(a) Licensing requirements. A person performing mold remediation activities must be licensed as a mold remediation company if the person employs more than one individual required to be registered under §78.56 or licensed under §78.58. A licensed mold remediation company is specifically authorized to employ mold remediation contractors and mold remediation workers who are currently licensed or registered under this chapter to assist in the company's mold remediation activity.
(b) Authorization and conditions. A licensed mold remediation company shall:
  (1) designate one or more individuals licensed as mold remediation contractors as its responsible person(s);
  (2) notify the department in writing of any changes in individual licensed mold remediation contractors as responsible persons within 30 calendar days following the change of the responsible person; and
  (3) perform mold remediation activity only during periods with the active employment of at least one individual licensed mold remediation contractor 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 remediation contractor. To obtain a mold remediation 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 remediation contractor 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 remediation company shall:
  (1) ensure that all employees who will perform mold remediation activities are provided with, fit tested for, and trained in the correct use of personal protective equipment appropriate for the activities to be performed;
  (2) ensure that each person performing mold remediation activities is licensed or registered in accordance with this chapter, as applicable;
  (3) ensure that the training and license or registration of each individual who is required to be licensed or registered to perform mold remediation activities under this chapter are current;
  (4) comply with the requirements under §78.64(f)(2)-(3), (5)-(9), and (11) if the licensee provides mold remediation worker training as authorized in §78.68(d);
  (5) maintain copies of the required training documents in accordance with §78.74(b)(2) if providing mold remediation worker training as authorized in §78.68(d);
  (6) provide to each client a mold remediation work plan for the project at least one calendar day before the mold remediation preparation work begins;
  (7) submit the required notification to the department as described in §78.110; and
  (8) provide to the property owner a completed Certificate of Mold Damage Remediation as specified under §78.150.

Source Note: The provisions of this §78.60 adopted to be effective November 1, 2017, 42 TexReg 4619; amended to be effective September 1, 2018, 43 TexReg 5207