2023 Texas Statutes › Natural Resources Code › Title 3 - Oil and Gas › Subtitle D - Regulation of Specific Businesses and Occupations › Chapter 113 - Liquefied Petroleum Gas › Subchapter D. Licensing and Registration › Section 113.097. Insurance Requirement

Sec. 113.097.  INSURANCE REQUIREMENT.  (a)  The commission shall not issue a license authorizing LP-gas activities or renew an existing license unless the applicant for license or license renewal provides proof of required insurance coverage with an insurance carrier authorized to do business in this state as evidenced by a certificate of authority having been issued to the carrier by the Texas Department of Insurance or, if the applicant is unable to obtain coverage from such a carrier, provides, on approval of the commission, proof of required insurance coverage issued by a surplus lines insurer that meets the requirements of Chapter 981, Insurance Code, and rules adopted by the commissioner of insurance under that chapter.
(b)  A licensee may not perform an LP-gas activity licensed by the commission unless the insurance coverage required by this chapter is in effect.
(c)  Except as provided in Section 113.099, the types and amounts of insurance provided in Subsections (d) through (i) are required while engaged in an LP-gas activity licensed by the commission or any activity incidental thereto.
(d)  A person licensed to transport LP-gas must carry motor vehicle bodily injury and property damage liability coverage on each motor vehicle, including trailers and semitrailers, used to transport LP-gas.  The commission shall establish by rule a reasonable amount of coverage to be maintained, except that coverage may not be less than the amounts required as evidence of financial responsibility under Chapter 601, Transportation Code.
(e)  All licensees must carry general liability coverage in a reasonable amount, based on the type or types of licensed activities, which shall be established by commission rule.
(f)  A licensee, other than a licensee operating a portable cylinder exchange service, must acquire and maintain appropriate workers' compensation or coverage for its employees under policies of work-related accident, disability, and health insurance, including coverage for death benefits, from an insurance carrier authorized to provide coverage in this state, in the amounts required by the commission.
(g)  Notwithstanding Subsection (f) of this section, a state agency or institution, county, municipality, school district, or other governmental subdivision may submit appropriate evidence of workers' compensation coverage by self-insurance if permitted by the state workers' compensation act.  The commission may require forms of evidence of coverage for this purpose other than that required under Section 113.098 of this code.
(h)  As required by commission rule, a person registered under Section 113.0815 or licensed as a transport outfitter, carrier, retail and wholesale dealer, or testing laboratory must carry completed operations or products liability insurance, or both, in a reasonable amount, based on the type or types of registered or licensed activities.
(i)  The commission by rule may exempt or provide reasonable alternatives to the insurance requirements set forth in Subsections (a) through (e) and (h) of this section for a state agency or institution, county, municipality, school district, or other governmental subdivision.
(j)  The commission by rule may exempt from the insurance requirements of this section or adopt a reasonable alternative to those requirements for:
(1)  a master or journeyman plumber licensed by the Texas State Board of Plumbing Examiners;  or
(2)  a person licensed under Chapter 1302, Occupations Code.
(k)  The commission by rule may allow a licensee to self-insure under Subsection (d), (e), or (f) and by rule shall establish standards for that self-insurance.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980;  Acts 1987, 70th Leg., ch. 325, Sec. 7, eff. June 11, 1987;  Acts 1987, 70th Leg., ch. 1050, Sec. 2, eff. June 19, 1987;  Acts 1989, 71st Leg., ch. 533, Sec. 5, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 14.01, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 725, Sec. 8, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 1016, Sec. 6, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 239, Sec. 6, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 66, Sec. 4, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 165, Sec. 30.229, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 611, Sec. 3, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1233, Sec. 43, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.538, 14A.799, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 56 (H.B. 2714), Sec. 10, eff. September 1, 2019.
Sec. 113.098.  INSURANCE CONDITIONS.  (a)  As evidence that required insurance has been secured and is in force, certificates of insurance which are approved by the commission shall be filed with the commission before licensing, license renewal, and during the entire period that the license is in effect.  Any document filed with the commission in a timely manner which is not completed in accordance with the instructions indicated on the insurance certificate forms supplied by the commission, but which complies with the substantive requirements of this section and with the rules adopted under this section may be considered by the commission to be evidence that required insurance has been secured and is in force for a temporary period not to exceed 45 days.  During this temporary period, a licensee shall file with the commission an amended certificate of insurance which complies with all procedural and substantive requirements of this section and the rules adopted hereunder.
(b)  All certificates filed under this section shall be continuous in duration.
(c)  Cancellation of a certificate of insurance becomes effective on the occurrence of any of the following events and not before:
(1)  commission receipt of written notice stating the insurer's intent to cancel a policy of insurance and the passage of time equivalent to the notice period required by law to be given the insured before the insurance cancellation;
(2)  receipt by the commission of an acceptable replacement insurance certificate;
(3)  voluntary surrender of a license and the rights and privileges conferred by the license;
(4)  commission receipt of a statement made by a licensee stating that the licensee is not actively engaging in any operations which require a particular type of insurance and will not engage in those operations unless and until all certificates of required insurance applicable to those operations are filed with the commission;  or
(5)  written order of commission.
(d)  Cancellation under Subsection (c) of this section shall not become effective until approved by the commission.
Amended by Acts 1979, 66th Leg., p. 2031, ch. 799, Sec. 1, eff. Sept. 1, 1980;  Acts 1987, 70th Leg., ch. 325, Sec. 8, eff. June 11, 1987;  Acts 1991, 72nd Leg., ch. 725, Sec. 9, eff. Aug. 26, 1991;  Acts 2001, 77th Leg., ch. 1233, Sec. 44, eff. Sept. 1, 2001.