under 25 contiguous square feet, and the small-landlord and builder exemptions all still stand.
- Demolishing a burned or storm-destroyed structure is not mold work, so long as it is not being done to assess or remediate mold.
- A lab result naming mycotoxins is still evidence about your building; it just no longer sits inside the statute's definition of mold.
Reporting
- Texas Legislature Online — SB 1255 bill analysis
- TDLR — Commission Readopts Rules (Chapter 78 rule review)
Our summary of published reporting. Read the original coverage for the full story.