Texas Occupations Code Title 12, Chapter 1958 - Mold Assessors And Remediators

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1958.001 - Definitions
  In this chapter: Text of subdivision effective until September 01, 2017 (1) "Department" means the Department of State Health Services. Text of subdivision effective on...

SUBCHAPTER B POWERS AND DUTIES

• Texas Section 1958.002 - Scope Of Authority
  (a) This chapter applies only to the regulation of mold-related activities that affect indoor air quality, including a mold-related activity performed by a third party...
• Texas Section 1958.051 - General Powers And Duties Of Department; Scope Of Authority
  The department shall administer this chapter to protect the public from the adverse health effects of mold. Added by Acts 2003, 78th Leg., ch. 205,...
• Texas Section 1958.051 - General Powers And Duties
  The executive director shall administer and enforce this chapter to protect the public from the adverse health effects of mold. Added by Acts 2003, 78th...
• Texas Section 1958.052 - Public Education Program
  (a) The department shall conduct a statewide education and outreach program regarding the importance of, and ways to improve, air quality in buildings, including the...
• Texas Section 1958.053 - General Rulemaking Authority
  The executive commissioner shall adopt substantive and procedural rules as necessary or desirable for the department to discharge its powers and duties under this chapter....
• Texas Section 1958.054 - Rules Regarding Performance Standards And Work Practices
  The executive commissioner by rule shall establish minimum performance standards and work practices for conducting a mold assessment or mold remediation in this state. Added...
• Texas Section 1958.054 - Rules Regarding Performance Standards And Work Practices
  The commission by rule shall establish minimum performance standards and work practices for conducting a mold assessment or mold remediation in this state. Added by...
• Texas Section 1958.055 - Fees
  Sec. 1958.055. FEES. Text of subsection effective until September 01, 2017 (a) The executive commissioner shall establish reasonable and necessary fees to administer this chapter,...
• Texas Section 1958.056 - Inspections
  (a) The department shall conduct inspections as necessary to ensure compliance with this chapter. Text of subsection effective until September 01, 2017 (b) The executive...
• Texas Section 1958.057 - Complaints
  The department shall investigate any complaint regarding mold-related activities. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003. Amended by:...
• Texas Section 1958.058 - Safety Standards
  The executive commissioner by rule may develop and establish mold safety standards for license holders if appropriate scientific information exists regarding the effect of mold....
• Texas Section 1958.058 - Safety Standards
  The commission by rule may develop and establish mold safety standards for license holders if appropriate scientific information exists regarding the effect of mold. Added...
• Texas Section 1958.059 - Code Of Ethics
  The executive commissioner by rule shall adopt a code of ethics for license holders that promotes the education of mold assessors and mold remediators concerning...

SUBCHAPTER C LICENSE AND REGISTRATION REQUIREMENTS

• Texas Section 1958.059 - Code Of Ethics
  The commission by rule shall adopt a code of ethics for license holders that promotes the education of mold assessors and mold remediators concerning the...
• Texas Section 1958.101 - License Required; Rules
  (a) A person may not engage in: (1) mold assessment unless the person holds a mold assessment license; or (2) mold remediation unless the person...
• Texas Section 1958.1011 - Term Of License
  A license issued under this chapter is valid for two years. Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.300, eff....
• Texas Section 1958.102 - Exemptions
  (a) An owner or tenant, or a managing agent or employee of an owner or tenant, is not required to be licensed under this chapter...
• Texas Section 1958.103 - Registration Requirements For Employees
  The executive commissioner may adopt rules to require the registration of employees supervised by license holders. Added by Acts 2003, 78th Leg., ch. 205, Sec....
• Texas Section 1958.103 - Registration Requirements For Employees
  The commission may adopt rules to require the registration of employees supervised by license holders. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1,...
• Texas Section 1958.104 - Rules Regarding License Application
  The executive commissioner shall adopt rules regarding a license application. The executive commissioner shall adopt rules that establish minimum requirements for a license, including: (1)...
• Texas Section 1958.104 - Rules Regarding License Application
  The commission shall adopt rules regarding a license application. The commission shall adopt rules that establish minimum requirements for a license, including: (1) the type...
• Texas Section 1958.105 - Examination
  (a) The department may require that an applicant for a license pass a competency examination to qualify for the license. (b) If the department requires...
• Texas Section 1958.106 - Training; Continuing Education
  Sec. 1958.106. TRAINING; CONTINUING EDUCATION. Text of subsection effective until September 01, 2017 (a) The executive commissioner shall adopt rules regarding training required under this...

SUBCHAPTER D PRACTICE BY LICENSE HOLDER

• Texas Section 1958.107 - Reciprocity
  The executive commissioner may adopt rules that facilitate reciprocity and communication with other states that have a similar licensing program. Added by Acts 2003, 78th...
• Texas Section 1958.151 - Scope Of Work Analysis
  (a) A license holder who intends to perform mold assessment on a mold remediation project shall prepare a work analysis for the project. The license...
• Texas Section 1958.152 - Remediation Work Plan
  (a) A license holder who intends to perform mold remediation shall prepare a work plan providing instructions for the remediation efforts to be performed for...
• Texas Section 1958.153 - Notice Of Project
  (a) Except as provided by Subsection (b), not later than the fifth day before the date on which a license holder starts mold remediation at...
• Texas Section 1958.154 - Certificate Of Mold Remediation; Duty Of Property Owner
  (a) Not later than the 10th day after the date on which a license holder completes mold remediation at a property, the license holder shall...
• Texas Section 1958.155 - Conflict Of Interest; Disclosure Required
  (a) A license holder may not perform both mold assessment and mold remediation on the same project. (b) A person may not own an interest...
• Texas Section 1958.156 - Record Requirements; Duties Of Mold Remediators
  (a) A mold remediator shall maintain a record regarding each mold remediation performed for at least three years after the date of completion of the...

SUBCHAPTER E DISCIPLINARY PROCEDURES

• Texas Section 1958.157 - Office Location
  A license holder shall maintain an office in this state. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003. Text...
• Texas Section 1958.201 - Disciplinary Action
  If a license holder violates this chapter or an order or rule adopted under this chapter, the department, after providing the person with notice and...

SUBCHAPTER F ADMINISTRATIVE PENALTY

• Texas Section 1958.201 - Disciplinary Action
  If a license holder violates this chapter or an order or rule adopted under this chapter, the commission or executive director, after providing the person...
• Texas Section 1958.251 - Imposition Of Administrative Penalty
  The department may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued under this chapter. Added...
• Texas Section 1958.252 - Amount Of Penalty
  (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues under Section 1958.101 or 1958.155 may...
• Texas Section 1958.252 - Amount Of Penalty
  (a) The amount of an administrative penalty imposed for a violation of this chapter or a rule adopted or order issued under this chapter may...
• Texas Section 1958.253 - Exception To Administrative Penalty
  Sec. 1958.253. EXCEPTION TO ADMINISTRATIVE PENALTY. Text of subsection effective until September 01, 2017 (a) The department may choose not to impose an administrative penalty...
• Texas Section 1958.254 - Notice; Opportunity For Hearing; Order
  (a) The department may impose an administrative penalty under this subchapter only after the person charged with a violation is given a written notice and...
• Texas Section 1958.255 - Options Following Decision
  (a) Not later than the 30th day after the date the department's decision or order becomes final as provided by Section 2001.144, Government Code, the...
• Texas Section 1958.256 - Collection Of Penalty
  At the request of the department, the attorney general may bring a civil action to recover an administrative penalty imposed under this subchapter. Added by...
• Texas Section 1958.257 - Judicial Review
  Judicial review of a decision or order of the department imposing a penalty under this subchapter is instituted by filing a petition with a district...

SUBCHAPTER G OTHER PENALTIES; ENFORCEMENT PROVISIONS; EXEMPTIONS FROM CIVIL LIABILITY

• Texas Section 1958.258 - Remittance Of Penalty And Interest Or Release Of Bond
  If after judicial review the administrative penalty is reduced or is not upheld by the court, the department shall: (1) remit the appropriate amount, plus...
• Texas Section 1958.301 - Civil Penalty
  (a) A person who violates this chapter or a rule adopted under this chapter is liable for a civil penalty in an amount not to...
• Texas Section 1958.302 - Injunctive Relief
  The department may request the attorney general or the district, county, or city attorney having jurisdiction to bring an action for a restraining order, injunction,...
• Texas Section 1958.303 - Exemption From Civil Liability For Certain Property Owners
  A property owner is not liable for damages related to mold remediation on a property if: (1) a certificate of mold remediation has been issued...
• Texas Section 1958.304 - Exemption From Civil Liability For Certain Governmental Entities
  A person is not liable in a civil lawsuit for damages related to a decision to allow occupancy of a property after mold remediation has...

Last modified: September 28, 2016