BILL ANALYSIS

S.B. 1255

By: Zaffirini

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Mycotoxins, a poisonous substance produced by mold and fungi growth, are currently included in the Texas Department of Licensing and Regulation's (TDLR) definition of mold. The bill sponsor has informed the committee that mycotoxins are not mold themselves, and TDLR's mold assessment and remediation program does not test for or regulate them, and this creates regulatory confusion and an inconsistent scope of oversight. S.B. 1255 seeks to address this by removing mycotoxins from the definition of mold and clarifying when mold remediation is necessary during the demolition of a structure after a fire or other disaster.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1255 amends the Occupations Code to remove mycotoxins from the definition of "mold" for purposes of statutory provisions relating to mold assessors and remediators and to establish that those provisions do not apply to the demolition of a structure after a fire or other disaster when not conducted for the purpose of mold assessment or mold remediation. The bill clarifies that the Mold Assessment and Remediation Advisory Board may advise the Texas Commission of Licensing and Regulation (TCLR) and the Texas Department of Licensing and Regulation on standards of performance for mold assessment or remediation.

S.B. 1255 applies only to conduct that occurs on or after the bill's effective date. Conduct that occurs before the bill's effective date is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose.

S.B. 1255 repeals 1958.102(b), Occupations Code, which establishes that an employee of a mold assessment license holder or mold remediation license holder is not required to be licensed to perform mold assessment or mold remediation, as applicable, while supervised by the license holder, as provided by rules adopted by TCLR.

EFFECTIVE DATE

September 1, 2025.