Mold Laws in Texas 2026: New Changes!
Texas has specific laws about mold testing and cleanup. These rules protect both property owners and people doing mold work. Understanding these laws can save you money and keep you safe.
This guide explains Texas mold laws in simple terms. You’ll learn about licensing rules, landlord duties, and your rights as a property owner or tenant.
What Is Mold Under Texas Law?
Mold is a type of fungus that grows in damp places. Texas updated its mold definition in 2025 with Senate Bill 1255, which removed mycotoxins from the legal definition of mold. The law now focuses on visible mold growth rather than invisible toxins.
Mold becomes a legal issue when it affects large areas or requires professional cleanup. If mold covers 25 contiguous square feet or more, Texas law requires licensed professionals to handle the remediation.
Basic Texas Mold Laws
Who Must Be Licensed
All individuals and companies performing mold assessment or remediation must be licensed with the Texas Department of Licensing and Regulation (TDLR). This includes mold assessment consultants, technicians, and remediation contractors.
The licensing keeps unqualified people from doing dangerous mold work. License holders must have proper education, pass state exams, and carry at least $1 million in liability insurance.
Property Owner Exemptions
Homeowners can test for mold or clean it up themselves without a license. However, this exemption has limits. For residential properties with 10 or more units, owners must use licensed professionals.
For commercial properties, owners can handle mold themselves only if it affects less than 25 contiguous square feet.
Recent Changes to Texas Mold Laws
Senate Bill 1255 (2025)
Governor Greg Abbott signed Senate Bill 1255 on June 20, 2025, making important changes that took effect September 1, 2025. The new law creates exemptions for certain demolition work after disasters.
The bill exempts “demolition of a structure” after a “disaster” from mold regulations, but doesn’t clearly define these terms. This could create confusion about when licensed professionals are required.
Implementation in Progress
TDLR is still reviewing the new law and hasn’t issued official interpretations as of September 2025. The agency is updating administrative rules to match the new requirements.
Licensing Requirements for Professionals
Mold Assessment Consultants
Consultants need a bachelor’s degree in natural science, engineering, or related field plus one year of experience. They must also complete 40 hours of training and pass a state exam.
The licensing exam requires a minimum score of 70%, and applicants get only three attempts before retaking training.
Mold Remediation Contractors
Contractors need similar qualifications but focus on cleanup rather than testing. The application fee is $450, and applicants must be at least 18 years old.
All contractors need insurance coverage and must pass background checks.
Penalties and Consequences
Professional Violations
Licensed professionals who break mold laws face fines up to $5,000 per violation. More serious offenses can lead to criminal charges or civil lawsuits.
TDLR can suspend or revoke licenses, issue cease-and-desist orders, and investigate complaints. Operating without a license is especially serious.
Property Owner Consequences
Property owners who knowingly hire unlicensed mold professionals may face legal consequences. This is especially true if the work fails to meet state standards.
Always verify licensing before hiring mold professionals. Check TDLR’s online database to confirm someone’s license is current.
Landlord and Tenant Rights
Landlord Duties
Texas landlords must fix mold problems that materially affect tenant health or safety. This applies when tenants aren’t behind on rent and didn’t cause the problem.
Landlords have 7 days after receiving written notice to start repairs. Tenants should send notices by certified mail for proof of delivery.
Disclosure Requirements
Texas doesn’t require landlords to disclose mold presence to new tenants. However, landlords must answer truthfully if asked directly about mold issues.
When landlords receive mold inspection reports, they must provide copies to tenants within seven days under Texas Property Code 92.056.
Tenant Rights and Remedies
Tenants can end their lease, sue the landlord, or use “repair and deduct” if landlords don’t fix mold problems. The repair and deduct option has strict rules and limits.
Repair costs are limited to one month’s rent or $500, whichever is greater. Tenants need official approval from housing inspectors before using this option.
Special Circumstances
Disaster-Related Exemptions
The 2025 law exempts some demolition work after disasters from licensing requirements. However, the definitions of “disaster,” “structure,” and “demolition” remain unclear.
Property owners should be cautious about relying on these exemptions. Licensed professionals provide important protections and documentation.
Insurance and Liability
Licensed mold companies must carry at least $1 million in general liability insurance. This protects property owners if something goes wrong.
Some companies may have additional coverage like professional liability or pollution insurance. Ask about insurance coverage before hiring anyone.
How to Comply With Texas Mold Laws
For Property Owners
Check if your mold problem requires licensed professionals. Areas of 25 contiguous square feet or more need licensed remediation contractors.
Verify licenses before hiring anyone. Licensed individuals must carry current certificates with license numbers.
Required Documentation
Mold assessment consultants must provide written protocols specifying cleanup methods and clearance criteria. Get these documents before work begins.
After successful remediation, you’ll receive a Certificate of Mold Damage Remediation within 10 days. Keep these certificates for property sales.
For Landlords
Respond quickly to tenant mold complaints. Document all communications and repair efforts. Consider getting professional assessments for significant mold issues.
Provide tenants with copies of mold inspection reports within seven days of receiving them.
Working With Licensed Professionals
Assessment Process
Licensed consultants must develop written Mold Assessment Protocols (MAP) before starting work. These documents outline testing procedures and safety measures.
Protocols must follow industry standards from organizations like the American Industrial Hygiene Association.
Remediation Requirements
Before cleanup begins, consultants must create Mold Remediation Protocols (MRP) specifying methods and materials. This serves as a blueprint for the work.
After remediation, independent consultants must conduct clearance inspections to verify successful completion.
Frequently Asked Questions
Do I need a license to test my own home for mold?
No, homeowners can test for mold or clean it up themselves without a license. However, large areas may require professional help for safety reasons.
What if my landlord won’t fix mold problems?
You can end your lease, sue for repairs, or use repair and deduct in specific situations. Send written notice first and document everything.
How do I verify someone’s mold license?
Check TDLR’s online license search tool at https://www.tdlr.texas.gov/LicenseSearch/. Licensed professionals must carry current certificates.
Are there disclosure requirements for selling property?
Yes, you must provide buyers copies of all mold damage remediation certificates from the past five years. This shows professional cleanup was completed.
What’s the difference between assessment and remediation?
Assessment is testing and evaluation, while remediation is actual cleanup. The same company cannot do both services on the same project to avoid conflicts of interest.
Final Thoughts
Texas mold laws protect everyone involved in mold situations. Property owners get qualified professionals and insurance protection. Tenants have rights to safe housing and prompt repairs.
The 2025 changes create some uncertainty about disaster exemptions. When in doubt, use licensed professionals for significant mold problems. The documentation and protections are worth the investment.
Remember to keep all mold-related certificates and reports. These documents protect your property value and help with future sales or insurance claims.
If an owner cannot afford to do the mold repairs by a professional, is it sufficient to offer a release and all monies returned to the new tenant? I have not fully moved in yet.
Here’s a concise, professional reply:
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That’s a difficult situation for both parties. However, offering a release and refund doesn’t eliminate the landlord’s legal obligation to provide safe, habitable housing under Texas law. If the mold materially affects health or safety, it must be addressed regardless of financial constraints.
Since you haven’t fully moved in yet, accepting the release and full refund is likely your best option. Get everything in writing and ensure all deposits are returned promptly. The landlord’s financial situation is unfortunate, but your right to safe housing takes precedence. Living with unresolved mold issues could affect your health and complicate matters later.