FAQ

At NTX Enviro, we believe in helping clients make informed decisions about mold, remediation, and insurance. The information below is a summary of consumer guidance provided by the Texas Attorney General’s Office, the Texas Department of Insurance (TDI), and the Texas Department of Licensing and Regulation (TDLR). For full details, please see the Texas Attorney General’s Consumer Protection Page on Mold Remediation: Texas Attorney General – Mold Remediation.

Insurance and Mold Claims

• Standard Texas homeowners policies (often HO-A) may cover sudden and accidental water leaks, but often exclude ongoing leaks or mold damage.
• Many policies that do cover mold place strict caps on remediation costs.
• Filing a claim can affect your ability to get or keep insurance because all claims are tracked in the Comprehensive Loss Underwriting Exchange (CLUE) database.
• Homebuyers and insurers may request a CLUE report. You can review or dispute your report by contacting the Equifax Insurance Consumer Center at (800) 456-6004.

Insurance Claim Process (Typical)

• Insurers must begin investigating your claim within 15 days of written notice.
• If more information is requested, they have another 15 days to decide after receiving it.
• If approved, payment must be issued within 5 days.
• Settlement checks may be made payable to both the homeowner and the mortgage company, so coordination is often required.

Choosing a Licensed Mold Professional

• All non-exempt mold assessors and remediators in Texas must be licensed by TDLR.
• By law, one company cannot both assess and remediate the same project to avoid conflicts of interest.
• A licensed Mold Assessment Consultant (MAC) prepares the protocol (work plan).
• A licensed Mold Remediation Contractor (MRC) carries out the remediation following the protocol and files notification with TDLR.
• Within 10 days of completion, the contractor must issue a Certificate of Mold Damage Remediation (CMDR), which includes a statement from the consultant verifying remediation.

Records You Should Keep

Property owners should keep copies of:

• The mold assessment report and protocol
• The remediation contract and invoices
• Before and after remediation photos
• The Certificate of Mold Damage Remediation (CMDR)

If the property is sold within five years, Texas law requires providing the buyer with copies of all CMDRs issued during that period (Texas Occupations Code §1958; 16 TAC §78.150).

Where to Get Help or File Complaints

• Texas Attorney General’s Office – Consumer protection guidance: Texas AG Mold Remediation
• Texas Department of Licensing and Regulation (TDLR) – Verify licenses or file complaints: (800) 803-9202 or TDLR Mold Program
• Texas Department of Insurance (TDI) – Assistance with insurance claims: www.tdi.texas.gov

Disclaimer: This summary is provided for general informational purposes only and is not legal advice. For official guidance, please consult the Texas Attorney General’s Office, TDI, TDLR, or a qualified attorney.

Inspection reports and, if applicable, remediation protocols are usually delivered within 1–2 business days after the inspection. Delivery times may vary depending on the number of samples collected, laboratory turnaround, or project complexity.

Please note: Reports are released once full payment has been received.

A Certificate of Mold Damage Remediation (CMDR) is an official form issued by the Texas Department of Insurance (TDI). It provides documentation that:

• Mold contamination identified at your property was properly remediated by a licensed Mold Remediation Contractor (MRC), following a written protocol prepared by a licensed Mold Assessment Consultant (MAC).
• The underlying cause of the mold (such as a leak or water intrusion) was corrected so it is reasonably certain the mold will not return from the same source.

Why does the CMDR matter?

• It serves as proof that mold issues were addressed professionally and in compliance with Texas law.
• If you sell your home within five years of the remediation, state law requires you to disclose the mold damage and provide buyers with a copy of the CMDR (16 TAC §78.150; Texas Occupations Code, Ch. 1958).
• A CMDR can protect you from future insurance or resale issues. Without it, some insurers may deny coverage or buyers may have difficulty obtaining homeowners insurance due to past mold claims.

Where can I see the form?

You can review the official Certificate of Mold Damage Remediation here:
Texas Department of Insurance – CMDR Form (PC326 MDR-1)

Note: A CMDR applies only to mold remediation work. It does not cover other types of water damage repair.

• A CMDR provides homeowners with official documentation that mold was professionally remediated and that the underlying cause was corrected.
• Under Texas law (16 TAC §78.150), if you sell your property within five years of remediation, you must provide the buyer with copies of any CMDRs issued for the property.
• A CMDR can protect you from insurance challenges. Insurers are prohibited from making underwriting decisions on your property based solely on prior mold damage or claims once a CMDR has been issued.
• Many lenders and insurance carriers may also require a CMDR after remediation to verify that the work was performed properly and the property has been returned to a normal condition.

Why is a Certificate of Mold Damage Remediation (CMDR) important?

• Under the TDLR Code of Ethics (16 TAC, Chapter 78), licensed mold professionals must keep client personal information confidential, including details such as medical conditions, unless disclosure is required by law.
• Clients may also request contract language to further protect personal information beyond the minimum legal requirements.
• Certain project details, such as the address, dates of work, and licensee information, are part of the public record and cannot be kept confidential.

Note: NTX Enviro complies with all confidentiality requirements under Texas law but cannot restrict the disclosure of information that the law requires to be public.

Yes. Homeowners are exempt from licensing requirements when performing mold assessment or remediation on their own single-family residential property – even if the mold-affected area exceeds 25 contiguous square feet (16 TAC §78.30, Texas Occupations Code Chapter 1958).

However:

• The 25 contiguous square foot threshold applies to non-residential property owners and to residential properties with 10 or more dwelling units (e.g., apartments). In those cases, a licensed Mold Remediation Contractor is required once the threshold is exceeded.
• Even though homeowners may legally remediate mold of any size in their own homes, choosing to do so means you will not be able to obtain a Certificate of Mold Damage Remediation (CMDR), which can affect insurance coverage and resale disclosure requirements.

Important Note: While Texas law allows homeowners to perform unlimited remediation on their own single-family residences, NTX Enviro recommends using licensed professionals when the affected area is greater than 25 contiguous square feet. Large-scale mold remediation requires specialized containment, protective equipment, and clearance testing to ensure the problem is resolved safely and in compliance with industry standards.

Under Texas law, certain individuals are not required to be licensed to perform mold assessment or remediation. However, exemptions are narrow and specific.

(a) General Exemption for Owners and Tenants

An owner or tenant, or their managing agent/employee, is not required to be licensed to perform mold work on property they own or lease.
This exemption does not apply if:

1. The managing agent or employee engages in the business of performing mold work for the public;
2. The remediation affects a total surface area of 25 contiguous square feet or more; or
3. The exemption conflicts with Subsection (e).

(b) Employees of Licensed Companies

Employees working under the supervision of a licensed mold professional do not need to hold their own individual license.

(c) Small Projects

Anyone may perform remediation on areas smaller than 25 contiguous square feet without a license.

(d) Builders / Contractors on Their Own Projects

A person may perform mold work in a one-family or two-family dwelling they constructed or improved, if the work occurs at the same time as the construction or repair.
This exemption does not apply if the person engages in mold remediation as a business for the public.

(e) Residential Properties with Fewer than 10 Units

An owner, or their agent/employee, is exempt from licensing when performing mold work on their own residential property with fewer than 10 dwelling units.
This exemption does not apply if the agent or employee is in the business of performing mold remediation for the public.

Important Note: Even when exemptions apply, homeowners and property owners who perform mold remediation themselves cannot obtain a Certificate of Mold Damage Remediation (CMDR), which may affect insurance coverage and property resale disclosures.

Where can I find the official Texas Mold Laws and Rules?

Mold assessment and remediation in Texas is regulated by the Texas Department of Licensing and Regulation (TDLR). Two sets of governing documents apply:

• Texas Administrative Code (TAC), Title 16, Chapter 78 – Mold Assessors and Remediators Administrative Rules
  These rules establish the licensing process, performance standards, clearance requirements, and enforcement provisions for mold professionals.
  Read the Administrative Rules here
• Texas Occupations Code, Title 8, Chapter 1958 – Mold Assessors and Remediators Law
  This law, passed by the Texas Legislature, sets out the statutory framework for licensing, exemptions, and penalties.
  Read the Occupations Code here

Note: These materials are published by the State of Texas. NTX Enviro provides them here for client reference but does not interpret them as legal advice.

Per the Texas Administrative Code, Title 16, Chapter 78, Section 78.150, licensed mold professionals have specific duties after completing a mold remediation project:

Contractor/Company Responsibilities

• Photographs:
  Within one week after the remediation project is completed, the licensed mold remediation contractor/company must provide the property owner with before-and-after photographs of the remediation area.
• Certificate of Mold Damage Remediation (CMDR):
  Within 10 days after the project stop date, the licensed mold remediation contractor/company must provide the property owner a CMDR (Form PC326 MDR-1, adopted by the Texas Commissioner of Insurance).

The CMDR must include:

• 1. A statement by the licensed mold assessment consultant (not the remediator) confirming that, based on visual, procedural, and analytical evaluation, the mold contamination identified in the protocol has been properly remediated.
  2. If applicable, a statement that the underlying cause of the mold has been corrected so it is reasonably certain the mold will not return from the same source.
• Recordkeeping:
  Copies of the CMDR must be kept in the business files of both the assessment consultant/company and the remediation contractor/company.

Property Owner Responsibilities

• If the property is sold within five years of remediation, the owner must provide the buyer a copy of each CMDR issued for the property during that period.

Important Note for Clients

• A CMDR protects you when selling your property because it proves that mold issues were professionally remediated.
• Without a CMDR, insurers or buyers may treat the property as having unresolved mold damage, even if cleanup was done.

View CMDR Form PC326 MDR-1 (Texas Department of Insurance)

Per the Texas Administrative Code, Title 16, Chapter 78, Section 78.92:

What This Means for Property Owners

• If you have been issued a Certificate of Mold Damage Remediation (CMDR) under §78.150:
  • You are not liable for damages related to mold remediation on your property for any damages that occurred on or before the date of the certificate.
  • In other words, once a CMDR is issued, you are legally protected against civil claims tied to past mold conditions covered by that certificate.

What This Means for Governmental Entities (Including Schools)

• If a CMDR has been issued for a property owned or occupied by a governmental entity (such as a school):
  • No individual or entity is liable in a civil lawsuit for deciding to allow occupancy of the property after remediation.
  • This protection applies to the property owner, occupier, or any person authorized to make occupancy decisions.

Important Note for Clients

• These liability protections only apply if a Certificate of Mold Damage Remediation (CMDR) has been issued by a licensed mold assessment consultant in accordance with state law.
• Without a CMDR, property owners do not receive this liability exemption, even if mold work was performed.

Reference: Texas Administrative Code – Mold Assessors and Remediators Rules, §78.92