(a) Licensing requirements. A person performing mold assessment activities must be licensed as a mold assessment company if the person employs more than one individual required to be licensed under §78.50 or §78.52.
(b) Authorization and conditions. A licensed mold assessment company shall:
  (1) designate one or more individuals licensed as mold assessment consultants as its responsible person(s);
  (2) notify the department in writing of any changes in individual licensed mold assessment consultants as responsible persons within 30 calendar days following the change of the responsible person;
  (3) perform mold assessment activity only during periods with the active employment of at least one individual licensed mold assessment consultant designated as the responsible person for the company;
  (4) not transfer the license to any other person, including to any company that has bought the licensed entity;
  (5) apply for a name change on the license within 30 calendar days after a change in name only; and
  (6) obtain a new license before performing any mold-related activities when the transfer of a licensed person occurs.
(c) Eligibility for licensing. To be eligible for licensing, a person must employ at least one licensed mold assessment consultant. To obtain a mold assessment company license, a person must:
  (1) comply with the requirement for insurance coverage under §78.40; and
  (2) pay the fee required under §78.80.
(d) Applications. Unless otherwise indicated, an applicant must submit all required information and documentation on department-approved forms or in a manner specified by the department. In addition to fulfilling the requirements in §78.21, an applicant must submit the following required documentation:
  (1) proof of compliance with the insurance requirement for licensees specified in §78.40;
  (2) the name, address, and occupation of each person that has an ownership interest of 10% or more in the applicant; and
  (3) the name and license number of each licensed mold assessment consultant designated by the applicant as a responsible person.
(e) Responsibilities. In addition to the requirements of §78.70 and all other applicable responsibilities in this chapter, a licensed mold assessment company shall:
  (1) provide each client with a mold assessment report following an initial (pre-remediation) mold assessment. If the company includes the results of the initial assessment in a mold remediation protocol or a mold management plan, a separate assessment report is not required;
  (2) provide each client a mold remediation protocol at least one calendar day before a mold remediation project begins;
  (3) utilize the services of a laboratory that is licensed by the department to provide analysis of mold samples;
  (4) ensure that all employees who will perform mold assessment activities are provided with, fit tested for, and trained in the correct use of personal protective equipment appropriate for the activities to be performed;
  (5) ensure that each person performing mold assessment activities is licensed in accordance with this chapter, as applicable;
  (6) ensure that the training and license of each employee who is required to be licensed under this chapter are current;
  (7) if the company performs post-remediation assessment on a project and ceases to be involved with the project before it achieves clearance, provide a final status report to the client and to the mold remediation contractor or company performing mold remediation work for the client as specified under §78.140(e); and
  (8) provide a passed clearance report to the client as specified under §78.140(d) and provide a Certificate of Mold Damage Remediation, with applicable sections completed by a mold assessment consultant, to a mold remediation company or contractor, as specified under §78.150(b).

Source Note: The provisions of this §78.54 adopted to be effective November 1, 2017, 42 TexReg 4619