Texas Mold Laws: What You Need to Know

Texas was one of the first states to pass comprehensive mold legislation after a wave of high-profile lawsuits in the early 2000s. The Texas Mold Assessment and Remediation Rules(Chapter 295, Subchapter C of the Texas Administrative Code) regulate who can inspect and remediate mold, how the work must be done, and what disclosures are required. Here's what it means for Houston homeowners and tenants.

Mold Assessors and Remediators Must Be Licensed

Texas requires anyone performing mold assessment or remediation for compensation to hold a license from the Texas Department of Licensing and Regulation (TDLR). There are two license types:

• Mold Assessment Consultant — licensed to inspect, test, and write mold assessment reports. Cannot perform remediation on the same project they assessed (conflict of interest rule).
• Mold Remediation Company / Technician — licensed to perform mold removal and remediation work.

This separation exists to prevent companies from finding problems and then selling you the fix. If the same company offers to inspect andremediate your mold, that's a red flag — Texas law prohibits it on the same project.

You can verify any company's license on the TDLR website. Always ask for a license number before hiring.

Real Estate Disclosure Requirements

Texas sellers are required to disclose known material defectsthat affect the property's value or desirability. The standard Texas Real Estate Commission (TREC) Seller's Disclosure Notice includes questions about:

• Previous water damage or flooding
• Known mold problems, past or present
• Previous mold remediation work
• Any ongoing moisture issues

Sellers who knowingly fail to disclose mold or prior mold remediation can be held liable. In Houston specifically, this is significant because many homes took flood damage during Harvey (2017), Imelda (2019), or subsequent storms — and not all repairs were done properly.

If you're buying a home in Houston, a professional mold inspection before closing is one of the best investments you can make — especially in flood-prone neighborhoods.

Landlord Obligations

Under Texas Property Code Section 92.052, landlords must make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of a tenant. Mold caused by water intrusion, plumbing failures, or structural issues falls under this.

The process requires:

1. Tenant provides written notice of the condition
2. Landlord has a reasonable time to repair (typically 7 days for health hazards)
3. If the landlord fails to act, tenants may have remedies including lease termination, repair-and-deduct, or court action

For more detail on apartment-specific situations, see our apartment mold guide for Houston tenants.

Insurance Regulations

Texas Insurance Code requires insurers to offer mold coverage in residential policies, but allows them to set caps and exclusions. After Hurricane Harvey, many Houston-area policies were revised with:

• Mold remediation caps of $10,000 to $25,000
• Stricter requirements for “sudden and accidental” cause
• Explicit exclusions for flood-related mold (requiring separate NFIP coverage)
• Shorter reporting windows for water damage claims

See our full Texas mold insurance guidefor details on what's covered, what's not, and how to file a claim.

Mold Standards and Thresholds

Texas does not set specific mold concentration limits or define “acceptable” mold levels in homes. There are no federal standards either. The EPA recommends that indoor mold spore counts should not exceed outdoor levels, but this is guidance, not regulation.

In practice, this means:

• There is no legal definition of “safe” mold levels in Texas
• Remediation decisions are based on visible mold, moisture problems, species identification, and health symptoms
• Professional air quality testing compares indoor vs outdoor spore counts to determine whether your home has elevated levels

What This Means for Houston Homeowners

Houston sits at the intersection of all these factors — high humidity, flood risk, aging housing stock, and post-storm repairs of varying quality. The practical takeaways:

• Hire licensed professionals. Verify TDLR licenses before any mold work. Unlicensed work can void insurance claims and create liability.
• Document everything. Texas mold disputes often come down to documentation — photos, reports, communication records.
• Know your insurance limits.Check your policy's mold cap before you need it.
• Act fast after water damage.The 24–48 hour window to prevent mold growth isn't just practical advice — it can affect your insurance claim.

Questions about a specific situation? Give us a call— we can point you in the right direction, even if you don't need our services.