BILL ANALYSIS Senate Research Center S.B. 1255 89R7995 AND-F By: Zaffirini Business & Commerce 3/20/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Mycotoxins, a poisonous substance produced by mold and fungi growth, currently are included in the Texas Department of Licensing and Regulation's (TDLR) definition of mold. Mycotoxins, however, are not mold themselves, and TDLR's mold assessment and remediation program does not test for or regulate them. This creates regulatory confusion and an inconsistent scope of oversight. S.B. 1255 would remove mycotoxins from the definition of mold, ensuring that TDLR's regulations accurately reflect its authority and focus solely on mold assessment and remediation. What's more, delays in demolition due to mold assessment and remediation requirements can create unnecessary obstacles following a fire or natural disaster. Current law requires mold-related protocols even when demolition is the only viable solution, prolonging timelines when immediate action is needed for safety and rebuilding efforts. S.B. 1255 would exempt demolitions following a fire or disaster from mold assessment and remediation requirements, eliminating bureaucratic delays that serve no practical purpose. Lastly, existing law allows unlicensed employees to conduct mold assessments and remediations under the supervision of a licensed professional. Advancements in remote technology, however, have weakened direct oversight, leading to unqualified persons performing critical tasks with little or no real-time supervision. S.B. 1255 would repeal the provision allowing unlicensed employees to conduct mold-related work, ensuring that only trained and licensed professionals handle these assessments and remediations, thereby protecting public health and maintaining industry standards. As proposed, S.B. 1255 amends current law relating to the regulation of mold assessors and remediators. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1958.001(4), Occupations Code, to redefine "mold." SECTION 2. Amends Section 1958.002(b), Occupations Code, to provide that Chapter 1958 (Mold Assessors and Remediators) does not apply to certain services and activities, including demolition of a structure after a fire or other disaster, and to make nonsubstantive changes. SECTION 3. Amends Section 1958.034, Occupations Code, to make a nonsubstantive change. SECTION 4. Repealer: Section 1958.102(b) (relating to providing that an employee of a license holder is not required to be licensed to perform mold assessment or remediation while supervised), Occupations Code. SECTION 5. Makes application of this Act prospective. SECTION 6. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1255
89R7995 AND-F By: Zaffirini
Business & Commerce
3/20/2025
As Filed
Senate Research Center
S.B. 1255
89R7995 AND-F
By: Zaffirini
Business & Commerce
3/20/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Mycotoxins, a poisonous substance produced by mold and fungi growth, currently are included in the Texas Department of Licensing and Regulation's (TDLR) definition of mold. Mycotoxins, however, are not mold themselves, and TDLR's mold assessment and remediation program does not test for or regulate them. This creates regulatory confusion and an inconsistent scope of oversight. S.B. 1255 would remove mycotoxins from the definition of mold, ensuring that TDLR's regulations accurately reflect its authority and focus solely on mold assessment and remediation.
What's more, delays in demolition due to mold assessment and remediation requirements can create unnecessary obstacles following a fire or natural disaster. Current law requires mold-related protocols even when demolition is the only viable solution, prolonging timelines when immediate action is needed for safety and rebuilding efforts. S.B. 1255 would exempt demolitions following a fire or disaster from mold assessment and remediation requirements, eliminating bureaucratic delays that serve no practical purpose.
Lastly, existing law allows unlicensed employees to conduct mold assessments and remediations under the supervision of a licensed professional. Advancements in remote technology, however, have weakened direct oversight, leading to unqualified persons performing critical tasks with little or no real-time supervision. S.B. 1255 would repeal the provision allowing unlicensed employees to conduct mold-related work, ensuring that only trained and licensed professionals handle these assessments and remediations, thereby protecting public health and maintaining industry standards.
As proposed, S.B. 1255 amends current law relating to the regulation of mold assessors and remediators.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 1958.001(4), Occupations Code, to redefine "mold."
SECTION 2. Amends Section 1958.002(b), Occupations Code, to provide that Chapter 1958 (Mold Assessors and Remediators) does not apply to certain services and activities, including demolition of a structure after a fire or other disaster, and to make nonsubstantive changes.
SECTION 3. Amends Section 1958.034, Occupations Code, to make a nonsubstantive change.
SECTION 4. Repealer: Section 1958.102(b) (relating to providing that an employee of a license holder is not required to be licensed to perform mold assessment or remediation while supervised), Occupations Code.
SECTION 5. Makes application of this Act prospective.
SECTION 6. Effective date: September 1, 2025.