Tex. Occ. Code Section 1951.312
Liability Insurance; Exceptions


(a)

The department may not issue or renew a structural pest control business license until the license applicant:

(1)

files with the department a policy or contract of insurance, approved as sufficient by the department, in an amount not less than $200,000 for bodily injury and property damage coverage, with a minimum total aggregate of $300,000 for all occurrences, insuring the applicant against liability for damage to persons or property occurring as a result of operations performed in the course of the business of structural pest control on premises or any other property under the applicant’s care, custody, or control;

(2)

in the case of an applicant who has an unexpired and uncanceled insurance policy or contract on file with the department, files with the department a certificate or other evidence from an insurance company stating that:

(A)

the policy or contract insures the applicant against liability for acts and damage as described in Subdivision (1); and

(B)

the amount of insurance coverage is in the amount approved by the department;

(3)

files with the department a bond, certificate of deposit, or other proof acceptable to the department of sufficient funds in an amount not less than $300,000 for payment of claims of damage to persons or property occurring as a result of operations performed negligently in the course of the business of structural pest control on premises or any other property under the applicant’s care, custody, or control; or

(4)

files with the department evidence satisfactory to the department of coverage under a general liability insurance policy, in an amount not less than $200,000 for bodily injury and property damage coverage, with a minimum total aggregate of $300,000 for all occurrences, if the applicant operates solely as a wood treater who treats wood on commercial property owned by the applicant.

(b)

A structural pest control business license holder shall at all times maintain the insurance policy or contract or the security described by Subsection (a)(3) in the amount approved by the department. Failure to renew the policy or contract or maintain it or the security in the required amount is a ground for suspension or revocation of the license and a violation of this section.

(c)

The department by rule may require different amounts of insurance coverage for different classifications of operations under this chapter.

(d)

The department may adopt insurance requirements for certified noncommercial applicators or technicians.

(e)

An applicant who files proof under Subsection (a)(3) must designate a third party not affiliated with the applicant to handle the processing of damage claims regarding that security.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 4, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 537, Sec. 1, 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 890 (H.B. 2458), Sec. 1.43, eff. September 1, 2007.

Source: Section 1951.312 — Liability Insurance; Exceptions, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1951.­htm#1951.­312 (accessed Jun. 5, 2024).

1951.001
Short Title
1951.002
Definitions
1951.003
Business of Structural Pest Control
1951.004
Direct Supervision
1951.005
Local Regulation of Pesticide Sale or Use
1951.006
Applicability of Fees to Government Employees
1951.007
Applicability of Agriculture Code Licensing Provisions
1951.0021
Structural Pest Control Service
1951.051
Individual Performing Pest Control Work on Own or Employer’s Premises
1951.052
Person Performing Pest Control Work on Person’s Dwelling
1951.053
Person Performing Pest Control Work Otherwise Regulated by Department
1951.054
Person Performing Pest Control Work on Agricultural Land
1951.055
Person Using Pest Control Chemicals for Household Use
1951.056
Beekeepers
1951.057
Falconers
1951.058
Activities Not Involving Pesticides
1951.059
Activities Involving Minimal Risk of Harm
1951.101
Committee Membership
1951.102
Eligibility of Public Members
1951.103
Membership Restrictions
1951.104
Duties of Committee
1951.105
Rules Governing Committee
1951.106
Applicability of Other Law to Committee
1951.201
Sole Licensing Authority
1951.203
Standards and Criteria for Licenses
1951.204
Subpoena Authority
1951.205
Environmental Rules
1951.206
Rules Restricting Advertising or Competitive Bidding
1951.207
Inspection of License Holders
1951.208
Misapplication of Pesticides
1951.209
Availability of Certain Information
1951.210
Pretreatment Inspection Service
1951.211
Consultation with Integrated Pest Management Techniques Expert
1951.212
Integrated Pest Management Programs for School Districts
1951.251
Public Interest Information
1951.252
Complaints
1951.253
Public Participation
1951.254
Public Information Program
1951.255
Enforcement Information
1951.301
Structural Pest Control Business License Required
1951.302
Certified Commercial Applicator’s License
1951.303
Certified Noncommercial Applicator’s License
1951.304
Technician License
1951.305
Application
1951.306
Waiver for Applicant Licensed in Another State
1951.307
License Renewal
1951.308
License Expiration
1951.309
Fee for Initial or Renewal License
1951.312
Liability Insurance
1951.313
Memorandum of Agreement
1951.314
License Not Transferable
1951.315
Continuing Education Requirements
1951.351
Technician Training Program
1951.352
New Developments
1951.353
Fees Related to Training Programs
1951.401
Examination for Certified Applicator’s License
1951.402
Examination for Technician License
1951.403
Examination Fee
1951.404
List of Study Materials and Seminars
1951.405
Examination Results
1951.406
Examination Policy
1951.451
Contract for Pest Control Services
1951.452
Records of License Holder
1951.453
Pest Control Information for Indoor Treatments: Residential Property
1951.454
Pest Control Information for Indoor Treatments: Workplace
1951.455
Pest Control Information for Indoor Treatments: Certain Other Buildings
1951.456
Pest Control Information for Indoor Treatments
1951.457
Pest Control Information for Outdoor Treatments
1951.458
Practice by Noncommercial Applicator or Technician
1951.459
Pest Control Services for Certain Buildings
1951.501
Disciplinary Powers of Commissioner Relating to Structural Pest Control
1951.502
Right to Hearing
1951.503
Judicial Review
1951.504
Settlement of Contested Cases
1951.505
Effect of Revocation
1951.506
Emergency Suspension
1951.601
Enforcement Action for Misapplication of Pesticides
1951.602
Civil Penalty
1951.603
Criminal Penalty

Accessed:
Jun. 5, 2024

§ 1951.312’s source at texas​.gov