Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION
Subchapter D - LICENSE AND REGISTRATION
Section 296.45 - Insurance Requirements
Universal Citation: 25 TX Admin Code ยง 296.45
Current through Reg. 49, No. 38; September 20, 2024
(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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