Mold Law Texas
Texas Government Code § 2306.053
Authorizes the Department of Housing and Community Affairs to adopt regulations. Regulations implementing the state weatherization assistance program (10 Texas Admin. Code 5-5.612) require subrecipients of weatherization funding to conduct a whole house assessment on all eligible units, including the following health and safety items: smoke detectors, wiring, minimum air exchange, moisture problems, lead paint present, asbestos siding present, condition of chimney, plumbing problems, mold, unvented space heaters, carbon monoxide levels on combustion appliances, and carbon monoxide detectors. Regulations (10 Texas Admin. Code 5-522-533) also authorize the Department to provide mold work practices training to subrecipients and establish procedures that subrecipients must follow if they discover the presence of mold-like substances that the weatherization subcontractor cannot adequately address.
Texas Health & Safety Code, §§ 3S5.001–.003
Requires the Board of Health to establish voluntary guidelines for indoor air quality in government buildings, including guidelines for ventilation and indoor pollution control systems. Provides that in establishing the guidelines, the Board must consider the potential effects of air contaminants and insufficient ventilation on human health; the potential health care costs resulting from exposure to indoor air contaminants; and the potential costs of compliance with the proposed guidelines. Regulations (25 Texas Admin. Code 297) incorporate the voluntary guidelines, which include a broad range of microbial management and other recommended practices for operations, maintenance, design and construction of schools and other public buildings.
Texas Insurance Code §§ 542.251–.253
Authorizes the state to adopt rules regulating the handling of water damage claims filed under residential property insurance policies, including required notice, processing procedures and time frames, claim investigation, and settlement of claims.
Texas Insurance Code §§ 544.301–.305
Prohibits an insurer from making an underwriting decision regarding a residential property insurance policy based on previous mold damage or mold damage claim if: mold remediation has been performed on the property and a certificate of mold remediation was issued to the property owner; or an independent assessor or adjustor inspected the property and determined that the property does not contain evidence of mold damage. State has incorporated this provision in its consumer bill of rights information to be distributed by insurers (see 28 Texas Admin. Code 5.9970) and has adopted rules to carry out the statute (see 28 Texas Admin. Code 21.1007).
Texas Occupations Code §§ 195S.001 et seq.
Prohibits a person from engaging in mold assessment or remediation, as defined in the law and regulations, unless that person holds a license from the state. Prohibits license holders (except those employed by school districts) from performing both mold assessment and mold remediation on the same project. Establishes certain minimum work practices and record-keeping requirements for licensed mold assessors and remediators. Requires the Board of Health to adopt rules governing the licensing program, including minimum performance standards and training requirements (25 Texas Admin. Code 295.301-295.338). Authorizes the board to adopt rules that facilitate reciprocity and communication with other states that have a similar licensing program. Directs the Department of Health to administer the program, and requires the department to investigate complaints regarding mold-related activities. Provides for administrative and civil penalties. Also requires the department to conduct a statewide education and outreach program on IAQ and mold.