SB1255

Regular Session

Relating to the regulation of mold assessors and remediators.

CriticalImmediate action required

High Cost

Effective:2025-09-01

Enforcing Agencies

Texas Department of Licensing and Regulation (TDLR)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Conduct occurring on this date requires full licensure; there is no grandfathering or phase-in period).
Agency Rulemaking: TDLR must update 16 TAC Chapter 78 to align with the statute. Watch for proposed rules regarding the definition of "other disaster" and specific registration protocols for formerly exempt employees between Q4 2024 and Q2 2025.

Immediate Action Plan

Audit Workforce (Immediate): Identify every employee currently working under a supervisor's license and categorize them for immediate licensure application.
Update Insurance: Verify that your GL and Pollution Liability policies cover the transition period and confirm coverage requirements for the newly licensed workforce.
Revise MSAs: Send notice to all subcontractors that effective September 1, 2025, no unlicensed personnel will be permitted on job sites, and require proof of licensure as a condition of payment.
Monitor TDLR Register: Assign a compliance officer to track TDLR rulemaking specifically regarding the definition of "disaster" to optimize your demolition workflows.

Operational Changes Required

Contracts

Subcontractor Agreements (MSAs): You must amend MSAs to mandate that *all* personnel provided by staffing agencies or subs hold individual TDLR licenses. Strengthen indemnification clauses to protect your firm against liability for "negligence per se" if a sub utilizes unlicensed labor.
Client Service Agreements: For post-fire or disaster work, insert specific language citing the SB1255 "Disaster Exemption" (Section 1958.002(b)) to clarify why standard mold protocols and clearance testing are not being applied to demolition activities.

Hiring/Training

Mandatory Credentialing: The law requires a 100% licensed workforce. You must immediately audit all field staff to identify those operating under the current supervision exemption.
Training Budget: Allocate funds immediately for training courses and exam fees for these employees. You have less than two years to credential your entire field force.

Reporting & Record-Keeping

HR Audits: Maintain active TDLR license/registration numbers in every employee's file. General Contractors must verify these numbers for every crew member on a job site, not just the foreman.
Disaster Documentation: To utilize the new demolition exemption, you must implement an intake form that logs the specific "disaster" event (e.g., Fire Incident Report, FEMA declaration, or insurance claim reference) to prove regulatory compliance during an audit.

Fees & Costs

High Cost Impact: While state fees remain static, operational costs will spike due to the volume of employees requiring licensure.
Insurance Review: Consult your broker immediately. General Liability policies often exclude coverage for work performed by unlicensed individuals. With the supervision shield removed, an unlicensed employee causing damage could result in a denied claim.

Strategic Ambiguities & Considerations

Definition of "Other Disaster": The bill exempts demolition following "fire or other disaster." The law does not define if "other disaster" includes routine residential water events (e.g., burst pipes) or requires a formal emergency declaration. Until TDLR rulemaking clarifies this, assume a conservative interpretation to avoid unlicensed practice penalties.
Mycotoxin Deregulation: The removal of "mycotoxins" from the statutory definition of mold suggests testing solely for mycotoxins may no longer be a regulated activity. However, until TDLR confirms this via rule, treat all mold-related byproducts as regulated.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsOccupational Regulation Occupational Regulation--health Occupations Occupational Regulation--other Trades & Professions Mold & Mold Remediation

Official Analysis

View HRO Analysis View All Bill Documents

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.

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Dade PhelanRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 1255

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 22, 2025

TO:	Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1255 by Zaffirini (Relating to the regulation of mold assessors and remediators.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

452 Department of Licensing and Regulation

LBB Staff:

JMc, RStu, BFa

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Frequently Asked Questions

Common questions about SB1255

What does Texas SB1255 do?

SB1255 fundamentally restructures the mold remediation labor model by repealing the supervision exemption, thereby requiring every individual performing remediation to be licensed or registered by TDLR, regardless of on-site supervision. This legislation creates a hard compliance stop for remediation firms, restoration contractors, and general contractors currently utilizing a "hub-and-spoke" model where one licensee oversees unlicensed technicians. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Conduct occurring on this date requires full licensure; there is no grandfathering or phase-in period).

Who authored SB1255?

SB1255 was authored by Texas Senator Judith Zaffirini during the Regular Session.

When was SB1255 signed into law?

SB1255 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1255?

SB1255 is enforced by Texas Department of Licensing and Regulation (TDLR).

How urgent is compliance with SB1255?

The compliance urgency for SB1255 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1255?

The cost impact of SB1255 is estimated as "high". This may vary based on industry and implementation requirements.

What topics does SB1255 address?

SB1255 addresses topics including occupational regulation, occupational regulation--health occupations, occupational regulation--other trades & professions and mold & mold remediation.

Legislative data provided by LegiScanLast updated: November 25, 2025

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