texas mold disclosure laws

Anp�J��m�K.�:�٢�IA�R��{��å*��� Product Details; About the Author ... the potential for a mold problem exists as well. Added by Acts 2003, 78th Leg., ch. (See Page 2 regarding owner exemptions. Amended by Acts 2005, 79th Leg., Ch. 838 (S.B. '}����r���&/�el1���a�F��AD3�������K~�G���2�D�:�X���ӱ�2EF�`��L������V��Y��j�H:ĸ�c�nS��~�������G:αm��Ӟ�9*�YB.�̦õ^S}m��&G��oa7�Z�Fw���"+3������:��&k8ǣ�x��c�*f����'���jD�o���)o`�A ��C�pje=���� %�쏢 Sec. 1 (S.B. September 1, 2017. … Sec. 202), Sec. Amended by Acts 2015, 84th Leg., R.S., Ch. (b) If a property owner sells property, the property owner shall provide to the buyer a copy of each certificate issued for the property under this section during the five years preceding the date the property owner sells the property. (3) "License" means a license issued under this chapter. Conflict of Interest; Disclosure Required (b) A person may not own an interest in both the entity that performs assessment services and an entity that performs remediation services on the same project. āR��3j���r�j|Z��J�HEۿ�����*�},��@oK���!����6��ك�3���n�"P8� @U�2�>�[email protected]��Ա�t�P���ת��;��a��l������Q��?��. Sept. 1, 2003. Amended by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. In any other situation, you must be licensed under the Texas Mold Regs to perform any type of mold assessment or mold remediation. Sec. If you have health problems caused by mold on a Texas property you are leasing, you may be able to file a personal injury lawsuit against the landlord or property manager. For more information about Mold Assessors and Remediators, contact customer service. :9^Ð֢���c����-v��J��Lh0QFYe!�-%6-��U�H�H+�:x�|+է����Q�*[j°�6��&l�G2�/��F�~2 �R� �u����g����7�����OP��H��|f5SIs��`�m���(�K� Failure to comply with these duties and requirements can result in legal liability for the landlord. 1 (S.B. Sec. Disclosure laws typically impose heavy fines or … 1 (S.B. (6) "Mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter that was not purposely grown at that location. Sec. 1958.002. PO Box 12157 Sept. 1, 2003. September 1, 2017. 205, Sec. Sept. 1, 2003. Sept. 1, 2003. 2018), Sec. 838 (S.B. OCCUPATIONS CODE D�^��d��3���3�W�꾳 Sept. 1, 2003. Public Education Program 1958.102. 219), Sec. 219), Sec. 11.004, eff. (1) the development and distribution of information to the public concerning indoor air quality and mold; (3) informational or educational exhibits; and. 838 (S.B. 1, eff. (b) The license holder shall maintain a copy of the work plan at the job site where the remediation is being performed. 1 (S.B. The seller’s realtor (who is an agent of the seller) may also be liable for selling you a home with a mold infestation. (c) A person is not required to be licensed under this chapter to perform mold remediation in an area in which the mold contamination affects a total surface area for the project of less than 25 contiguous square feet. Exemption from Civil Liability for Certain Governmental Entities. ... Common concerns include lead-based paint, mold, asbestos, and radon. What are a Landlord's Duties Regarding Mold in Texas? (c) A license holder who is not an individual shall disclose to the department the name, address, and occupation of each person that has an ownership interest in the license holder. (b) The mold remediator shall make the record available for inspection by the department or any law enforcement entity. (a) An owner or tenant, or a managing agent or employee of an owner or tenant, is not required to be licensed under this chapter to perform mold assessment or mold remediation on property owned or leased by the owner or tenant. (3) certified electronic mail to the license holder at the last known electronic mail address the license holder provided to the department. (a) A mold remediator shall maintain a record regarding each mold remediation performed for at least three years after the date of completion of the mold remediation on a property. Some common examples of safety risks include asbestos, black mold, and things like weak spots in flooring. Added by Acts 2003, 78th Leg., ch. The Key Trigger is a mold project that affects a total surface area of 25 contiguous square feet or more. You usually must report to any potential buyers leaky roofs, bad wiring, mold, flooding basements, pests -- such as termites -- and problems with heating and plumbing systems. <> Buying in Texas. / Currently, no Texas environmental statutes or regulations require sellers and lessors to disclose the presence of mold. The commission by rule shall establish minimum performance standards and work practices for conducting a mold assessment or mold remediation in this state. (1) photographs of the scene of the mold remediation taken before and after the remediation; (2) the written contract between the mold remediator or any other party regarding the mold remediation; (3) all invoices issued regarding the mold remediation; and. Texas – Property Disclosure § 5.008. 4007), Sec. 219), Sec. ]��ţ�Z�C#K�V8$?Ԑ�nڼ�G��C� ��3q&�P=���Uh7� ���gݒ�Y��K�j�����r��]7Ӻ�f�;���S�#����{���� ���?B���o�«��g��i�ff��٧�;�?�����t��>���p�~��\/Y'�g�%s�����s��� ���J���S��� 2�d���2��TŅ� ~[��̝��������D���T#dh6�� �M��s��Vj��0F����J���ַ��7�֧&]�.=�1|7b��4~Өf|c��NB0����_p�L��8��[ Let your REALTOR do his homework and rely on him to guide you regarding the disclosure laws in. 205, Sec. September 1, 2017. 838 (S.B. 11.001, eff. Montana - In 2003, Montana passed The Mold Disclosure Act. Amended by Acts 2015, 84th Leg., R.S., Ch. Currently, there are no EPA regulations or standards for airborne mold contaminants. Record Requirements; Duties of Mold Remediators Buying at 65 years old. (1) mold assessment unless the person holds a mold assessment license; or. September 1, 2017. (3) to a person who is exempt under Subsection (e). Registration Requirements for Employees Buyer's Guides. �7yJ/�S���vث����'���x��6FH��\ɯs秙"�Z��-�n����˂yj\qW'�xqk��T2�}H�,��S�*�ˊ����o�5��5��|��-����(�t ����{E�)�u��n�����[email protected]����K*+u1j%�~�qV��Ԭ�����\��f�]w��P�C�%5�dbx �CF�$���)g��S�� ٿ ���{~���8Ae\t�8iM�. Amended by Acts 2015, 84th Leg., R.S., Ch. :8��P��ҧ7��c�Jt��x$�7R�#-���J4������xʁ�r!�_��T0�s� (A) an inspection, investigation, or survey of a dwelling or other structure to provide the owner or occupant with information regarding the presence, identification, or evaluation of mold; (B) the development of a mold management plan or remediation protocol; or. 205, Sec. Effective last October, even if a seller decides to disclaim disclosure, any latent defects of which the seller has actual knowledge must nevertheless be disclosed. MOLD/MOISTURE DISCLOSURE STATEMENT. (a) The department shall conduct inspections as necessary to ensure compliance with this chapter. 126 (H.B. (b) The commission shall adopt rules regarding: (1) the scope of mold-related work for which a license is required, including the supervision of employees or other persons by license holders; and. Sec. Amended by Acts 2005, 79th Leg., Ch. The commission shall adopt rules as necessary to administer this chapter. For more information on mold, see our website at www.epa.gov/mold. The mold and mildew that accumulates in your shower due to humidity isn’t deadly but may cause symptoms similar to allergies. 1 (S.B. 1, eff. (c) The commission shall adopt rules to implement this section, including rules describing the information that must be provided in the notice. Amended by Acts 2015, 84th Leg., R.S., Ch. 219), Sec. Molds are microscopic fungi that live on plant or animal matter. Texas state law requires landlords to provide notice, but no notice period is specified (92.0081). Seller’s Disclosure of Property Condition (a) A seller of residential real property comprising not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice as prescribed by this section or a written notice substantially similar to the notice prescribed by this section which contains, at a minimum, all of the items in the notice … Definitions 205, Sec. September 1, 2017. The tenant sent the notice by certified mail, return receipt, or other method with tracking; or; The tenant sent a second written notice after waiting a reasonable … 1958.152. 2746), Sec. May 24, 2005. 202), Sec. Amended by Acts 2015, 84th Leg., R.S., Ch. 5.306, eff. 5.301, eff. April 2, 2015. (a) Not later than the 10th day after the date on which a license holder completes mold remediation at a property, the license holder shall provide a certificate of mold remediation to the property owner. (C) the collection or analysis of a mold sample. The commission by rule shall adopt a code of ethics for license holders that promotes the education of mold assessors and mold remediators concerning the ethical, legal, and business principles that should govern their conduct. Fax: (512) 463-9468 Amended by Acts 2015, 84th Leg., R.S., Ch. Mold Assessors and Remediators 219), Sec. 838 (S.B. Buying in Texas. Sept. 1, 2003. The license holder shall provide the analysis to the client before the mold remediation begins. 5.300, eff. Added by Acts 2017, 85th Leg., R.S., Ch. Courts have recognized two common legal self-help strategies that some tenants... Landlord Liability for Mold in Texas. 1.288, eff. 1958.157. 202), Sec. 205, Sec. 1105 (H.B. 1958.151. In California, for example, any death on a property (peaceful or otherwise) needs to be disclosed if it occurred within the last three years. 1958.001. Remediation Work Plan PRACTICES RELATED TO HEALTH AND SAFETY (a) The department shall conduct a statewide education and outreach program regarding the importance of, and ways to improve, air quality in buildings, including the importance of, and the ways to recognize, prevent, control, and mitigate, mold occurrence and other indoor air quality factors that adversely affect human health. 1, eff. 1 (S.B. 1, eff. Exemption from Civil Liability for Certain Property Owners 1958.155. 219), Sec. 202), Sec. 1, eff. Relay Texas-TDD: (800) 735-2989, Helping Small Business and Consumers Since 1909, For more information about obtaining a TDLR license or renewing a TDLR license that expired while serving on active duty, please go to the, Air Conditioning and Refrigeration Contractors, Hearing Instrument Fitters and Dispensers, Speech-Language Pathologists and Audiologists, Rules Regarding Performance Standards and Work Practices, Certificate of Mold Remediation; Duty of Property Owner, Conflict of Interest; Disclosure Required, Record Requirements; Duties of Mold Remediators, Exemption from Civil Liability for Certain Property Owners, Exemption from Civil Liability for Certain Governmental Entities. (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; or. A license issued under this chapter is valid for two years. ĭ)a�$��(����.L��6�*mi֌�6ʈ>�S�i�Ǘ��P�q��[�ø�H�h,TN���Ǜ ��_Oh��Ճ|b�5r��֑g�VIOe���XJ�HT�u��4�[�����+V7��߇{~$��P�sJ�E����7EO���z�h�O(��ŗ%���9Qik?V��;MKY�w����0� ��#s General Powers and Duties Buying a 100 year old house. Amended by Acts 2017, 85th Leg., R.S., Ch. If the prior owner knew of the presence of mold but did not tell you when you bought your home, the owner may be liable to you for violating these disclosure laws. Sec. If your mold project is not exempt and it affects more than 25 contiguous square While he is acting in the capacity as executor for his mother's estate, the son is exempt under the fifth exception listed in that section. Texas - Landlords in Texas must abide by the “implied warranty of habitability.” This legal doctrine requires the landlord to … 1.278, eff. 1, eff. 1958.0531. These fungi spread and reproduce ... Notice and Disclosure Requirements , Office Location x-������C���&�D��wB�s��˗�},`?���/�E 838 (S.B. 1.282, eff. Sept. 1, 2003. Disclosure Laws in Texas for Home Sales Seller disclosures in Texas are governed by Texas Property Code Section § 5.008 . Added by Acts 2003, 78th Leg., ch. Amended by Acts 2015, 84th Leg., R.S., Ch. May 24, 2005. (d) A person is not required to be licensed under this chapter to perform mold assessment or mold remediation in a one-family or two-family dwelling that the person constructed or improved if the person performs the mold assessment or mold remediation at the same time the person performs the construction or improvement or at the same time the person performs repair work on the construction or improvement. Sec. 1.286, eff. The executive director shall administer and enforce this chapter to protect the public from the adverse health effects of mold. 205, Sec. 1.285, eff. Texas Department of Licensing and Regulation In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. 1958.154. Amended by Acts 2015, 84th Leg., R.S., Ch. The Act establishes, among other things, a regulatory system for mold assessments and remediations (for qualifying companies in this business), civil liability for violations, requirements for continuing education, and guidelines for insurance coverage of mold claims. Pests. Safety Standards Mold remediation specialists can help with remediation and you should still be able to sell your home even if you discover mold and avoid legal troubles as long as you disclose it. 1958.105. 5.307, eff. 1958.054. 5.292, eff. x��=ْ#�q������! Added by Acts 2003, 78th Leg., ch. April 2, 2015. Disclosing this kind of information isn’t just the right thing to do; it’s also a legal requirement. 1, eff. September 1, 2017. 1958.304. September 1, 2017. April 2, 2015. 1328), Sec. 11.003, eff. 202), Sec. (Effective September 1, 2017), Sec. Liability for toxic mold in Texas. It depends on how you send notice to the landlord to repair or remedy the problem, and on the circumstances of the condition and its repair.. In this sense, it is up to the renter to show that their well-being is adversely affected by mold and mildew. A-��q֫�5Ł�9��̘���L�ޖ�{_т�:\�[�*���tr,}���ڡ뎖�`9�����j����t�٦�Z�slO�/�y��\%����H�Hq��D��ۨ?���d5+D`5�i�B�R2�����*32��~�I�b_(��!X)��ys5�N�jv6m������v:���?7Q���� ~ ��� w�GÐ;8+�q. Montana – In 2003, Montana passed The Mold Disclosure Act. Amended by Acts 2015, 84th Leg., R.S., Ch. 202), Sec. Sec. 1, eff. Amended by Acts 2015, 84th Leg., R.S., Ch. 1958.059. Term of License (2) mold remediation unless the person holds a mold remediation license. Added by Acts 2003, 78th Leg., ch. Amended by Acts 2015, 84th Leg., R.S., Ch. The certificate must include a statement by a mold assessment license holder that, based on visual, procedural, and analytical evaluation, the mold contamination identified for the project has been remediated as outlined in the mold management plan or remediation protocol. … Sec. Buying a million-dollar home. (d) This section does not apply to a license holder employed by a school district working on a project for that school district. Amended by Acts 2017, 85th Leg., R.S., Ch. 1, eff. You may also be interested in: 5.297, eff. Notice of Project Presence of environmental hazards – If the owner knows that there is a hazardous level of mold in the unit, the tenant must be informed prior to renting the property. Under the law, a seller or landlord is required to disclose the presence of mold, if they know of such a ... local building codes may help to address the problems that contribute to mold growth. September 1, 2005. (512) 463-6599 If … Sec. 1, eff. 1958.153. (2) "Executive director" means the executive director of the department. September 1, 2017. Scope of Work Analysis Buying a million-dollar home. In some states, voluntary disclosure is not required, but if prospective tenants ask about it, they must be informed and their questions answered truthfully. Amended by Acts 2005, 79th Leg., Ch. 1, eff. This statute is available as a printable PDF document. This exemption does not apply if the managing agent or employee engages in the business of performing mold assessment or mold remediation for the public. 205, Sec. Mold Laws By: James Orlando, Chief Attorney Michelle Kirby, Senior Legislative Attorney September 20, 2018 | 2018-R-0233 Issue This report addresses various questions about mold and related laws. Sept. 1, 2003. 1958.056. Sec. Sec. As with other states, Texas property laws outline various duties and responsibilities for landlords. (4) "Mold" means any living or dead fungi or related products or parts, including spores, hyphae, and mycotoxins. Sept. 1, 2003. 1105 (H.B. Sept. 1, 2003. 4007), Sec. 1.290, eff. BrianReeves Featured, Guest Posts, Mold Legal Information Almost every single home buyer should be cautious of failure to disclose issues. A license holder shall maintain an office in this state. Added by Acts 2003, 78th Leg., ch. 1958.104. (4) any other material required by the department. (a) The commission shall adopt rules regarding training required under this chapter and continuing education required for a license holder under this chapter. 205, Sec. April 2, 2015. 1.283, eff. 5.294, eff. Mold/Moisture Disclosure Statement Page 2 of 2 RESIDENT FURTHER AGREES to indemnify and hold harmless Owner and Owner’s management agents from any suits, actions, claims, losses, damages, and expenses (including reasonable attorney’s and court costs) and any liability whatsoever that Owner and/or its management agents may sustain or incur as … Amended by Acts 2015, 84th Leg., R.S., Ch. Amended by Acts 2015, 84th Leg., R.S., Ch. MOLD ASSESSORS AND REMEDIATORS 1958.156. ... Arkansas is in the minority with its disclosure laws. TITLE 12. 1.289, eff. This exemption does not apply: (1) if the managing agent or employee engages in the business of performing mold assessment or mold remediation for the public; (2) if the mold remediation is performed in an area in which the mold contamination affects a total surface area of 25 contiguous square feet or more; or. 7 0 obj Added by Acts 2017, 85th Leg., R.S., Ch. Other disclosure forms may include “Yes/No: checkboxes with a field for toxic mold and mildew, or feature an advisory to buyers to confirm the status of mold in the house or other biological hazards. Sept. 1, 2003. 219), Sec. ���!�覭 ���“UE��9�R}'M�iR�����C7I-u��c�F�U3�R��\�8Ϟ��-l.�0isѳ!����n���d��)�GKH�q� �s����蓊���Y���1-���J{�J�[��r^0��S!>� �Y��צ8#���H�awׂ�Tk�܁P������ ֦�il�Cu||+��ڻP���e��]����v��nȷ��gz��� |o�hP�v��� The commission shall adopt rules regarding a license application. 205, Sec. In fact, Texas, which is considered a relatively dry state, had the highest mold loss rate based on … �O�uJ���0��n>�N1�4/}X&Q2��;&�$FLJI��/���. Sept. 1, 2003. RayAnswers : You would need to disclose this in writing for your protection.That way the buyer was notified in writing and agreed to purchase it as is with written disclosure.This would make it real hard for the buyer to claim any breach of contract based on a failure to disclose after the sale.Especially since the tests reveal mold it is critical to protect yourself that you have a written … 219), Sec. 205, Sec. Sec. (d) The commissioner of insurance shall adopt rules describing the information that must be provided in the certificate of mold remediation. 202), Sec. 205, Sec. If your landlord repeatedly violates your rights to privacy or does removes windows or doors, turns off your utilities, or changes the locks, you would be considered “constructively evicted,” as described above. Added by Acts 2003, 78th Leg., ch. 1105 (H.B. (1-a) "Department" means the Texas Department of Licensing and Regulation. Texas Mold Assessment and Remediation Rules (Rules) 25 Tex. Buying in Arizona. 1, eff. �Z�w5��,]�5�@YD}*��V_����Ŧ}��ciuW��p�����a��� Local Hazards. Rescinding your lease is a valid option, especially if you have proof … April 2, 2015. 1.279, eff. Section 5.008 of the Texas Property Code lists the statutory exceptions to the seller's disclosure notice requirements. A person is not liable in a civil lawsuit for damages related to a decision to allow occupancy of a property after mold remediation has been performed on the property if: (1) a certificate of mold remediation has been issued under this chapter for the property; (2) the property is owned or occupied by a governmental entity, including a school; and. Examination (4) liability insurance requirements for the license. April 2, 2015. Landlord must distribute a State Department of Health Services consumer handbook once it is developed and approved. September 1, 2017. Sec. 219), Sec. Neighborhood Nuisances. Buying a 100 year old house. (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. Amended by Acts 2015, 84th Leg., R.S., Ch. 1958.051. 1 (S.B. (a) For purposes of Texas Occupations Code §1958.002(b)(1)(D), regarding the excepted emergency containment of mold contamination, an emergency exists if a delay in mold remediation services in response to a water damage occurrence would increase mold contamination. Buyer's Guides. (a) A license holder who intends to perform mold assessment on a mold remediation project shall prepare a work analysis for the project. (d) Not later than the 10th day after the date of completion of a mold remediation, the mold remediator license holder shall provide the property owner with copies of all photographs required by this section. 5.303, eff. 838 (S.B. ... You, of course, will claim that your disclosure statement was, in fact, accurate, because at the time of the disclosure, there was no mold. (b) The rules may include requirements regarding training and continuing education providers, including rules establishing: Added by Acts 2003, 78th Leg., ch. April 2, 2015. (b) The commission shall adopt rules regarding compliance investigations. (4) "M… 1105 (H.B. Sec. In addition, there are no laws that specifically address the landlord’s responsibilities regarding mold prevention and remediation. Sept. 1, 2003. 219), Sec. Sept. 1, 2003. =[h���Ì�a��g���i�y�-e'���햶�d�ǂr�/+��_�ЕsNݟ�w�o�#i�)��c��J�}��i U9)�~W��#b;f������������y`���Kh�:���Kp��g�̖PHpDZ�3���eOzڐ�i�Zz�I�nȯ8��H3�5��gRN�fU� i�R�č]BO����t�;�;&�Y��2�-:�fzv��=|��)�0��:�n�� ^S�r0�8���� SC�J�ޘV�5��,SLy�v�9fd�����W�m�r[k�����" K��> Added by Acts 2015, 84th Leg., R.S., Ch. How to Submit, Amend or Cancel a Notification. [*Z��M ��5,C_fi�+ҧ�F�!�$��|e��������g�hR������nLzq�w4��_�}��?��̷г �L>�-��qh��-��8���GϪ��+hX2 ���R"��~�Y�fLvN�r�Gœ�r����j:"d�/@f1�T� �cu��d8nq�@[�@�/3,}.5W��3�1C�Ї�|J���7p���|��N��R�؈���Xt�X�9,q�iR��|��]�ĶAe��S��a� q��s��Ns�x�_�V�HPGz}�s� {�X��hX��2��x�hk��8�$j���y��B�1s'N��S��珅8�[�KS2JuY]`]7f�Ri5[��;L�X��]�\xٮ�^�(�?aM��6�b�Y� What is the difference between toxic and regular mold? Added by Acts 2003, 78th Leg., ch. You should also have it removed immediately for your own safety if you find it in your home. The commission may adopt rules to require the registration of employees supervised by license holders. Certificate of Mold Remediation; Duty of Property Owner Sec. %PDF-1.3 Sept. 1, 2003. 1, eff. 205, Sec. ޮ��˘#�c���DZ�'��ybB��1�k)�� � ��`[email protected]�V���"+\t�[tq����A���@�e���8M�G��I+[R��� ?%G�J+҈�B0�LF��X�HRt�/N3V�l�� 1, eff. 1, eff. Added by Acts 2003, 78th Leg., ch. September 1, 2017. Added by Acts 2003, 78th Leg., ch. (4) a pest control inspection conducted by a person regulated under Chapter 1951. Below is a review of some of the more popular disclosure issues. This exemption does not apply if the person engages in the business of performing mold assessment or mold remediation for the public. 202), Sec. 1.284, eff. 1 (S.B. Exemptions CHAPTER 1958. (a) Except as provided by Subsection (b), not later than the fifth day before the date on which a license holder starts mold remediation at a property, the license holder shall notify the department in a manner prescribed by the department about the project. April 2, 2015. Rules Texas Rules Regarding Mold in Rental Properties Tenant Self-Help Strategies in Texas. September 1, 2017. Added by Acts 2003, 78th Leg., ch. 5.299, eff. The commission by rule may develop and establish mold safety standards for license holders if appropriate scientific information exists regarding the effect of mold. 202), Sec. 1958.158. stream (2) renewal requirements for a license issued under this chapter. 838 (S.B. Standards or Threshold Limit Values (TLVs) for airborne concentrations of mold, or mold spores, have not been set. April 2, 2015. 1, eff. 1, eff. Amended by Acts 2015, 84th Leg., R.S., Ch. Rules Regarding License Application The commission shall adopt rules that establish minimum requirements for a license, including: (2) the qualifications for the license, including any previous training required under Section 1958.106; (3) renewal requirements for the license, including ongoing continuing education required under Section 1958.106; and. April 2, 2015. However, if you’re aware of toxic black mold in your home, real estate disclosure laws recommend you speak up. 219), Sec. 1958.303. 1105 (H.B. 838 (S.B. Sec. the Texas Mold Regulations. Amended by Acts 2017, 85th Leg., R.S., Ch. September 1, 2005. 5.298, eff. (c) The department may contract with governmental entities or other persons to provide the program. September 1, 2017. 5.305, eff. However, Texas common law and the agreements between the parties to a real estate transaction may require such disclosure. Added by Acts 2003, 78th Leg., ch. (3) "License" means a license issued under this chapter. Amended by Acts 2005, 79th Leg., Ch. ... Legal Disclosure Requirements for North Carolina. State disclosure laws often reflect hazards that may be unique to homeowners in that region. (4) any other methods of education or communication that the department considers appropriate. 202), Sec. (Admin. 1958.052. In adopting the rules, the commissioner shall design the certificate as necessary to comply with any requirements imposed under Subchapter G, Chapter 544, Insurance Code. 1958.058. (4) the proposed clearance criteria for each type of remediation in each type of area in the project. Scope of Authority, Sec. ? Under the law, a seller or landlord is required to disclose the presence of mold, if they know of such a ... in some cases, local building codes may help to address the problems that contribute to mold growth. (d) The department shall develop a mechanism by which a license holder may notify the department of an emergency as required by Subsection (b). Whether it’s snakes, mice, or bats, in most states, sellers are required by law to disclose any … Sept. 1, 2003. 1.281, eff. 838 (S.B. Added by Acts 2003, 78th Leg., ch. September 1, 2017. 4007), Sec. If the mold assessment license holder determines that the underlying cause of the mold has been remediated so that it is reasonably certain that the mold will not return from that remediated cause, the mold assessment license holder shall indicate on the certificate that the underlying cause of the mold has been remediated. your legal responsibilities for mold problems; mold prevention techniques, including inspections; how to head off tenant rent withholding; insurance coverage; and more. 1.280, eff. Code Sections 295.301 - 295.338), all companies and individuals who perform moldrelated activities in - Texas must be licensed by DSHS unless exempt. 1 (S.B. Amended by Acts 2015, 84th Leg., R.S., Ch. 1, eff. Added by Acts 2003, 78th Leg., ch. Mold: Landlord must disclose, prior to lease signing, knowledge of any mold in the dwelling that exceeds safety limits or poses a health concern. �a���v+ 1Lzb,�L�:���ÔkĤ-�Ζ7�eI�oY���A0����>��� \��j��a�����$�J��s�-��0Z0fYʈ�H���.���e��/��T�'��1 n

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