Who needs a TDLR mold license
Texas Occupations Code Chapter 1958 and the Texas Department of Licensing and Regulation (TDLR) rules in 16 Texas Administrative Code Chapter 78 govern mold assessment and mold remediation in Texas. Under Section 1958.101, a person can't do mold assessment without a mold assessment license or mold remediation without a mold remediation license. Section 1958.102 lists exemptions. Section 1958.001 defines mold assessment as inspecting or surveying a home or building to tell its owner or occupant about mold, writing a mold management plan or remediation protocol, or collecting or analyzing a mold sample. Under Chapter 1958, mold remediation means removing, cleaning, sanitizing, demolishing, or otherwise treating mold or mold-contaminated material that wasn't grown there on purpose, including preventive work.
TDLR's mold license types are Mold Assessment Technician, Mold Assessment Consultant, Mold Assessment Company, Mold Remediation Contractor, Mold Remediation Company, and Mold Analysis Laboratory. Workers register as Mold Remediation Workers. Under Section 1958.1011, a license is valid for two years. For steps to look up a license, see how to check a restoration company. TDLR's mold FAQ says TDLR doesn't inspect or test homes for mold and can't make a landlord or property owner clean it up. TDLR's Consumer Mold Information Sheet says the rules don't require any property owner or occupant to clean up mold.
The 25 contiguous square feet threshold
Under Section 1958.102(c), you don't need a license to remediate an area where mold affects a total surface area for the project of less than 25 contiguous square feet. TDLR's rule 78.30(c) says a licensed contractor hired for a project that small still has to follow the law and the rules. TDLR's mold FAQ says that includes a work plan that follows a protocol from a licensed Mold Assessment Consultant. The FAQ also says the contractor doesn't have to notify TDLR of the small project.
TDLR's rule 78.30(d) says an unlicensed person working under the small-area exemption must stop work right away if they find more mold and the total reaches 25 contiguous square feet or more. The rule says they must set up emergency containment if needed and tell the person who asked for the work that the exemption is lost. Under that rule, any further remediation and the post-remediation assessment in that area must be done by someone licensed or registered by TDLR.
At 25 contiguous square feet or more, TDLR's rules require the containment named in the protocol to be used on the job unless only licensed or registered people occupy the building during the project. The rules also require the protective equipment named in the protocol and recommend an N-95 respirator as the minimum. TDLR's rule 78.110 requires notice to TDLR at least five calendar days before work starts. Under rule 78.110(e), an emergency means a delay after a water damage occurrence would increase mold contamination, and notice must go to TDLR no later than the next working day after the license holder identifies the emergency.
Exemptions for homeowners and builders
Under Section 1958.102(e), in the version effective September 1, 2025, the owner of a residential property with fewer than 10 dwelling units, or the owner's managing agent or employee, needs no license for mold assessment or mold remediation on that property. Section 1958.102(e) sets no square-footage limit, and its exemption doesn't cover a managing agent or employee who does mold work for the public. TDLR's Consumer Mold Information Sheet says a homeowner can take mold samples or clean up mold in the home without a license. For other property, Section 1958.102(a) lets an owner or tenant, or their managing agent or employee, do mold work on property they own or lease without a license unless the mold covers 25 contiguous square feet or more, or the agent or employee does mold work for the public.
Under Section 1958.102(d), a person who built or improved a one-family or two-family dwelling needs no license for mold work done at the same time as construction, improvement, or repair work on it. The exemption under Section 1958.102(d) doesn't cover a person who does mold work for the public. TDLR's mold FAQ says the exemption covers the builder, the builder's employees, and subcontractors under a home builder's warranty. TDLR's mold FAQ says only a licensed remediator can give a Certificate of Mold Damage Remediation, so unlicensed work under the builder exemption gets no certificate. Under Section 1958.002, Chapter 1958 doesn't apply to routine cleaning, repair of plumbing, heating, air conditioning, electrical, or air duct systems or appliances, or real estate inspections when they aren't done for mold assessment or remediation. Section 1958.002 also says Chapter 1958 doesn't apply to demolition of a structure after a fire or other disaster.
Separate companies for assessment and remediation
Under Section 1958.155, a license holder can't do both mold assessment and mold remediation on the same project. The section also bars a person from owning an interest in both the company doing the assessment and the company doing the remediation on that project. Section 1958.155 makes an exception for a license holder employed by a school district on a project for that district. TDLR's Consumer Mold Information Sheet says the rule prevents conflicts of interest. TDLR's mold FAQ says one company can hold both an assessment license and a remediation license as long as it doesn't do both on the same project.
Under TDLR's rules 78.100, 78.120, and 78.140, a licensed assessment consultant inspects and writes the protocol, which sets out the remediation work. A separate licensed remediator then removes the mold under its own work plan, and the consultant returns for the post-remediation assessment.
The protocol and the work plan
TDLR's rule 78.100(e) says the assessment consultant writes a mold remediation protocol for the specific project and gives it to you, the client, at least one calendar day before remediation begins, specifying:
- the rooms or areas where the work will happen
- the estimated quantities of materials to be cleaned or removed
- the methods for each type of remediation in each type of area
- the protective equipment remediators will wear, with an N-95 respirator recommended as a minimum when mold could be disturbed
- the types of containment for each type of area
- the clearance procedures and criteria the job has to pass
Under TDLR's rule 78.120(b), the remediator's work plan must meet every requirement of the protocol and give specific instructions for how the job will be done. Under Section 1958.152, the remediator gives you the work plan before remediation begins and keeps a copy at the job site. TDLR's rule 78.120(f) requires a sign at least 8 by 10 inches reading "NOTICE: Mold remediation project in progress" in black on yellow at every accessible entrance to the work area. Under TDLR's rule 78.70(c), the licensee gives the client and the property owner TDLR's Consumer Mold Information Sheet at the first contact or at least one calendar day before any mold work begins, whichever comes first.
Clearance after the work
Under TDLR's rule 78.140, a licensed mold assessment consultant assesses the finished work using visual, procedural, and analytical methods while walk-in containment is still up if the job used it. Under that rule, the assessment checks that the work area is free from all visible mold and wood rot, that the work followed the protocol and work plan, and that it meets the clearance criteria in the protocol. TDLR's rule 78.140 also requires the consultant to determine, to the extent feasible, whether the underlying cause was fixed so it's reasonably certain the mold won't return from that cause. Under TDLR's rule 78.120(g), walk-in containment stays up until the remediator gets the consultant's written notice that the project passed clearance.
The consultant gives the client a written passed clearance report with worksite observations, the type and location of measurements and samples, and data including temperature, humidity, and material moisture readings. The report also includes the sample results, the consultant's photos, and a clear statement that the project passed. TDLR's Consumer Mold Information Sheet says there's no national or state standard for a "safe" level of mold. The sheet advises agreeing with the consultant on clearance criteria, including acceptable sampling results, before the project starts.
The Certificate of Mold Damage Remediation
Under Section 1958.154, the licensed remediator gives the property owner a Certificate of Mold Damage Remediation (CMDR) within 10 days after the project ends, and TDLR's rule 78.150 specifies 10 calendar days after the project stop-date. The certificate uses TDI CMDR form MDR-1, adopted by the Texas Commissioner of Insurance. On the form, a licensed mold assessment consultant who is a different person from the remediator states that, based on visual, procedural, and analytical evaluation, the mold identified for the project was remediated as the protocol laid out. If the consultant determines the underlying cause was fixed, the certificate says so. Under Section 1958.156, the remediator also gives the owner copies of the before and after photos within 10 days and keeps its job records for at least three years.
The form tells you to keep the certificate and give a copy to your insurance agent or company. Our guide to water damage insurance claims covers how those claims work. Under Texas Insurance Code Chapter 544, Section 544.303, an insurer can't base an underwriting decision on a residential property policy on previous mold damage or a mold claim when the property was remediated and has a certificate establishing with reasonable certainty that the underlying cause was remediated, or when an independent assessor or adjuster inspected it and found no evidence of mold damage.
Under Section 1958.154(b), if you sell the property, you give the buyer a copy of each certificate issued for it in the five years before the sale. Under Section 1958.303, a property owner isn't liable for damages related to mold remediation on the property when a certificate was issued and the damages accrued on or before the date it was issued. TDLR's rule 78.150(c) says that, for work that could legally be done without a license, the bottom section of the form lets a licensed mold assessment consultant certify that the property doesn't contain evidence of mold damage.