Sept. 1, 2003. Sept. 1, 2003. The license holder shall provide the work plan to the client before the mold remediation begins. Examination Added by Acts 2015, 84th Leg., R.S., Ch. April 2, 2015. Added by Acts 2003, 78th Leg., ch. Mold Laws By: James Orlando, Chief Attorney Michelle Kirby, Senior Legislative Attorney September 20, 2018 | 2018-R-0233 Issue This report addresses various questions about mold and related laws. 1.279, eff. 1.285, eff. Currently, no Texas environmental statutes or regulations require sellers and lessors to disclose the presence of mold. September 1, 2017. The certificate must include a statement by a mold assessment license holder that, based on visual, procedural, and analytical evaluation, the mold contamination identified for the project has been remediated as outlined in the mold management plan or remediation protocol. Texas – Landlords in Texas must abide by the “implied warranty of habitability.” This legal doctrine requires the landlord to provide a property in a … 5.301, eff. April 2, 2015. 202), Sec. 4007), Sec. Amended by Acts 2015, 84th Leg., R.S., Ch. Buying a 100 year old house. 1, eff. (3) the decision was made by the owner, occupier, or any person authorized by the owner or occupier to make the decision. Added by Acts 2003, 78th Leg., ch. 1 (S.B. Sec. The commission shall adopt rules regarding a license application. (b) The mold remediator shall make the record available for inspection by the department or any law enforcement entity. (2) the damages accrued on or before the date of the issuance of the certificate. 1958.153. The commission by rule shall establish minimum performance standards and work practices for conducting a mold assessment or mold remediation in this state. 4007), Sec. 1.280, eff. 205, Sec. 1 (S.B. Sec. Amended by Acts 2017, 85th Leg., R.S., Ch. ˞к�_���|�п�?�&{E��R��^7���� pU"�f�Z��B��Q�y�w\IH�4X��K7���-���e=i� Z>�n��J5�m��8Ϥ�M��+������i�+3o�^2WcW4�"^���e���pecE���~mNmh�i��|��u�JV.|i�i�}���eNy��v� � Sec. Office Location 11.003, eff. Sept. 1, 2003. Sept. 1, 2003. Molds are microscopic fungi that live on plant or animal matter. If you have health problems caused by mold on a Texas property you are leasing, you may be able to file a personal injury lawsuit against the landlord or property manager. Disclosure laws typically impose heavy fines or … (c) A person is not required to be licensed under this chapter to perform mold remediation in an area in which the mold contamination affects a total surface area for the project of less than 25 contiguous square feet. 11.002, eff. 1, eff. 1958.102. Buying in Texas. (b) An employee of a license holder is not required to be licensed under this chapter to perform mold assessment or mold remediation while supervised by the license holder, as provided by rules adopted under Section 1958.101. Amended by Acts 2015, 84th Leg., R.S., Ch. 642 (H.B. September 1, 2017. 1, eff. It says that sellers of single-unit residential real property must give purchasers a written notice containing their knowledge of the condition of the property, and sets forth language that should be on that form, focusing on material defects. Buying at 65 years old. 1, eff. Sept. 1, 2003. BrianReeves Featured, Guest Posts, Mold Legal Information Almost every single home buyer should be cautious of failure to disclose issues. 1, eff. 1958.151. Added by Acts 2003, 78th Leg., ch. Sept. 1, 2003. 205, Sec. (d) Not later than the 10th day after the date of completion of a mold remediation, the mold remediator license holder shall provide the property owner with copies of all photographs required by this section. In some states, voluntary disclosure is not required, but if prospective tenants ask about it, they must be informed and their questions answered truthfully. You should also have it removed immediately for your own safety if you find it in your home. =[h���Ì�a��g���i�y�-e'���햶�d�ǂr�/+��_�ЕsNݟ�w�o�#i�)��c��J�}��i U9)�~W��#b;f������������y`���Kh�:���Kp��g�̖PHpDZ�3���eOzڐ�i�Zz�I�nȯ8��H3�5��gRN�fU� i�R�č]BO����t�;�;&�Y��2�-:�fzv��=|��)�0��:�n�� ^S�r0�8���� SC�J�ޘV�5��,SLy�v�9fd�����W�m�r[k�����" K��> '}����r���&/�el1���a�F��AD3�������K~�G���2�D�:�X���ӱ�2EF�`��L������V��Y��j�H:ĸ�c�nS��~�������G:αm��Ӟ�9*�YB.�̦õ^S}m��&G��oa7�Z�Fw���"+3������:��&k8ǣ�x��c�*f����'���jD�o���)o`�A ��C�pje=���� If your landlord repeatedly violates your rights to privacy or does removes windows or doors, turns off your utilities, or changes the locks, you would be considered “constructively evicted,” as described above. ... Arkansas is in the minority with its disclosure laws. 838 (S.B. 205, Sec. 202), Sec. Amended by Acts 2015, 84th Leg., R.S., Ch. 202), Sec. (3) "License" means a license issued under this chapter. 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 ethical, legal, and business principles that should govern their conduct. Courts have recognized two common legal self-help strategies that some tenants... Landlord Liability for Mold in Texas. MOLD ASSESSORS AND REMEDIATORS Environmental and natural disaster hazards must be disclosed in the state of North Carolina. September 1, 2017. Service of Process on License Holder, SUBCHAPTER G. OTHER PENALTIES; ENFORCEMENT PROVISIONS; EXEMPTIONS FROM CIVIL LIABILITY, Sec. Sec. :9^Ð֢���c����-v��J��Lh0QFYe!�-%6-��U�H�H+�:x�|+է����Q�*[j°�6��&l�G2�/��F�~2 �R� �u����g����7�����OP��H��|f5SIs��`�m���(�K� 1958.1011. 1958.002. Mold Assessors and Remediators 838 (S.B. 1, eff. (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 mold remediation on a property. 219), Sec. PO Box 12157 219), Sec. (b) The commission shall adopt rules regarding compliance investigations. (b) The commission shall adopt rules regarding: (1) the scope of mold-related work for which a license is required, including the supervision of employees or other persons by license holders; and. Failure to comply with these duties and requirements can result in legal liability for the landlord. (c) A license holder who is not an individual shall disclose to the department the name, address, and occupation of each person that has an ownership interest in the license holder. September 1, 2017. 1 (S.B. September 1, 2005. 205, Sec. (Effective September 1, 2017), Sec. April 2, 2015. September 1, 2005. Austin, TX 78711, (800) 803-9202 [in state only] You usually must report to any potential buyers leaky roofs, bad wiring, mold, flooding basements, pests -- such as termites -- and problems with heating and plumbing systems. (512) 463-6599 The commission shall adopt rules as necessary to administer this chapter. Exemptions Sept. 1, 2003. 2746), Sec. 1958.101. Buying in Arizona. Training; Continuing Education, Sec. MOLD/MOISTURE DISCLOSURE STATEMENT. The Act establishes, among other things, a regulatory system for mold assessments and remediations (for qualifying companies in this business), civil liability for violations, requirements for continuing education, and guidelines for insurance coverage of mold claims. A license holder shall maintain an office in this state. April 2, 2015. Definitions Amended by Acts 2015, 84th Leg., R.S., Ch. General Powers and Duties September 1, 2017. Some common examples of safety risks include asbestos, black mold, and things like weak spots in flooring. September 1, 2017. Remediation Work Plan 205, Sec. The Act requires the Texas Department of Health (“TDH”) to adopt the rules and regulations to carry out the Act, develop mold safety … (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 a property, the license holder shall notify the department in a manner prescribed by the department about the project. (1) the development and distribution of information to the public concerning indoor air quality and mold; (3) informational or educational exhibits; and. (a) The commission shall adopt rules regarding training required under this chapter and continuing education required for a license holder under this chapter. Scope of Authority, Sec. (c) The commission shall adopt rules to implement this section, other than rules described by Subsection (d). Public Education Program 1958.106. … 205, Sec. 1105 (H.B. 5.305, eff. 202), Sec. Mold/Moisture Disclosure Statement Page 2 of 2 RESIDENT FURTHER AGREES to indemnify and hold harmless Owner and Owner’s management agents from any suits, actions, claims, losses, damages, and expenses (including reasonable attorney’s and court costs) and any liability whatsoever that Owner and/or its management agents may sustain or incur as … 205, Sec. Sec. 4007), Sec. The landlord has a reasonable amount of time to remove the mold after receiving the tenant’s notice if:. 219), Sec. The department may require that an applicant for a license pass a competency examination to qualify for the license. Amended by Acts 2017, 85th Leg., R.S., Ch. :8��P��ҧ7��c�Jt��x$�7R�#-���J4������xʁ�r!�_��T0�s� 1958.103. (1-a) "Department" means the Texas Department of Licensing and Regulation. 1, eff. Failure to disclose generally refers to the sellers failure to disclose material defects with the property. (See Page 2 regarding owner exemptions. Amended by Acts 2015, 84th Leg., R.S., Ch. Mold remediation specialists can help with remediation and you should still be able to sell your home even if you discover mold and avoid legal troubles as long as you disclose it. (a) A license holder who intends to perform mold assessment on a mold remediation project shall prepare a work analysis for the project. The Key Trigger is a mold project that affects a total surface area of 25 contiguous square feet or more. A-��q֫�5Ł�9��̘���L�ޖ�{_т�:\�[�*���tr,}���ڡ뎖�`9�����j����t�٦�Z�slO�/�y��\%����H�Hq��D��ۨ?���d5+D`5�i�B�R2�����*32��~�I�b_(��!X)��ys5�N�jv6m������v:���?7Q���� ~ ��� w�GÐ;8+�q. 11.005, eff. PRACTICES RELATED TO HEALTH AND SAFETY Term of License PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY Conflict of Interest; Disclosure Required Sec. A license issued under this chapter is valid for two years. 1 (S.B. 1 (S.B. (c) The department may contract with governmental entities or other persons to provide the program. 202), Sec. 838 (S.B. 838 (S.B. (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 importance of, and the ways to recognize, prevent, control, and mitigate, mold occurrence and other indoor air quality factors that adversely affect human health. Let your REALTOR do his homework and rely on him to guide you regarding the disclosure laws in. Disclosure Laws in Texas for Home Sales Seller disclosures in Texas are governed by Texas Property Code Section § 5.008 . 1958.154. Buying at 65 years old. Sept. 1, 2003. %PDF-1.3 838 (S.B. (a) A license holder may not perform both mold assessment and mold remediation on the same project. In California, for example, any death on a property (peaceful or otherwise) needs to be disclosed if it occurred within the last three years. What are a Landlord's Duties Regarding Mold in Texas? 5.297, eff. (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 for compensation at a property owned or operated by a governmental entity. Texas Department of Licensing and Regulation 4007), Sec. 219), Sec. September 1, 2017. Rescinding your lease is a valid option, especially if you have proof … Amended by Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. (c) The commission shall adopt rules to implement this section, including rules describing the information that must be provided in the notice. Rules 5.299, eff. Landlord must distribute a State Department of Health Services consumer handbook once it is developed and approved. Added by Acts 2003, 78th Leg., ch. The license holder shall provide the analysis to the client before the mold remediation begins. What is mold? ޮ��˘#�c���DZ�'��ybB��1�k)�� � ��`n@.�V���"+\t�[tq����A���@�e���8M�G��I+[R��� ?%G�J+҈�B0�LF��X�HRt�/N3V�l�� 202), Sec. �Z�w5��,]�5�@YD}*��V_����Ŧ}��ciuW��p�����a��� Sec. [*Z��M ��5,C_fi�+ҧ�F�!�$��|e��������g�hR������nLzq�w4��_�}��?��̷г �L>�-��qh��-��8���GϪ��+hX2 ���R"��~�Y�fLvN�r�Gœ�r����j:"d�/@f1�T� �cu��d8nq�@[�@�/3,}.5W��3�1C�Ї�|J���7p���|��N��R�؈���Xt�X�9,q�iR��|��]�ĶAe��S��a� q��s��Ns�x�_�V�HPGz}�s� {�X��hX��2��x�hk��8�$j���y��B�1s'N��S��珅8�[�KS2JuY]`]7f�Ri5[��;L�X��]�\xٮ�^�(�?aM��6�b�Y� %�쏢 Section 5.008 of the Texas Property Code lists the statutory exceptions to the seller's disclosure notice requirements. Texas Mold Assessment and Remediation Rules (Rules) 25 Tex. April 2, 2015. Record Requirements; Duties of Mold Remediators 1958.001. Sec. In adopting the rules, the commissioner shall design the certificate as necessary to comply with any requirements imposed under Subchapter G, Chapter 544, Insurance Code. 5.302, eff. 1105 (H.B. If the prior owner knew of the presence of mold but did not tell you when you bought your home, the owner may be liable to you for violating these disclosure laws. 2018), Sec. It depends on how you send notice to the landlord to repair or remedy the problem, and on the circumstances of the condition and its repair.. In this sense, it is up to the renter to show that their well-being is adversely affected by mold and mildew. 1.281, eff. (1-a) "Department" means the Texas Department of Licensing and Regulation. 7 0 obj In addition, there are no laws that specifically address the landlord’s responsibilities regarding mold prevention and remediation. 1, eff. (4) "M… 1, eff. 1, eff. Amended by Acts 2015, 84th Leg., R.S., Ch. (2) "Executive director" means the executive director of the department. Added by Acts 2017, 85th Leg., R.S., Ch. While he is acting in the capacity as executor for his mother's estate, the son is exempt under the fifth exception listed in that section. Added by Acts 2003, 78th Leg., ch. In most cases, if someone has passed away peacefully in a house, “there’s no legal obligation in most states requiring that [sellers] disclose it,” says Jason Wells, attorney and realtor and partner of Wells Law Group in Phoenix, AZ.However, if you live in California, South Dakota, or Alaska, there are exceptions to the rule. Added by Acts 2003, 78th Leg., ch. Sept. 1, 2003. 728 (H.B. September 1, 2017. ���y��t��H3ǹƭ�y8%#�4B*�'i��L�a%@��S8"�Hت36�(��5���H cʺjp=�p�� ~�I�Q3��-������Ǥ�v�>��7���d�fl����Q]-X���1�#76��M�H��_�yP��B�|N�����e�£�sH�K�^n�`p�v2.�ϛU�� e���/�� When sellers fail to disclose they will be held liable for damages sustained by the buyer. ... documented and reported on the seller's disclosure report. (b) If a property owner sells property, the property owner shall provide to the buyer a copy of each certificate issued for the property under this section during the five years preceding the date the property owner sells the property. Amended by Acts 2015, 84th Leg., R.S., Ch. ... You, of course, will claim that your disclosure statement was, in fact, accurate, because at the time of the disclosure, there was no mold. Amended by Acts 2005, 79th Leg., Ch. Section 92.052 (a) (3) does state that a landlord must make a diligent effort to repair or remedy a condition if it "materially affects" the health and safety of the occupants. Amended by Acts 2015, 84th Leg., R.S., Ch. A nuisance is often a noise or odor from a source outside the property … 2, eff. Amended by Acts 2015, 84th Leg., R.S., Ch. 11.001, eff. (a) For purposes of Texas Occupations Code §1958.002(b)(1)(D), regarding the excepted emergency containment of mold contamination, an emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination. Sec. The commission may adopt rules to require the registration of employees supervised by license holders. April 2, 2015. Amended by Acts 2015, 84th Leg., R.S., Ch. Liability for toxic mold in Texas. 1, eff. Presence of environmental hazards – If the owner knows that there is a hazardous level of mold in the unit, the tenant must be informed prior to renting the property. <> (4) a pest control inspection conducted by a person regulated under Chapter 1951. This statute is available as a printable PDF document. Sec. (1) photographs of the scene of the mold remediation taken before and after the remediation; (2) the written contract between the mold remediator or any other party regarding the mold remediation; (3) all invoices issued regarding the mold remediation; and. September 1, 2017. 202), Sec. ... Common concerns include lead-based paint, mold, asbestos, and radon. Added by Acts 2017, 85th Leg., R.S., Ch. ���Cbz2K���X��1�d��s)�oy��=���l�=����%C1S�a^�N 1.287, eff. Amended by Acts 2005, 79th Leg., Ch. Added by Acts 2003, 78th Leg., ch. Sec. The department may serve any notice that law requires the department to serve on a license holder by: (1) personal service on the license holder; (2) certified mail, return receipt requested, to the license holder at the last known address the license holder provided to the department; or. 838 (S.B. Standards or Threshold Limit Values (TLVs) for airborne concentrations of mold, or mold spores, have not been set. Buying a 100 year old house. x-������C���&�D��wB�s��˗�},`?���/�E 1.283, eff. 1 (S.B. Montana – In 2003, Montana passed The Mold Disclosure Act. This exemption does not apply if the managing agent or employee engages in the business of performing mold assessment or mold remediation for the public. �KGmH�T�?��nA��O��9�B4�4�e� �]6\�4䜠>�m����1܉'Y�yr����j]��V�D��!m~!f)��J�Ԡqۑ�3��C�\X�WSk�`�r]����P�#�0'�D?tD�xE����Y[��&���ö�7��{�(I�u�=����Ln�TDi�O��y�]�س�Rs��(�#�:E|Q6��3�[J�6�f��փV�`�G�mA��R�ek�R�����T7�:��`�KM��#�>�tU���/� �J�k��$D,|�clvSh���S�+Z뱀7J�FP�(N,H��4��6�2�1�αҩx��������9���i �� �h_�&�1���7��3i�>-$�f�9V7��,9k$ZH�t\τU�J�?���j[8� L-�3�7��"^��Yކr?a_S[�Z�Y�Ψ`��.����/��X�!6�PV~�2���y�믛5uS(L��"�Q���u����;5h#�ڟ�+Y9��{{X1��� �����~p�����3l���fb���,��Ì�hDxEp $1cV�x`@��kh�;��ߑr��CQ���� ��Q�s)��[�RӋ}��JN�3ZÔ�0������쨊�E0-��cJ���9J)UKu�q ��Oq�'�蓝���sL���M ����;��9�Lt������PuG�Ai_��3����ۇA���`)��7$�-�c���. 838 (S.B. May 24, 2005. License Required; Rules (4) the proposed clearance criteria for each type of remediation in each type of area in the project. It should be noted, however, that the Maryland legislature recently amended the seller disclosure law. Buying a million-dollar home. Amended by Acts 2015, 84th Leg., R.S., Ch. In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. State disclosure laws often reflect hazards that may be unique to homeowners in that region. Amended by Acts 2015, 84th Leg., R.S., Ch. 205, Sec. 1 (S.B. You may also be interested in: 838 (S.B. Amended by Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. Amended by Acts 2015, 84th Leg., R.S., Ch. Pests. Amended by Acts 2005, 79th Leg., Ch. Amended by Acts 2015, 84th Leg., R.S., Ch. 1958.104. ĭ)a�$��(����.L��6�*mi֌�6ʈ>�S�i�Ǘ��P�q��[�ø�H�h,TN���Ǜ ��_Oh��Ճ|b�5r��֑g�VIOe���XJ�HT�u��4�[�����+V7��߇{~$��P�sJ�E����7EO���z�h�O(��ŗ%���9Qik?V��;MKY�w����0� ��#s April 2, 2015. 5.294, eff. RayAnswers : You would need to disclose this in writing for your protection.That way the buyer was notified in writing and agreed to purchase it as is with written disclosure.This would make it real hard for the buyer to claim any breach of contract based on a failure to disclose after the sale.Especially since the tests reveal mold it is critical to protect yourself that you have a written … 202), Sec. Added by Acts 2003, 78th Leg., ch. As with other states, Texas property laws outline various duties and responsibilities for landlords. / This exemption does not apply if the person engages in the business of performing mold assessment or mold remediation for the public. 1 (S.B. (3) "License" means a license issued under this chapter. (4) any other material required by the department. Sec. The commission shall adopt rules that establish minimum requirements for a license, including: (2) the qualifications for the license, including any previous training required under Section 1958.106; (3) renewal requirements for the license, including ongoing continuing education required under Section 1958.106; and. Code of Ethics, SUBCHAPTER C. LICENSE AND REGISTRATION REQUIREMENTS, Sec. For example, homeowners in California and Oregon must provide information about earthquake hazards, while Alaska requires … (Admin. Currently, there are no EPA regulations or standards for airborne mold contaminants. (6) "Mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter that was not purposely grown at that location. Sec. The mold and mildew that accumulates in your shower due to humidity isn’t deadly but may cause symptoms similar to allergies. 1958.054. SUBTITLE B. 1.282, eff. Montana - In 2003, Montana passed The Mold Disclosure Act. 838 (S.B. the Texas Mold Regulations. Sept. 1, 2003. Added by Acts 2003, 78th Leg., ch. In fact, Texas, which is considered a relatively dry state, had the highest mold loss rate based on … (b) A person may not own an interest in both the entity that performs assessment services and an entity that performs remediation services on the same project. 1.286, eff. Amended by Acts 2015, 84th Leg., R.S., Ch. 1958.052. 219), Sec. 1, eff. 1, eff. (1) the rooms or areas where the work will be performed; (2) the quantities of materials to be removed or cleaned at the project; (3) the proposed methods for each type of remediation in each type of area in the project; and. Relay Texas-TDD: (800) 735-2989, Helping Small Business and Consumers Since 1909, For more information about obtaining a TDLR license or renewing a TDLR license that expired while serving on active duty, please go to the, Air Conditioning and Refrigeration Contractors, Hearing Instrument Fitters and Dispensers, Speech-Language Pathologists and Audiologists, Rules Regarding Performance Standards and Work Practices, Certificate of Mold Remediation; Duty of Property Owner, Conflict of Interest; Disclosure Required, Record Requirements; Duties of Mold Remediators, Exemption from Civil Liability for Certain Property Owners, Exemption from Civil Liability for Certain Governmental Entities. Certificate of Mold Remediation; Duty of Property Owner 219), Sec. Amended by Acts 2005, 79th Leg., Ch. Sept. 1, 2003. (3) certified electronic mail to the license holder at the last known electronic mail address the license holder provided to the department. Sec. See below for product details. 1, eff. How to Submit, Amend or Cancel a Notification. What is the difference between toxic and regular mold? 1958.056. (4) liability insurance requirements for the license. (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 to perform mold assessment or mold remediation on property owned or leased by the owner or tenant. April 2, 2015. Sec. Seller’s Disclosure of Property Condition (a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice … Registration Requirements for Employees These can range from keeping the premises safe to dealing with various repairs and other issues. Amended by Acts 2015, 84th Leg., R.S., Ch. (d) This section does not apply to a license holder employed by a school district working on a project for that school district. (b) The rules may include requirements regarding training and continuing education providers, including rules establishing: Added by Acts 2003, 78th Leg., ch. Sept. 1, 2003. 219), Sec. For purposes of this subsection, an emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination. (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 the mold remediation project. 205, Sec. Currently, when it comes to mold, there is no federal or state law that covers a landlord’s duties. 205, Sec. (e) An owner, or a managing agent or employee of an owner, is not required to be licensed under this chapter to perform mold assessment or mold remediation on a residential property owned by that person with fewer than 10 dwelling units. TITLE 12. ... or specific unit information to tenants prior to moving in. September 1, 2017. 1958.051. Amended by Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 2015, 84th Leg., R.S., Ch. Sec. 219), Sec. Buyer's Guides. If the mold assessment license holder determines that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated cause, the mold assessment license holder shall indicate on the certificate that the underlying cause of the mold has been remediated. Anp�J��m�K.�:�٢�IA�R��{��å*��� Added by Acts 2003, 78th Leg., ch. 1958.0531. (C) the collection or analysis of a mold sample. Notice of Project In any other situation, you must be licensed under the Texas Mold Regs to perform any type of mold assessment or mold remediation. Other disclosure forms may include “Yes/No: checkboxes with a field for toxic mold and mildew, or feature an advisory to buyers to confirm the status of mold in the house or other biological hazards. 202), Sec. Sept. 1, 2003. Sec. 1958.155. (1) "Commission" means the Texas Commission of Licensing and Regulation. Buying in Texas. ]��ţ�Z�C#K�V8$?Ԑ�nڼ�G��C� ��3q&�P=���Uh7� ���gݒ�Y��K�j�����r��]7Ӻ�f�;���S�#����{���� ���?B���o�«��g��i�ff��٧�;�?�����t��>���p�~��\/Y'�g�%s�����s��� ���J���S��� 2�d���2��TŅ� ~[��̝��������D���T#dh6�� �M��s��Vj��0F����J���ַ��7�֧&]�.=�1|7b��4~Өf|c��NB0����_p�L��8��[ Sept. 1, 2003. A person is not liable in a civil lawsuit for damages related to a decision to allow occupancy of a property after mold remediation has been performed on the property if: (1) a certificate of mold remediation has been issued under this chapter for the property; (2) the property is owned or occupied by a governmental entity, including a school; and. �O�uJ���0��n>�N1�4/}X&Q2��;&�$FLJI��/���. September 1, 2017. Sept. 1, 2003. 74), Sec. Amended by Acts 2015, 84th Leg., R.S., Ch. However, if you’re aware of toxic black mold in your home, real estate disclosure laws recommend you speak up. That some tenants... landlord Liability for the license holder provided to the renter to show their... If you find it in your shower due to humidity isn ’ t just the thing... Key Trigger is a mold project that affects a total surface area of 25 square. Property Owners Sec disclosure report, 85th Leg., R.S., Ch if. 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