Scope of Authority

Sec. 1958.002. SCOPE OF AUTHORITY. (a) This chapter applies only to the regulation of mold-related activities that affect indoor air quality, including a mold-related activity performed by a third party for compensation at a property owned or operated by a governmental entity. (b) This chapter does not apply to: (1) the following activities when not conducted for the purpose of mold assessment or mold remediation: (A) routine cleaning; (B) the diagnosis, repair, cleaning, or replacement of plumbing, heating, ventilation, air conditioning, electrical, or air duct systems or appliances; (C) commercial or residential real estate inspections; and (D) the incidental discovery or emergency containment of potential mold contamination during the conduct or performance of services listed in this subsection; (2) the repair, replacement, or cleaning of construction materials during the building phase of the construction of a structure; (3) the standard performance of custodial activities for, preventive maintenance of, and the routine assessment of property owned or operated by a governmental entity; (4) a pest control inspection conducted by a person regulated under Chapter 1951; or (5) demolition of a structure after a fire or other disaster. Added by Acts 2003, 78th Leg., ch. 205, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2025, 89th Leg., R.S., Ch. 493 (S.B. 1255), Sec. 2, eff. September 1, 2025. SUBCHAPTER A-1. ADVISORY BOARD