Cross Reference Table: TDLR and DSHS Mold Program Rules

TDLR 16 TAC
Chapter 78, Mold Assessment and Remediation
DSHS 25 TAC Ch. 295
Occup. Health, Subch. J, Texas Mold Assessment and Remediation Rules
Occupations Code Statutory Authority and Implementation Substantive Changes and Additional Notes
§78.1 Authority §295.301 General Provisions §§1958.002, .051, .054, .056, .058, .059, .101, .102, .103, .104, .105, .106, .153, .154, .155 General TDLR rulemaking authority in §§51.201/.203 and general regulatory authority in §§51.051/.103/.201; removed provision for collecting Texas Online fees, which will not be collected at TDLR
§78.10 Definitions §295.302 Definitions §1958.001, §51.001 Employee definition-added that a contractor or subcontractor working under a contract is not an employee of the person unless specified; corrected residential property definition to match statute; added executive director definition
§78.20 Credential Required §295.305(a), (b) Credentials: General Conditions §§1958.101, .106. §§51.103, .4041 N/A
§78.21 Applications §295.305(g)-(h) Credentials: General Conditions; §295.308 (a)- (d) Credentials: Applications and Renewals; §§295.311 - .318 credentials & applications sections; §§1958.1011, .104 Exam will now follow application; initial training may be taken at any time before application; criminal background check now required; training certificates must be submitted at initial application but not at renewal; photos are no longer submitted
§78.22 Renewals §295.305(e), (h) Credentials: General Conditions; §295.308(e)- (g) Credentials: Applications and Renewals §§1958.101, .104, §51.401 Criminal background check now required; continuing education certificate need not be submitted; CE may be taken any time during the credential term; may late renew by paying late fee (no late fee previously); CE audit is new; new MRW temporary registration has been created (not renewable)
§78.24 Licensing Examination §295.310 Licensing: State Licensing Examination; §295.305(f) Credentials: General Conditions §1958.105, §§51.402, .403 Removed requirement for passing exams with 70% score; licensing exam will now follow application for the license; the applicant must meet all qualifications in order to take the exam; the exam process and the exam may be administered by a department designee; TPs will not be providing photo training card to take to the exam; examinees are not limited to re-taking the examination only two times
§78.25 Continuing Education §295.320(f) Training: Required Mold Training Courses; §295.305(e) Credentials: General Conditions §§1958.104, .106, §51.405 New section collects the CE requirements; replaced "refresher" with "continuing education" throughout rules; CE may be taken any time during the license or registration period; new CE audit process; training certificates will not be submitted at renewal unless audited; may use MAT or MAC training for renewal of MAT license
§78.30 Exceptions and Exemptions §295.303 Exceptions and Exemptions §§1958.002, .101, .102 Exceptions and exemptions have not changed; removed the exemptions and exceptions from the rules because they are in the statute; projects less than 25 sf can be performed by licensees but they must still work under the rules (there is no statutory authority to waive the application of the law to licensees performing mold related activities); clarifies that reviewing mold remediation bids or proposals is not a mold-related activity requiring a license
§78.40 Insurance Requirements §295.309 Licensing: Insurance Requirements §1958.104 Removed requirement for 10-day notice of cancellation endorsement on insurance policies
§78.50 Mold Assessment Technician License §295.311 Mold Assessment Technician: Licensing Requirements; §295.305(c), (e), (g) Credentials: General Conditions §§1958.054, .058, .101, .151, .154 May use MAT or MAC training for new or renewal license
§78.52 Mold Assessment Consultant License §295.312 Mold Assessment Consultant: Licensing Requirements; §295.305(c), (e), (g) Credentials: General Conditions §§1958.054, .058, .101, .151, .154 Must be licensed as a company if employing more than one MAT or MAC licensee; added a minimum of one day to provide the protocol before remediation begins; clarifies requirement for licensee to ensure that persons performing mold-related activities are credentialed
TDLR 16 TAC Chapter 78, Mold Assessment and Remediation DSHS 25 TAC Ch. 295 Occup. Health, Subch. J, Texas Mold Assessment and Remediation Rules Occupations Code Statutory Authority and Implementation Substantive Changes and Additional Notes
§78.54 Mold Assessment Company License §295.313 Mold Assessment Company: Licensing Requirements; §295.307(b) Conflict of Interest and Disclosure Requirement; §295.305(i), (j) Credentials: General Conditions §§1958.054, .058, .101, .151, .154 Must be licensed as a company if employing more than one MAT or MAC licensee; added a minimum of one day to provide the protocol before remediation begins; clarifies requirement for licensee to ensure that persons performing mold related activities are credentialed
§78.56 Mold Remediation Worker Registration §295.314 Mold Remediation Worker: Registration Requirements; §295.305(c), (e) Credentials: General Conditions §§1958.101, .103 Interim registration no longer available; criminal background check required; training certificate not submitted at renewal (only if audited); employer may still provide training; temporary worker registration is new
§78.58 Mold Remediation Contractor License §295.315 Mold Remediation Contractor: Licensing Requirements; §295.305(c), (e), (g) Credentials: General Conditions §§1958.101, .152, .153, .154, .156 Must be licensed as a MR company if employing more than one MRC or worker; clarifies requirement for licensee to ensure that persons performing mold related activities are credentialed; may still train workers and can train other MRC’s employees not just their own; must provide work plan at least one day before preparation work begins
§78.60 Mold Remediation Company License §295.316 Mold Remediation Company: Licensing Requirements; §295.307(b) Conflict of Interest and Disclosure Requirement; §295.305(i), (j) Credentials: General Conditions §§1958.101, .152, .153, .154, .156 Must be licensed as a MR company if employing more than one MRC or worker; clarifies requirement for licensee to ensure that persons performing mold related activities are credentialed; may still train workers and can train other RCO’s employees not just their own; must provide work plan at least one day before preparation work begins
TDLR 16 TAC Chapter 78, Mold Assessment and Remediation DSHS 25 TAC Ch. 295 Occup. Health, Subch. J, Texas Mold Assessment and Remediation Rules Occupations Code Statutory Authority and Implementation Substantive Changes and Additional Notes
§78.62 Mold Analysis Laboratory License §295.317 Mold Analysis Laboratory: Licensing Requirements; §295.307(b) Conflict of Interest and Disclosure Requirement; §295.305(i), (j) Credentials: General Conditions §§1958.101, .151, .154 Clarified that licensed labs do not need an assessment license too
§78.64 Mold Training Provider Accreditation §295.318 Mold Training Provider: Accreditation; §295.305(b) Credentials: General Conditions; §295.307(b) Conflict of Interest and Disclosure Requirement; §295.305(i), (j) Credentials: General Conditions; §295.320(g) Training: Required Mold Training Courses §1958.106 Training providers are no longer required to provide students with a photo to submit with the application or a photo training card to take to the exam; approval of courses may be administered by the department’s designee; training providers may offer a MAT or MAC training course or continuing education course to a MAT applying for or renewing a MAT license; the department or its representative or designee may audit training courses
§78.66 Training: Approval of Training Courses and Instructors §295.319 Training: Approval of Training Courses and Instructors §§1958.104, .106, §51.405 Training providers must now determine instructor qualifications and approve instructors for teaching; need not provide a photo training card or any other photos
§78.68 Training: Mold Training Courses §295.320 Training: Required Mold Training Courses; §295.320(g) Training: Required Mold Training Courses §§1958.104, .106, §51.405 MAT or MAC training course may be used to qualify for MAT license or renewal
TDLR 16 TAC Chapter 78, Mold Assessment and Remediation DSHS 25 TAC Ch. 295 Occup. Health, Subch. J, Texas Mold Assessment and Remediation Rules Occupations Code Statutory Authority and Implementation Substantive Changes and Additional Notes
§78.70 Responsibilities of Credentialed Persons §295.305(d), (i), (j) Credentials: General Conditions; §295.306 Credentials: General Responsibilities; §295.328 Complaints; §295.307(b) Conflict of Interest and Disclosure Requirement; §295.304(b)(14) Code of Ethics; §§1958.054, .058, .059, .101, .104, .105, .106, .155, .156, .157, §51.252 Universal requirements are collected in this section; licensees must provide the Consumer Mold Information Sheet at the earlier of the first contact with the client or potential client or at least one day before the initiation of any mold-related activity; licensees must notify the department when a remediation licensee discontinues participation in a notified project or commences participation in an already-notified project; complaint contact information for the department must be displayed on documents provided to clients; no obligation to present a photo-ID but must present the department-issued credential or identification on request
§78.72 Code of Ethics §295.304 Code of Ethics; 295.306 Credentials: General Responsibilities §§1958.059, .155 Credentialed persons no longer required to report by the next business day any observed, uncorrected violations
§78.74 Records §295.326 Recordkeeping §§1958.151, .152, .153, .154, .156 Document retention period is increased from three years to five years for training providers and MRCs/RCOs providing MRW training
§78.80 Fees §295.305(h) Credentials: General Conditions; §§295.311 - .318 credentials sections §51.202 Fees for notifications and for credentials are reduced from 10 to 25% from the fees charged at DSHS; new late renewal fees follow TDLR rules; new section collects fee provisions from individual credential sections; replacement or duplicate credential or name change – $25 each; new dishonored payment fee (was not in DSHS rules)
§78.85 Inspections and Investigations §295.329 Compliance: Inspections and Investigations §1958.056, §51.351 Inspections may be conducted by the department or its representative or designee
§78.90 Administrative Penalties and Sanctions §295.330 - .335 – sections on compliance, enforcement, penalties, disciplinary action, and administrative and judicial process §§1958.051, .201 - .304, §§51.103(c), .301 - .356; OC Ch. 53, §§53.024, .051, .052 Removed provisions redundant to Occup. Code Ch. 51, 1958, and 16 TAC Ch. 60; enforcement process follows TDLR standard procedures
TDLR 16 TAC Chapter 78, Mold Assessment and Remediation DSHS 25 TAC Ch. 295 Occup. Health, Subch. J, Texas Mold Assessment and Remediation Rules Occupations Code Statutory Authority and Implementation Substantive Changes and Additional Notes
§78.92 Enforcement Authority §295.330 - .338 – sections on compliance, enforcement, penalties, disciplinary action, and administrative and judicial process §§1958.051, .201 - .253, §§51.103(c), .301 - .356; OC Ch. 53, §§53.024, .051, .052 Removed provisions redundant to Occup. Code Ch. 51, 1958 and 16 TAC Ch. 60; enforcement process follows TDLR standard procedures
§78.100 Minimum Work Practices and Procedures for Mold Assessment §295.321 Minimum Work Practices and Procedures for Mold Assessment §§1958.054, .058, .101, .151, .154 Periods of air scrubbing are authorized under certain conditions
§78.110 Notification of Mold Remediation Activities §295.325 Notifications §1958.153 Notifications and amendments of notifications must be made using the online system; non-emergency notifications must be submitted at least 5 calendar days before the start-date; notifications must be accompanied by the notification fee
§78.120 Minimum Practices and Procedures for Mold Remediation §295.322 Minimum Work Practices and Procedures for Mold Remediation §§1958.054, .058, .152, .156 Periods of air scrubbing are authorized under certain conditions; clarifies that the remediation must be conducted according to the work plan; clarifies that the containment must be maintained in accordance with the work plan and the rules
§78.130 Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems §295.323 Mold Remediation of Heating, Ventilation and Air Conditioning (HVAC) Systems §§1958.054, .058, .152, .156 Changes to assessment and remediation work practices apply here as well
TDLR 16 TAC Chapter 78, Mold Assessment and Remediation DSHS 25 TAC Ch. 295 Occup. Health, Subch. J, Texas Mold Assessment and Remediation Rules Occupations Code Statutory Authority and Implementation Substantive Changes and Additional Notes
§78.140 Post- Remediation Assessment and Clearance §295.324 Post- Remediation Assessment and Clearance §§1958.054, .058, .154 N/A
§78.150 Photographs; Certificate of Mold Damage Remediation; Duty of Property Owner §295.327 Photographs; Certificate of Mold Damage Remediation; Duty of Property Owner §§1958.054, .058, .154, .156, Ins. Code §§544.303 N/A
No TDLR Rule §295.307 Conflict of Interest and Disclosure Requirement §1958.155 Removed, redundant to statute, some provisions included under §78.70 Responsibilities of Credentialed Persons and in ACO, RCO, lab, and TP sections
No TDLR Rule Public Education Program §1958.052 Mold statute provides necessary information

 

NOTE 1: The DSHS rules that are not listed in the chart above were not incorporated into the TDLR rules for several reasons:

  1. TDLR eliminated rules that were already addressed in the Commission’s and Department’s enabling statute, Occupations Code Chapter 51, and in the procedural rules at 16 TAC Chapter 60, both of which apply to all TDLR programs. Examples include:
    • Late Renewal Timeframes
    • Petitions for Rulemaking
    • Complaints and Alleged Violations
    • Administrative Hearings
    • Enforcement and Disciplinary Actions
    • Provisions Regarding Applicants with Criminal Histories
    • Military Licensing Provisions
  2. TDLR eliminated rules that are no longer relevant based on differences between the DSHS and the TDLR structures, processes, or procedures;
  3. TDLR eliminated rules on issues that are addressed by other methods such as the Criminal Conviction Guidelines and the Enforcement Penalty
  4. TDLR eliminated rules that are not supported or authorized by the current statute (with the exception of standard of care and scope of practice rules).

NOTE 2: The fees section of the TDLR rules has been reformatted using the fee structure and amounts for programs regulated by TDLR.

TDLR removed program-specific rules and adopted the TDLR standard fees for:

  • Dishonored Payment Device (16 TAC §60.82) = $50.
  • Criminal History Determination Letter (16 TAC §60.42) = $25.
  • Late Renewal Fee Schedule (Occ. Code §51.401 and 16 TAC §60.83):
    • Expired 90 days or less = One and one half times the regular renewal fee;
    • Expired 91 days to less than 18 months = Two times the regular renewal fee;
    • Expired 18 months to less than 3 years (with Executive Director’s approval) = Two times the regular renewal fee
  • Standardized fee changes for the items above resulted in some TDLR fees being higher and some being lower than the DSHS fees.

TDLR rules also eliminated the following DSHS fees that are not charged by TDLR:

  • Subscription and convenience fees for initial and renewal applications processed through Texas Online
  • Fees charged for initial and renewal applications to fund the Office of Patient Protection, Health Professions Council.