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Mold & Indoor Air Quality Library

Texas Law & Licensing

History: the 2007 DSHS rules (25 TAC Chapter 295)

Historical Sources: 25 TAC Chapter 295 (2007), 16 TAC Chapter 78

In plain English

Texas began licensing mold work in 2004 under House Bill 329 (2003). Until 2017 the Department of State Health Services ran the program, and its rules were 25 TAC §§295.301–295.338, last amended May 20, 2007. The program moved to TDLR in 2017, and the rules were re-adopted as 16 TAC Chapter 78 effective November 1, 2017.

Much carried over — the 25-square-foot line, protocols and work plans, the 10-day certificate, the five-year seller rule — but details changed: for example, the 2007 rules required ownership changes to be reported within 10 days (now 30) and violations to be reported by the next business day (now "promptly"). If a report or certificate cites Chapter 295, it was written under the old rules. Current work follows Chapter 78.

Key points

  • 25 TAC 295: DSHS rules, superseded.
  • 16 TAC 78: current TDLR rules (from Nov 1, 2017).
  • Old reports may cite the old section numbers.

Official text

25 TAC Chapter 295 (2007) — Statutory Information Regarding These Rules front matter Historical

The Texas Mold Assessment and Remediation Rules (TMARR) were originally prepared and became effective on May 16, 2004, as a result of House Bill 329 passed by the 78th Texas Legislature, Regular Session, in 2003. This bill was codified in the Texas Occupations Code, Chapter 1958. In 2005, the 79th Texas Legislature, Regular Session, passed House Bills 74, 1328 and 2746 that amended the Texas Occupations Code, Chapter 1958. The TMARR were revised based on these three bills and these revised rules became effective May 20, 2007. The TMARR are part of the Texas Administrative Code (TAC), specifically 25 TAC §§295.301-295.338.

Contact Information

For questions regarding mold licensing, please contact: Environmental and Sanitation Licensing Group (512) 834-6610 or (800) 572-5548 Fax: (512) 834-6614

For questions regarding mold notifications, please contact: Environmental Health Notifications Group (512) 834-6600 or (888) 778-9440 Fax: (512) 834-6644

For questions regarding mold rules interpretation, please contact:

Policy, Standards and Quality Assurance Unit, Environmental Health Group (512) 834-6773, or (800) 293-0753, ext. 3600 Fax: (512) 834-6707

For questions regarding mold complaint procedures, please contact:

Policy, Standards and Quality Assurance Unit, Environmental Health Group (512) 834-6773, or (800) 293-0753, ext. 3600 Fax: (512) 834-6707

For up-to-date contact information, all the forms, lists of current licensees and trainers, rules, statues, and frequently asked questions, please visit our website: www.dshs.state.tx.us/mold.

Superseded by 16 TAC Chapter 78 on November 1, 2017. Do not rely on this text for current work.

Citation: 25 TAC Chapter 295 (2007), Statutory Information Regarding These Rules, front matter.

See it in the full 25 TAC Chapter 295 (2007)

25 TAC Chapter 295 (2007) — §295.301. General Provisions p. 1 Historical

(a) Purpose. This subchapter implements the provisions of the Texas Occupations Code, Chapter 1958 (relating to Mold Assessors and Remediators), concerning the regulation of mold assessors and remediators conducting mold-related activities that affect indoor air quality.

(b) Scope. This subchapter contains requirements for the licensing and registration of persons performing mold assessments and mold remediation, requirements for the accreditation of mold training providers, minimum work standards for the conduct of mold assessments and remediation by licensed and registered persons, a code of ethics, and penalties.

(c) Severability. Should any section or subsection in this subchapter be found to be void for any reason, such finding shall not affect any other sections.

(d) TexasOnline. The department is authorized to collect subscription and convenience fees, in amounts determined by the TexasOnline Authority, to recover costs associated with processing applications, examinations, and notifications specified under this subchapter through TexasOnline, in accordance with the Texas Government Code, Chapter 2054, §2054.111 (relating to Use of TexasOnline Project).

(e) Department information. For the most recent telephone and facsimile numbers for contacting or submitting information to mold notification and licensing personnel, visit the department’s website: www.dshs.state.tx.us/mold. From this website you can also view and/or download the mold rules and applicable legislation; application, notification, and complaint forms; Consumer Mold Information Sheet; Certificate of Mold Damage Remediation; listing of current licensees and accredited trainers; and Frequently Asked Questions. The telephone numbers for general questions are (800) 572-5548 (toll-free), or (512) 834-6770.

Superseded by 16 TAC Chapter 78 on November 1, 2017. Do not rely on this text for current work.

Citation: 25 TAC Chapter 295 (2007), §295.301. General Provisions, p. 1.

See it in the full 25 TAC Chapter 295 (2007)

Citations