- (a) LP-gas licensees or applicants for license shall comply with the minimum amounts of insurance specified in Table 1 of this section. Applicants shall submit a valid certificate of insurance with the Commission before it grants or renews a license, and a valid certificate of insurance shall remain in effect during the entire period that the license is in effect.
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- (b) Certificates of insurance filed with the Commission shall have one of the endorsements specified in Table 1 of this section attached to the policy, and the endorsements shall not be canceled without cancellation of the policy to which they are attached.
- (c) Each endorsement issued and attached to a certificate of insurance requires the insurance carrier, noted as "company" on the certificate of insurance, to give the Commission written notice 30 calendar days before the insurance cancellation. The 30-day notice commences to run from the date the notice is actually received by the Commission.
- (d) A licensee or applicant for a license that does not employ or contemplate employing any employee in LP-gas activities may file LPG Form 996B in lieu of a certificate of workers' compensation, including employer's liability insurance, or alternative accident and health insurance coverage. The licensee or applicant for license shall file the required insurance certificate with the Commission before hiring any person as a dealership employee.
- (e) A licensee, applicant for a license, or an ultimate consumer that does not operate or contemplate operating a motor vehicle equipped with an LP-gas cargo container or does not transport or contemplate transporting LP-gas by vehicle in any manner may file LPG Form 997B in lieu of a certificate of motor vehicle bodily injury and property damage insurance, if this certificate is not otherwise required. The licensee or applicant for a license shall file the required insurance certificate with the Commission before operating a motor vehicle equipped with an LP-gas cargo container or transporting LP-gas by vehicle in any manner.
- (f) A licensee or applicant for a license that does not engage in or contemplate engaging in any LP-gas operations that would be covered by completed operations or products liability insurance, or both, may file LPG Form 998B in lieu of a certificate of completed operations and/or products liability insurance. The licensee or applicant for a license shall file the required insurance certificate with the Commission before engaging in any operations that require completed operations and/or products liability insurance.
- (g) A licensee or applicant for a license that does not engage in or contemplate engaging in any operations that would be covered by general liability insurance may file LPG Form 998B in lieu of a certificate of general liability insurance. The licensee or applicant for a license shall file the required insurance certificate with the Commission before engaging in any operations that require general liability insurance.
- (h) 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.
- (i) A state agency or institution, county, municipality, school district, or other governmental subdivision shall meet the requirements of this section for workers' compensation, general liability, and/or motor vehicle liability insurance by filing LPG Form 995 with the Commission as evidence of self-insurance, if permitted by the Texas Labor Code, Title 5, Subtitle C, and Texas Natural Resources Code, §113.097.
Source Note:The provisions of this §9.26 adopted to be effective February 1, 2001, 26 TexReg 947.