Texas Property Code § 5.008
Requires that certain sellers of single-unit residential property give buyers a written disclosure notice that addresses a variety of conditions, including water damage and the presence of radon, asbestos, urea-formaldehyde insulation, lead-based paint, or hazardous or toxic waste.
Texas Occupations Code §§ 1958.001 et seq.
Prohibits a person from engaging in mold assessment or remediation, as defined in the law and regulations, unless that person holds a license from the state. Prohibits license holders (except those employed by school districts) from performing both mold assessment and mold remediation on the same project. Establishes certain minimum work practices and record-keeping requirements for licensed mold assessors and remediators. Requires the state to adopt rules governing the licensing program, including minimum performance standards and training requirements. Directs the state to administer the program and to investigate complaints regarding mold-related activities. 2015 legislation (2015 Tx. S.B. 202), effective Sept. 1, 2017, transferred the program from the Department of Health to the Department of Licensing and Regulation, which re-issued regulations (16 Texas Admin. Code 78.1 et seq.).
Texas Insurance Code §§ 544.301--.305
Prohibits an insurer from making an underwriting decision regarding a residential property insurance policy based on previous mold damage or mold damage claim if: mold remediation has been performed on the property and a certificate of mold remediation was issued to the property owner; or an independent assessor or adjustor inspected the property and determined that the property does not contain evidence of mold damage. State has incorporated this provision in its consumer bill of rights information to be distributed by insurers (28 Texas Admin. Code 5.9970) and has adopted rules to carry out the statute (28 Texas Admin. Code 21.1007).
Texas Insurance Code §§ 542.251--.253
Authorizes the state to adopt rules regulating the handling of water damage and mold claims filed under residential property insurance policies, including required notice, processing procedures and time frames, claim investigation, and settlement of claims.
Texas Health & Safety Code §§ 385.001--.003
Required the Board of Health to establish voluntary guidelines for indoor air quality in government buildings, including guidelines for ventilation and indoor pollution control systems. Provided that in establishing the guidelines, the Board must consider the potential effects of air contaminants and insufficient ventilation on human health; the potential health care costs resulting from exposure to indoor air contaminants; and the potential costs of compliance with the proposed guidelines. Regulations (25 Texas Admin. Code 297.1 et seq.) incorporate the voluntary guidelines, which include a broad range of microbial management and other recommended practices for operations, maintenance, design and construction of schools and other public buildings. 2015 legislation (2015 Tx. S.B. 202) repealed the statutory provisions, removing this function from the state health department.
Texas Government Code §§ 2306.201 et seq.
Establishes the state Housing Trust Fund to provide financial assistance to enable households to finance, acquire, rehabilitate and develop decent, safe and sanitary housing. The Department of Housing and Community Affairs administers the fund and established the Amy Young Barrier Removal Program to provide one-time grants from the fund to persons with disabilities in low income households, for the purpose of home modifications. Regulations implementing the program (10 Texas Admin. Code 26.27) allow a portion of the funds to be used to repair life-threatening hazards and unsafe conditions, which the regulations define to include environmental hazards such as mold, lead-based paint, asbestos or radon.
Texas Government Code § 2306.053
Authorizes the Texas Department of Housing and Community Affairs to administer federal housing, community affairs, or community development programs, including the low income housing tax credit program. Regulations adopted under the law (10 Tx. Admin. Code 11.305) require that environmental site assessments (ESAs) for affordable multifamily housing projects funded by the Department must be conducted and reported in conformity with ASTM standards and meet additional criteria specified in the regulations. Among other things, the ESA report must “assess the potential for the presence of radon on the property, and recommend specific testing if necessary.”
Texas Government Code § 2306.053
Authorizes the Department of Housing and Community Affairs to adopt regulations. Regulations implementing the state weatherization assistance program (10 Texas Admin. Code 6.416) require subrecipients of weatherization funding to conduct a whole house assessment on all eligible units, including the following health and safety items: smoke detectors, wiring, minimum air exchange, moisture problems, lead paint present, asbestos siding present, condition of chimney, plumbing problems, mold, unvented space heaters, carbon monoxide levels on combustion appliances, and carbon monoxide detectors. The regulations (10 Texas Admin. Code 6.412) establish procedures that subrecipients must follow if they discover the presence of mold-like substances.
Texas Government Code § 2165.305
Requires the Office of Risk Management to conduct an annual, one-day IAQ seminar, requires attendance at the seminar by a variety of individuals responsible for state buildings, and requires the Office to post on the internet information provided at the most recent seminar.
Texas Education Code § 48.004
Authorizes the Commissioner of Education to adopt regulations to administer the state program that provides school facility funding. Regulations adopted under the law (19 Texas Admin. Code 61.1036) establish a variety of requirements for state-funded school construction and renovation projects, as well as the recommendation that schools consider the use of designs, methods, and materials that will reduce the potential for IAQ problems. The regulations further recommend that districts use the state’s voluntary IAQ guidelines and the EPA’s IAQ Tools for Schools program, and that they consult with a qualified IAQ specialist during the design process.