1. (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.

2. (b) This chapter does not apply to:

   1. (1) the following activities when not conducted for the purpose of mold assessment or mold remediation:

      1. (A) routine cleaning;
      2. (B) the diagnosis, repair, cleaning, or replacement of plumbing, heating, ventilation, air conditioning, electrical, or air duct systems or appliances;
      3. (C) commercial or residential real estate inspections; and
      4. (D) the incidental discovery or emergency containment of potential mold contamination during the conduct or performance of services listed in this subsection;
   2. (2) the repair, replacement, or cleaning of construction materials during the building phase of the construction of a structure;
   3. (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. (4) a pest control inspection conducted by a person regulated under Chapter 1951; or
   5. (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.

Acts 2025, 89th Leg., R.S., Ch. 493 (S.B. 1255), Sec. 2, eff. September 1, 2025.