Examination License Required; Rules 11.003, eff. (3) certified electronic mail to the license holder at the last known electronic mail address the license holder provided to the department. 1958.0531. (3) to a person who is exempt under Subsection (e). Buyer's Guides. 1958.1011. Austin, TX 78711, (800) 803-9202 [in state only] 1958.001. 5.297, eff. āR��3j���r�j|Z��J�HEۿ�����*�},��@oK���!����6��ك�3���n�"P8� @U�2�>�b@U��Ա�t�P���ת��;��a��l������Q��?��. Buying in Texas. Added by Acts 2015, 84th Leg., R.S., Ch. Texas Rules Regarding Mold in Rental Properties Tenant Self-Help Strategies in Texas. In any other situation, you must be licensed under the Texas Mold Regs to perform any type of mold assessment or mold remediation. 1 (S.B. Amended by Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 2015, 84th Leg., R.S., Ch. Office Location For more information on mold, see our website at www.epa.gov/mold. 219), Sec. Amended by Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. 1.285, eff. 202), Sec. 1.286, eff. General Powers and Duties Sept. 1, 2003. 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. 1958.051. 1958.102. April 2, 2015. (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. Mold Assessors and Remediators Amended by Acts 2015, 84th Leg., R.S., Ch. 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 You may also be interested in: Added by Acts 2003, 78th Leg., ch. Amended by Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 2015, 84th Leg., R.S., Ch. 1, eff. 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. Added by Acts 2003, 78th Leg., ch. (d) This section does not apply to a license holder employed by a school district working on a project for that school district. Added by Acts 2017, 85th Leg., R.S., Ch. Disclosing this kind of information isn’t just the right thing to do; it’s also a legal requirement. 202), Sec. Sept. 1, 2003. Whether it’s snakes, mice, or bats, in most states, sellers are required by law to disclose any … In fact, Texas, which is considered a relatively dry state, had the highest mold loss rate based on … D�^��d��3���3�W�꾳 Sec. your legal responsibilities for mold problems; mold prevention techniques, including inspections; how to head off tenant rent withholding; insurance coverage; and more. Sept. 1, 2003. 1.290, eff. Sept. 1, 2003. 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. (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. 1.288, eff. September 1, 2005. In this sense, it is up to the renter to show that their well-being is adversely affected by mold and mildew. Sec. April 2, 2015. Disclosure Laws in Texas for Home Sales Seller disclosures in Texas are governed by Texas Property Code Section § 5.008 . 838 (S.B. Added by Acts 2003, 78th Leg., ch. May 24, 2005. If your mold project is not exempt and it affects more than 25 contiguous square Regardless of what’s required by law, Mauro suggests putting yourself in the buyer’s shoes. These can range from keeping the premises safe to dealing with various repairs and other issues. What are a Landlord's Duties Regarding Mold in Texas? April 2, 2015. 219), Sec. Inspections Sept. 1, 2003. April 2, 2015. (a) The commission shall adopt rules regarding training required under this chapter and continuing education required for a license holder under this chapter. 838 (S.B. Added by Acts 2003, 78th Leg., ch. 1.282, eff. 1.278, eff. 1, eff. (b) The license holder shall maintain a copy of the work plan at the job site where the remediation is being performed. September 1, 2017. (Admin. 1 (S.B. 1, eff. (b) In an emergency, notice to the department under Subsection (a) must be made not later than the next business day after the license holder identifies the emergency. (d) The commissioner of insurance shall adopt rules describing the information that must be provided in the certificate of mold remediation. 205, Sec. 838 (S.B. However, if you’re aware of toxic black mold in your home, real estate disclosure laws recommend you speak up. 202), Sec. 838 (S.B. (4) liability insurance requirements for the license. 205, Sec. 1, eff. September 1, 2017. In some states, voluntary disclosure is not required, but if prospective tenants ask about it, they must be informed and their questions answered truthfully. 205, Sec. Sec. Neighborhood Nuisances. (4) any other methods of education or communication that the department considers appropriate. 1958.103. SUBTITLE B. [*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� (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 provide a certificate of mold remediation to the property owner. 205, Sec. 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. 4007), 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. Added by Acts 2003, 78th Leg., ch. Sec. Amended by Acts 2017, 85th Leg., R.S., Ch. 1.280, eff. A license issued under this chapter is valid for two years. Failure to comply with these duties and requirements can result in legal liability for the landlord. 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. Sec. (a) A license holder may not perform both mold assessment and mold remediation on the same project. 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 2005, 79th Leg., Ch. Added by Acts 2003, 78th Leg., ch. May 24, 2005. 7 0 obj (1) mold assessment unless the person holds a mold assessment license; or. September 1, 2017. However, Texas common law and the agreements between the parties to a real estate transaction may require such disclosure. (4) the proposed clearance criteria for each type of remediation in each type of area in the project. 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. 838 (S.B. Added by Acts 2003, 78th Leg., ch. September 1, 2017. (2) "Executive director" means the executive director of the department. 5.301, eff. 205, Sec. Below is a review of some of the more popular disclosure issues. (4) a pest control inspection conducted by a person regulated under Chapter 1951. 5.298, eff. 1, eff. (2) the damages accrued on or before the date of the issuance of the certificate. … 5.305, eff. 202), Sec. (b) The rules may include requirements regarding training and continuing education providers, including rules establishing: Added by Acts 2003, 78th Leg., ch. Safety Standards 1, eff. PRACTICES AND TRADES RELATED TO WATER, HEALTH, AND SAFETY ]��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��[ 205, Sec. (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. ˞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� � Currently, when it comes to mold, there is no federal or state law that covers a landlord’s duties. 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. Added by Acts 2003, 78th Leg., ch. 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 … Added by Acts 2003, 78th Leg., ch. As with other states, Texas property laws outline various duties and responsibilities for landlords. Rules Regarding Performance Standards and Work Practices 205, Sec. Amended by Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. 4007), Sec. 1 (S.B. Liability for toxic mold in Texas. 205, Sec. 219), Sec. The Act requires the Texas Department of Health (“TDH”) to adopt the rules and regulations to carry out the Act, develop mold safety … 1958.303. (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. Sec. OCCUPATIONS CODE Amended by Acts 2005, 79th Leg., Ch. Amended by Acts 2015, 84th Leg., R.S., Ch. The tenant sent the notice by certified mail, return receipt, or other method with tracking; or; The tenant sent a second written notice after waiting a reasonable … 838 (S.B. Amended by Acts 2015, 84th Leg., R.S., Ch. Under Texas law, if the residence or space threatens the health and safety of a tenant, then the landlord has a duty to fix those conditions. Realtor. 5.299, eff. 1 (S.B. 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