Questions to ask
1. What can you show me to prove you’re an established local painting company, since Texas doesn’t license painters?
Why it matters: The Texas Department of Licensing and Regulation (TDLR) licenses many trades, but painting is not on its list of licensed programs (TDLR: Programs licensed and regulated). A painter who claims a “state painting license” is claiming something that does not exist. The Texas Attorney General’s consumer guidance says to choose a contractor with an established physical address, get more than one written bid with detail about exactly what will be done, seek references and ask to see completed work, and be wary of a low-ball bidder whose price is far below everyone else’s (Texas AG: How to avoid home improvement scams). Ask how long the company has had a Houston-area office, drive by it if you can, and check references from recent local jobs. A city business license, a yard sign, or a paint-store “pro” account is not a substitute for that vetting.
2. Can I see current certificates for general liability insurance and workers’ compensation, and may I call the insurer to confirm them?
Why it matters: Because Texas does not license painters, there is no state board that forces a painter to carry insurance before bidding your job. Painting involves ladders, scaffolds, and scraping, so ask for a certificate of general liability insurance and proof of workers’ compensation before anyone starts, and call the companies listed to confirm the coverage is current. Texas generally lets private employers choose whether to carry workers’ compensation, so a certificate that says “nonsubscriber” or that covers only the owner is a different risk than a policy that covers a crew — ask who will be on your job and whether every person is the contractor’s employee. An uninsured worker injured on your property can pull you into the dispute.
3. Was my home built before 1978, and if so, is your firm EPA lead-safe certified?
Why it matters: Federal rules require firms that disturb lead-based paint in homes built before 1978 to be EPA (or authorized-state) certified and to use lead-safe work practices. The EPA’s Renovation, Repair and Painting (RRP) rule covers paid work that disturbs more than 6 square feet of paint inside a room or more than 20 square feet on the exterior, plus window replacement and demolition of painted surfaces (see EPA: Lead Renovation, Repair and Painting Program and the EPA RRP rule FAQ). Scraping, sanding, and heat-stripping old paint on a mid-century Houston bungalow is exactly the kind of work it covers. Texas does not run its own authorized RRP program, so certification runs through the EPA. Ask the painter to show the firm’s EPA certification, to name the certified renovator who will supervise, and to explain containment, cleanup, and how paint chips will be handled. The firm must give you EPA’s Renovate Right pamphlet before work starts. EPA also keeps a tool for finding lead-safe certified firms. Dry sanding with no containment is the practice to refuse.
4. Does any part of my job need a permit, and how do you handle exterior washing and prep?
Why it matters: Inside Houston city limits, ordinary painting is on the City’s list of work exempt from a building permit. The City’s residential code amendments treat “painting, tarping, wallpapering, tiling, carpeting, cabinets, and counter tops repair and replacement and similar finish work” as minor repair and maintenance that does not need a permit (City of Houston 2021 Residential Code amendments, R105.2; see also the Houston Permitting Center’s residential one-stop guidance and storm-damage repair tips listing painting among work that does not require a permit: Houston Permitting Center). Exempt work still has to meet code, and the property owner is responsible for that. Other work that often rides along with a repaint — drywall or fascia repair beyond the City’s small square-footage exemptions, window replacement, wall changes, or abrasive blasting that goes beyond ordinary finish work — may need its own review, so get the answer in writing and name who pulls any permit. Outside Houston city limits, confirm the permitting authority for your exact address rather than assuming Houston’s exemption applies; in unincorporated Harris County check with the Harris County Office of the County Engineer. Also tell the painter about any HOA or deed-restriction color rules before colors are chosen.
5. Is my house in a Houston historic district, and do I need approval for exterior paint?
Why it matters: Unlike some California HPOZs, the City of Houston’s historic-preservation materials list paint colors and paint on previously painted surfaces among items exempt from Certificate of Appropriateness (COA) review (Houston Office of Preservation: What’s exempt from regulation (PDF)). The Houston Heights design guidelines say paint colors generally do not need a COA or building permit, but painting unpainted brick is not permitted without a COA because paint can trap moisture and cover character-defining masonry; previously painted masonry and non-masonry surfaces can be painted without a COA (Houston Heights Design Guidelines, Section 8 (PDF); see also the City’s Historic Preservation plan-a-project page, which defines painting unpainted masonry as an alteration). Check whether your parcel is in a historic district before you assume any review applies, ask your painter whether they have worked in your district, and how they will treat unpainted brick or block. Avoid sandblasting or other high-pressure abrasive methods the guidelines discourage. Painting without a needed COA for work that does change exterior materials can still mean being asked to undo it.
6. Exactly which products will you use — brand, product line, sheen, number of coats — and will you give me the product data sheets?
Why it matters: “Premium paint” is not a specification. Ask for the manufacturer, product line, sheen, color, and coat count for each surface, and ask for the product data sheet and the labeled VOC content. For the Houston-Galveston-Brazoria area, 30 TAC §115.427(3) excludes architectural coatings applied in the field to stationary structures and their appurtenances from the VOC emission calculations described in that surface-coating exemption. This is a calculation exclusion, not a blanket exemption from all paint-product rules. Federal architectural-coating VOC standards also apply to covered manufacturers and importers, with specified exceptions (40 CFR Part 59, Subpart D). Check the product label and data sheet — a painter who won’t name the product, or who plans to thin it past the label, is a problem for indoor air and for your warranty. Also ask who buys the paint, and make sure the written quote says whether the paint cost is included. For Gulf Coast exteriors, ask which products the painter recommends for humidity, mildew resistance, and chalking surfaces, and get that choice in writing.
7. Is the quote based on a site visit, and does it list each room or exterior side, the repairs, and the prep separately?
Why it matters: Photos and square-foot guesses miss ceiling height, chalking stucco, rotted fascia, mildew, and the number of coats needed to cover a dark color under Houston sun and humidity. An itemized, visit-based quote lets you compare bids on the same scope and reduces change orders later. It should state the surfaces to be painted, what will be washed, scraped, sanded, patched, caulked, and primed, which items stay unpainted, how furniture, floors, plants, and landscaping will be protected, and who handles minor repairs. For exteriors, also ask how the painter plans around heat, afternoon storms, and high humidity — adhesion fails when coats are rushed onto hot, wet, or damp surfaces — and get weather-delay language in the contract. If one bid is far below the rest, find out which prep step it quietly dropped before you sign.
8. What will be in the written contract, and what happens if I change my mind?
Why it matters: The Texas Attorney General says not to sign a contract with blanks in it, not to let anyone rush you, to insist on a written contract that states what the contractor will do, when work starts and finishes, and the cost of materials, and to get and keep copies of everything you sign (Texas AG: How to avoid home improvement scams). For homestead improvements, Texas also requires a boldface notice that you and your contractor are responsible for meeting the contract and that failing to meet its terms can put your ownership rights at risk; the AG warns that signing that language can allow a contractor’s lien on the homestead if you don’t pay. Ask that the contract name the exact products, sheens, and colors from your quote, say who removes debris and cleans up, and require every change in writing, with its price, before the work happens. When a sale is solicited and signed at your home rather than at the seller’s place of business, Texas generally lets you cancel until midnight of the third business day after you sign, and the seller must give you a copy of the contract with a completed cancellation form attached (Texas Bus. & Com. Code ch. 601; see also 16 CFR 429.1).
9. How do you want to be paid, and will I get a final bills-paid affidavit and lien releases?
Why it matters: The Texas AG says not to pay in full until the work is complete and you have inspected it, and that a partial-payment schedule should specify what part of the job is done when each payment is due. Pay by check or card to the company named in the contract, not cash, gift cards, or cryptocurrency. Texas Property Code chapter 53 also tells the owner to hold back ten percent of the contract price until thirty days after the work is complete, requires the contractor to give you a final bills-paid affidavit as a condition of final payment, and limits when a lien waiver counts: a waiver is enforceable only if it substantially follows a statutory form, the claimant has actually been paid in full, or it meets the statute’s other narrow exceptions; an unconditional waiver can only be required once the payment has actually been received (Texas Property Code ch. 53, §§53.101, 53.259, 53.281–53.284, including §53.282(a)). Ask how the painter handles retainage, and match any lien notices you receive from suppliers against the releases you collect. Hold the last payment until you have walked the job in good light, listed the touch-ups, and seen them done.
10. Who are your material suppliers and subcontractors, and will you provide the Texas residential disclosures before I sign?
Why it matters: Texas requires the contractor on a residential job to give you a “Know Your Rights and Responsibilities” disclosure statement before you sign the contract, and to give you a list of the subcontractors and suppliers it plans to use before work starts, with updates as they change; you don’t have to waive that list. If the house is your homestead, a contractor’s lien requires a written contract signed before the work begins, by both spouses if you’re married, and filed with the county clerk (Texas Property Code ch. 53, §§53.254–53.256). The AG also notes that if a subcontractor or supplier who furnishes labor or materials is not paid, the property may be subject to a lien even when you did not hire that person directly — so keep the sub list, and collect releases as you pay. Ask for the brand and product line, prep and disposal, cleanup, and both the manufacturer and workmanship warranties to be written into that contract.
11. What does your warranty cover, and who handles cleanup and leftover paint?
Why it matters: Peeling, blistering, mildew bleed-through, and early fading usually trace back to prep or the wrong product under Gulf Coast humidity, so ask what the workmanship warranty covers, how long it lasts, and how to make a claim, and get it in writing. Ask for a finish schedule listing every color, sheen, and brand, plus a labeled can of each color for touch-ups. Also settle who removes drop cloths, scraped paint, and old cans. Texas does not participate in PaintCare’s statewide paint-stewardship program; leftover household paint should not go in your trash. For household waste, City of Houston residents can take latex and oil-based paint to a Solid Waste Management Environmental Service Center (ESC South or ESC North), within the City’s published volume limits and with proof of address (City of Houston: Environmental Service Centers). Do not assume a resident household drop-off service accepts a contractor’s business waste; confirm an appropriate disposal outlet separately. Your contract should say the painter takes unusable paint and debris away lawfully, not leave it in your trash cans, a storm drain, or a ditch.
Red flags
- Claims a Texas “painting license” you can’t find on TDLR’s licensed-programs list, or can’t show a physical Houston-area office and local references.
- Won’t give you insurance certificates or won’t let you call the insurer to confirm them.
- A crew with no workers’ comp explanation, or “I work alone” while several people show up.
- Your house was built before 1978 and the painter says lead rules don’t apply, can’t show EPA lead-safe certification, or plans to dry-sand or heat-strip old paint with no containment.
- Says a Houston historic-district color review is always required when the City’s exempt list says paint colors are exempt — or plans to paint unpainted brick without checking whether a COA is needed.
- Won’t name the paint brand, product line, or sheen, or won’t show a product data sheet.
- A quote far below the others with no itemized prep, or a “this week only” door-to-door price.
- Wants cash, a gift card, crypto, a check made out to an individual, or full payment before the work is done.
- Door-to-door pitch with pressure to sign today, or a contract with no cancellation notice.
- Asks you to sign a blank contract, waive the subcontractor list, or sign an unconditional release before you’ve paid for the work it covers.
- No written warranty, and no plan for leftover paint, debris, or touch-up cans.
Next-step checklist
- Check each painter’s Houston-area address, references, and complaint history; remember TDLR does not license painters.
- Get certificates of liability insurance and workers’ compensation and call the insurers to confirm them.
- Find out the year your home was built; if it was before 1978, ask for the firm’s EPA lead-safe certification and the Renovate Right pamphlet.
- Confirm your jurisdiction (City of Houston, another area city, or Harris County), whether any non-paint part of the job needs a permit, and check HOA or deed-restriction color rules if they apply; look up historic-district status if your neighborhood may be designated.
- Get at least three written, site-visit bids for the same scope: surfaces, prep, repairs, products, sheens, coats, protection, weather plan, and cleanup.
- Ask for the paint brand, product line, sheen, and product data sheet in writing.
- Sign a contract with start and completion dates, total price, payment stages, product specs, the homestead notice if it applies, and a cancellation form for home-solicitation sales; use signed change orders for anything added.
- Pay by check or card to the company named in the contract, keep payments behind the work, hold statutory retainage, and collect a bills-paid affidavit plus statutory lien waivers.
- Keep the contract, color schedule, product sheets, certificates, releases, warranty, photos, and a labeled can of each color; arrange lawful leftover-paint disposal through a City ESC or another lawful outlet.
Sources