16 Tex. Admin. Code § 13.62 - Insurance Requirements
(a) A licensee
or registered manufacturer shall not perform any activity authorized by its
license or registration under §
13.61 of this title (relating to
License Categories, Container Manufacturer Registration, Fees, and Application
for Licenses, Manufacturer Registrations, and Renewals) unless insurance
coverage required by this section is in effect. CNG licensees, registered
manufacturers, or applicants for license or manufacturer registration shall
comply with the minimum amounts of insurance specified in Table 1 of this
section, with the self-insurance requirements in §
13.63 of this title (relating to
Self-Insurance Requirements), or the irrevocable letter of credit requirements
in §
13.64 of this title (relating to
Irrevocable Letter of Credit), if applicable. Registered manufacturers are not
eligible for self-insurance. Before AFS grants or renews a manufacturer
registration, an applicant for manufacturer registration shall submit the
documents required by paragraph (1) of this subsection. Before AFS grants or
renews a license, an applicant for license shall submit:
(1) an insurance
AcordT form or any other form approved by the Texas
Department of Insurance that has been prepared and signed by the insurance
carrier containing all required information. The forms must be issued by an
insurance company authorized or accepted by the Texas Department of
Insurance;
(2) properly completed
documents demonstrating the applicant's compliance with the self-insurance
requirements in §
13.63 of this title; or
(3) properly completed documents
demonstrating the applicant's compliance with the irrevocable letter of credit
requirements in §
13.64 of this title.
(b) A licensee, applicant for
license, or an ultimate consumer that does not operate or contemplate operating
a motor vehicle equipped with a CNG cargo container or does not transport or
contemplate transporting CNG by vehicle in any manner may file CNG Form 1997B
in lieu of filing motor vehicle bodily injury and property damage insurance
form, if this certificate is not otherwise required. The licensee or applicant
for a license shall file the required insurance form with AFS before operating
a motor vehicle equipped with a CNG cargo container or transporting CNG by
vehicle in any manner.
(c) A
licensee, registered manufacturer, or applicant for a license or manufacturer
registration that does not engage in or contemplate engaging in any activities
that would be covered by general liability insurance may file CNG Form 1998B in
lieu of filing a general liability insurance form. The licensee, registered
manufacturer, or applicant for a license or manufacturer registration shall
file the required insurance form with AFS before engaging in any activities
that require general liability insurance.
(d) A licensee or applicant for license that
does not employ or contemplate employing anyone to be engaged in CNG related
activities in Texas may file CNG Form 1996B in lieu of filing a workers'
compensation insurance form, including employer's liability insurance or
alternative accident and health insurance coverage. The licensee or applicant
for a license shall file the required insurance form with AFS before hiring any
person as an employee engaged in CNG related work.
(e) A licensee, registered manufacturer, or
applicant for a license or manufacturer registration that does not engage in or
contemplate engaging in any CNG activities that would be covered by completed
operations or products liability insurance, or both, may file CNG Form 1998B in
lieu of a completed operations and/or products liability insurance form. The
licensee, registered manufacturer, or applicant for a license or manufacturer
registration shall file the required insurance form with AFS before engaging in
any activities that require completed operations and/or products liability
insurance.
(f) A licensee may
protect its employees by obtaining accident and health insurance coverage from
an insurance company authorized to write such policies in this state as an
alternative to workers' compensation coverage. The alternative coverage shall
be in the amounts specified in Table 1 of this section.
(g) Each licensee or registered manufacturer
shall file CNG Form 1999 or other written notice with AFS at least 30 calendar
days before the cancellation of any insurance coverage. The 30-day period
commences on the date the notice is actually received by AFS.
(h) Each licensee or registered manufacturer
shall promptly notify AFS of any change in insurance coverage or insurance
carrier by filing a revised AcordïT" form; other form approved by the
Texas Department of Insurance that has been prepared and signed by the
insurance carrier containing all required information; or documents
demonstrating the applicant's compliance with the self-insurance requirements
set forth in §
13.63 of this title. Failure to
promptly notify AFS of a change in the status of insurance coverage or
insurance carrier may result in an enforcement action and an administrative
penalty.
(i) A state agency or
institution, county, municipality, school district, or other governmental
subdivision may meet the requirements of this section for workers'
compensation, general liability and/or motor vehicle liability insurance. The
requirements may be met by submitting evidence of self-insurance that complies
with the requirements of §
13.63 or §
13.64 of this title. CNG Form 1995
may be filed as evidence of self-insurance, if self-insurance is permitted by
the Texas Labor Code, Title 5, Subtitle C, and Texas Natural Resources Code,
§
116.036.
Notes
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