| (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, Title 5, Subtitle A
(relating to Texas Workers' Compensation Act) and who is not otherwise
required by law to have workers' compensation insurance must, for
purposes of this chapter, have and provide proof with the license
application of workers' compensation insurance, except as otherwise
provided under this paragraph. If an applicant is otherwise required
by law to have workers' compensation insurance, the applicant must
verify such insurance at the time of license application, as required
under paragraph (2) of this subsection.
(A) Proof of workers' compensation insurance is not
required if an applicant or licensee who certifies that the individual
or entity will not use the applicable license for any activity for
which workers' compensation insurance is required by the owner of
a public building, or by the specifications and plans for the asbestos-related
activity. Such certification may be utilized when a person applies
for a license or renews it for a term during which the person will
not utilize the license.
(B) If, during the license term of a licensee who has
made a certification under subparagraph (A) of this paragraph, the
licensee engages in asbestos-related activity with respect to a public
building for which its owner requires workers' compensation insurance,
or for which the specifications and plans for the asbestos-related
activity require workers' compensation insurance, the licensee must
submit the proof of workers' compensation insurance required under
this subsection.
(2) Verification of workers' compensation required
under paragraph (1) of this subsection must be provided to DSHS with
an applicant or licensee's application in the following form:
(A) proof of workers' compensation insurance for asbestos-related
activities performed in Texas and issued in compliance with Texas
law on the appropriate form; or
(B) proof of self-insurance authorized in accordance
with the Texas Workers' Compensation Act or Texas Labor Code, Title
5, Subtitle C (relating to Workers' Compensation Insurance Coverage
for Certain Government Employees);
(i) an applicant or licensee other than a governmental
entity must submit proof of self-insurance approval from the applicable
authority; or
(ii) a governmental entity that self-insures must submit
any documentation requested by DSHS to verify its self-insurance status
in accordance with applicable authority.
(d) Policy cancellation notification. The licensee
must notify DSHS at least 10 days before the effective date of a policy
cancellation by the licensee or the insurance company. The licensee
must promptly replace the policy without lapse in coverage and submit
the proof required under this section for the applicable coverage.
(e) Policy expiration. Before a policy expires, the
licensee must promptly replace or renew the policy without lapse in
coverage and must submit the proof required under this section for
the applicable coverage.
(f) A licensee must not engage in an asbestos abatement
activity or asbestos-related activity in a public building if not
insured in accordance with §1954.105(c) of the Act and this section.
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