By: Zaffirini S.B. No. 1255
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of mold assessors and remediators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1958.001(4), Occupations Code, is
amended to read as follows:
(4) "Mold" means any living or dead fungi or related
products or parts, including spores and[,] hyphae[, and
mycotoxins].
SECTION 2. Section 1958.002(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to:
(1) the following activities when not conducted for
the purpose of mold assessment or mold remediation:
(A) routine cleaning;
(B) the diagnosis, repair, cleaning, or
replacement of plumbing, heating, ventilation, air conditioning,
electrical, or air duct systems or appliances;
(C) commercial or residential real estate
inspections; and
(D) the incidental discovery or emergency
containment of potential mold contamination during the conduct or
performance of services listed in this subsection;
(2) the repair, replacement, or cleaning of
construction materials during the building phase of the
construction of a structure;
(3) the standard performance of custodial activities
for, preventive maintenance of, and the routine assessment of
property owned or operated by a governmental entity; [or]
(4) a pest control inspection conducted by a person
regulated under Chapter 1951; or
(5) demolition of a structure after a fire or other
disaster.
SECTION 3. Section 1958.034, Occupations Code, is amended
to read as follows:
Sec. 1958.034. DUTIES. The advisory board may advise the
commission and department on:
(1) technical matters relevant to the administration
of this chapter;
(2) standards of [or] 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.
SECTION 4. Section 1958.102(b), Occupations Code, is
repealed.
SECTION 5. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2025.