This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:44 GMT
(a) Liability insurance. Without limiting any other applicable requirement of law, for purposes of this chapter:(1) Each applicant and licensee who performs asbestos-related activities and who is required under §1954.105(c) of the Act or this subchapter to maintain specified liability insurance as a condition of licensure must meet the insurance and proof requirements of:(A) this section;(B) the sections of this subchapter applicable to each license they hold; and(C) §1954.105(c) of the Act.(2) The required liability insurance for each applicant and licensee must include coverage in the amount of at least $1 million per occurrence.(3) Each applicant and licensee required to have specified liability coverage for work performed for hire must obtain individual coverage, unless covered as required under the insurance of the individual's licensed employer. An applicant or licensee may satisfy applicable liability insurance requirements through coverage under the policy of that person's licensed employer only to the extent that the activities of the applicant or licensee requiring a license are performed on behalf of that employer.(4) Each applicant and licensee must obtain, and submit with any license application, a certificate of insurance issued for the purpose of licensing in accordance with §1954.105(c) of the Act and this subchapter that verifies the liability coverage required under the Act and this subchapter for each license the applicant or licensee holds.(A) A policy for the required liability coverage must be issued by a company or other person that is specifically authorized in Texas, for all relevant purposes, to issue the applicable policy. The applicant or licensee must provide any information requested by DSHS to demonstrate such authority.(B) A governmental or other authorized applicant or licensee that is authorized by law to do so may provide proof of required liability coverage through a form other than a certificate of insurance for purchased insurance if it otherwise meets the requirements of this paragraph.(i) An applicant or licensee that provides proof of required liability coverage under this subparagraph must identify the form of required liability coverage and provide any information requested by DSHS concerning that form and the authority for that form.(ii) An applicant or licensee that is otherwise subject to specific requirements for liability coverage under this subchapter may request a variance from a requirement of this subchapter based upon a demonstrated legal limitation to meeting that requirement, and a demonstrated alternative method for assessing and addressing the risks otherwise addressed by the required liability coverage.(b) Pollution liability insurance. In addition to the liability insurance required by subsection (a)(2) of this section, each asbestos abatement contractor and asbestos transporter applicant and licensee must obtain liability insurance that includes pollution liability coverage for asbestos exposure in the amount of at least $1 million per occurrence.(c) Workers' compensation.(1) An applicant or licensee who is an employer, as defined for purposes of the Texas Labor Code,