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Mold & Indoor Air Quality Library

Texas Law & Licensing

Who regulates mold in Texas, and under what law

Texas law Sources: Tex. Occ. Code Ch. 1958, 16 TAC Chapter 78

In plain English

Texas Occupations Code Chapter 1958 is the statute; 16 TAC Chapter 78 is the rulebook TDLR wrote under it. The statute defines mold assessment and remediation, requires licenses, sets the 25-square-foot line, bars one company from both assessing and remediating a project, and creates the certificate a seller must pass to a buyer. The executive director of TDLR administers and enforces the law "to protect the public from the adverse health effects of mold."

An 11-member Mold Assessment and Remediation Advisory Board — consultants, contractors, home builders, the insurance industry, a training provider and the public — advises TDLR on technical standards, work practices and licensing. TDLR also runs public education on indoor air quality and mold.

Key points

  • Statute: Occupations Code Ch. 1958.
  • Rules: 16 TAC Ch. 78, enforced by TDLR.
  • Advisory board of 11.
  • Before 2017 the program sat with DSHS (see the 2007 rules).

Official text

Tex. Occ. Code Ch. 1958 — Sec. 1958.051. General Powers and Duties Texas law

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.

Citation: Tex. Occ. Code Ch. 1958, Sec. 1958.051. General Powers and Duties.

Read on the official site ↗ See it in the full Tex. Occ. Code Ch. 1958

Tex. Occ. Code Ch. 1958 — Sec. 1958.031. Advisory Board Membership Texas law

(a) The Mold Assessment and Remediation Advisory Board consists of 11 members appointed by the presiding officer of the commission, with the approval of the commission, as follows:

(1) three members who are licensed and engage in mold assessment as consultants;

(2) three members who are licensed and engage in mold remediation as contractors;

(3) two members who are building contractors principally engaged in home construction and who are members of a statewide building trade association;

(4) one member who is a representative of the insurance industry;

(5) one member who is a representative of an accredited mold training provider; and

(6) one member who represents the public.

(b) Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

(c) Chapter 2110, Government Code, does not apply to the composition or duration of the advisory board or to the appointment of the advisory board's presiding officer.

Added by Acts 2023, 88th Leg., R.S., Ch. 282 (S.B. 1213), Sec. 2, eff. May 29, 2023.

Citation: Tex. Occ. Code Ch. 1958, Sec. 1958.031. Advisory Board Membership.

Read on the official site ↗ See it in the full Tex. Occ. Code Ch. 1958

Tex. Occ. Code Ch. 1958 — Sec. 1958.034. Duties Texas law

The advisory board may advise the commission and department on:

(1) technical matters relevant to the administration of this chapter;

(2) standards of 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.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 493 (S.B. 1255), Sec. 3, eff. September 1, 2025.

Citation: Tex. Occ. Code Ch. 1958, Sec. 1958.034. Duties.

Read on the official site ↗ See it in the full Tex. Occ. Code Ch. 1958

Tex. Occ. Code Ch. 1958 — Sec. 1958.052. Public Education Program Texas law

(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.

Citation: Tex. Occ. Code Ch. 1958, Sec. 1958.052. Public Education Program.

Read on the official site ↗ See it in the full Tex. Occ. Code Ch. 1958

16 TAC Chapter 78 — §78.1. Authority Texas law

This chapter is promulgated under the authority of Texas Occupations Code, Chapters 51 and 1958.

Source Note: The provisions of this §78.1 adopted to be effective November 1, 2017, 42 TexReg 4619.

Citation: 16 TAC Chapter 78, §78.1. Authority.

Read on the official site ↗ See it in the full 16 TAC Chapter 78

Citations