1. (a) At all times during the certification period, a certified and insured prescribed burn manager must maintain liability insurance coverage that insures the certified and insured prescribed burn manager for damages to any persons or any property occurring as a result of prescribed burning activities conducted under Natural Resources Code, Chapter 153, and the rules adopted thereunder, in the following minimum amounts:

   1. (1) at least $1 million of liability coverage for each single occurrence of bodily injury to or destruction of property; and
   2. (2) a policy period minimum aggregate limit of at least $2 million.
2. (b) Documentation of any conditions, endorsements, exceptions or limitations to the liability insurance policy must be must be disclosed to the Board or its designee.

3. (c) The following is considered valid documentation to demonstrate proof of coverage:

   1. (1) certificate of insurance from an insurance company, including the declaration page and detailed policy information; or
   2. (2) a document approved by the Board.

4. (d) In lieu of a liability insurance coverage policy, a certified and insured prescribed burn manager sponsored by a governmental unit may submit proof of minimum coverage requirements through a self-insurance program that meets the minimum coverage requirements of subsection (a) of this section. The governmental unit must submit:

   1. (1) a certificate of self-insurance; or
   2. (2) a letter certifying the existence of a fund or program of the governmental unit.
5. (e) By December 31 annually, each certified and insured prescribed burn manager must submit proof of minimum coverage requirements demonstrating compliance with the requirements set forth in subsection (a) or (d) of this section.
6. (f) A certified and insured prescribed burn manager must immediately notify the Department in writing in the event of a change, reduction, lapse, or cancellation of liability insurance coverage. If liability insurance coverage lapses or falls below the minimum requirements set forth in subsection (a) of this section, the certification may be suspended or revoked, in accordance with the procedures set forth in Title 4, Part 1, Chapter 4, Subchapter A of this title (relating to Enforcement, Investigation, Penalties and Procedures).

Source Note:The provisions of this §227.1 adopted to be effective March 30, 2014, 39 TexReg 2279.