- (a) Companies with 26 or more vehicles owned and registered in their name, and who meet the minimum financial qualifications may apply for a self-insurance certificate by submitting a completed application for self-insurance.
(b) The application for self-insurance includes:
(1) a department application form which:
- (A) must be fully completed,
- (B) provide past claim history,
- (C) contact information, and
- (D) information concerning claim procedures.
- (2) the applicant company's financial statement which must be in the form of an audit by an independent Certified Public Accountant completed within 1 year from the date the application is filed with the department, and
- (3) any other documentation required by the department to make a determination as to the company's ability to satisfy claims.
(c) The department will base its determination of the applicant's ability to pay claims on the following:
- (1) a review of the financial statements submitted to determine if cash, marketable securities, and accounts receivable equal the normal monthly operating expenses plus a sum of $255,000. The $255,000 represents that amount needed to satisfy three $85,000 claims arising from traffic crashes,
- (2) information supplied on the application regarding past claim history, and
- (3) other information provided by the applicant demonstrating the ability to satisfy claims.
(d) The certificate issued by the department:
(1) will be issued to the individual entity named on the vehicle registration only.
- (A) if two entities are named, both entities can be named on the certificate.
- (B) all named parties must have submitted the required financial statements.
- (2) will contain information regarding the claim process, and
- (3) will be an agreement, signed by an authorized agent of the entity seeking self insurance, stating the self-insurer will pay the same judgments in the same amount as an insurer would be obligated to pay under an owner's motor vehicle liability insurance policy up to $85,000 per crash.
- (e) Self-insurance certificates are issued for 36 months. To maintain continuous certification, applications for renewal of a self-insurance certificate must be submitted within 90 days of the expiration date of the current certificate.
Source Note:The provisions of this §25.7 adopted to be effective June 22, 2004, 29 TexReg 5946; amended to be effective October 15, 2008, 33 TexReg 8545; amended to be effective July 18, 2012, 37 TexReg 5320.