The State of Texas Answers Common Questions

The Department of Licensing and Regulation (TDLR) regulates such businesses in accordance with the Texas Occupations Code, Chapter 1958. Under the Texas Mold Assessment and Remediation Rules (rules) (16 Tex. Admin. Code, Chapter 78), all companies and individuals who perform mold-related activities in Texas must be licensed by TDLR unless exempt. Individuals must meet certain qualifications, have required training, and pass a state exam and criminal history background check in order to be issued a license. Applicants for a mold remediation worker registration must have the training and pass a criminal history background in order to be registered by TDLR. Laboratories that analyze mold samples must also be licensed and meet certain qualifications. The rules set minimum work practices and procedures and also require licensees to follow a code of ethics. To prevent conflicts of interest, the rules also prohibit a licensee from conducting both mold assessment and mold remediation on the same project. While the rules regulate the activities of mold licensees when they are doing mold-related activities, the rules do not require any property owner or occupant to clean up mold or to have it cleaned up.

A licensed individual is required to carry a current TDLR license certificate with the license number on it. A search tool and listings of currently licensed companies and individuals can be found at: https://www.tdlr.texas.gov/LicenseSearch/.

Mold assessment is an inspection of a building by a mold assessment consultant or technician to evaluate whether mold growth is present and to what extent. Samples may be taken to determine the amount and types of mold that are present; however, sampling is not necessary in many cases. When mold cleanup is necessary a licensed mold assessment consultant can provide you with a mold remediation protocol. A protocol must specify the estimated quantities and locations of materials to be remediated, methods to be used, and clearance criteria that must be met.

Clearance criteria refer to the level of "cleanliness" that must be achieved by the persons conducting the mold cleanup. It is important to understand and agree with the mold assessment consultant prior to starting the project as to what an acceptable clearance level will be, including what will be acceptable results for any air sampling or surface sampling for mold. There are no national or state standards for a "safe" level of mold. Mold spores are a natural part of the environment and are always present at some level in the air and on surfaces all around us.

Mold remediation is the cleanup and removal of mold growth from surfaces and/or contents in a building. It also refers to actions taken to prevent mold from growing back. Licensed mold remediation contractors must follow a mold remediation protocol as described above and their own mold remediation work plan that provides specific instructions and/or standard operating procedures for how the project will be done.

Before a remediation project can be deemed successful, a mold assessment consultant must conduct a post-remediation assessment. This is an inspection to ensure that the work area is free from all visible mold and wood rot, the project was completed in compliance with the remediation protocol and remediation work plan, and that it meets all clearance criteria that were specified in the protocol. The assessment consultant must give you a passed clearance report documenting the results of this inspection. If the project fails clearance, further remediation as prescribed by a consultant will be necessary.

No later than the 10th day after a mold remediation project stop date, the remediation contractor must sign and give you a Certificate of Mold Damage Remediation. The licensed mold assessment consultant who conducted the post-remediation assessment must also sign the certificate. The consultant must truthfully state on the certificate that the mold contamination identified for the project has been remediated and whether the underlying cause of the mold has been corrected. (That work may involve other types of professional services that are not regulated by the mold rules, such as plumbing or carpentry.) Receiving a certificate documenting that the underlying cause of the mold was remediated is an advantage for a homeowner. It prevents an insurer from making an underwriting decision on the residential property based on previous mold damage or previous claims for mold damage. If you sell your property, the law requires that you provide the buyer a copy of all certificates you have received for that property within the preceding five years.

The rules require licensees to have commercial general liability insurance in the amount of at least $1 million, or to be self-insured, to cover any damage to your property. Before hiring anyone, you should ask for proof of such insurance coverage. You may wish to inquire if the company carries additional insurance, such as professional liability/errors and omissions (for consultants) or pollution insurance (for contractors), that would provide additional recourse to you should the company fail to perform properly.

Under the code of ethics in the rules, to the extent required by law, licensees must keep confidential any personal information about a client (including medical conditions) obtained during the course of a mold-related activity. Further, you may be able to negotiate a contract to include language that other personal information is kept confidential unless disclosure "is required by law." However, licensees are required to identify dates and addresses of projects and other details that can become public information.

Anyone who believes a company or individual has violated the rules can file a complaint with TDLR. For information on this process, call 1-800-803-9202, or complete the online complaint form at https://www.tdlr.texas.gov/complaints/.

Yes. A homeowner can take samples for mold or clean it up in the home without a license. An owner or a managing agent or employee of an owner of a residential property is not required to be licensed unless the property has 10 or more residential dwelling units. For non-residential properties, an owner or tenant, or a managing agent or employee of an owner or tenant, is not required to be licensed to do mold assessment or remediation on property owned or leased by the owner or tenant, unless the mold contamination affects a total surface area of 25 contiguous square feet or more. Please refer to 16 TAC §78.30 for further details on exceptions and exemptions to licensing requirements.