SECTION 227.1. Minimum Insurance Requirements

(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) at least $1 million of liability coverage for each single occurrence of bodily injury to or destruction of property; and

(2) a policy period minimum aggregate limit of at least $2 million.

(b) Documentation of any conditions, endorsements, exceptions or limitations to the liability insurance policy must be disclosed to the Board and the Department.

(c) To demonstrate proof of coverage, a certificate of insurance from an insurance company or the declaration page including detailed policy information are considered valid documentation.

(d) In lieu of a liability insurance coverage policy, a certified and insured prescribed burn manager sponsored or employed 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) a certificate of self-insurance; or

(2) a letter certifying the existence of a fund or program of the governmental unit.

(e) Annually, each certified and insured prescribed burn manager must submit proof of minimum coverage requirements demonstrating compliance with the requirements set forth in subsections (a) or (d) of this section.

(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.

Source Note: The provisions of this §227.1 adopted to be effective March 30, 2014, 39 TexReg 2279; amended to be effective May 25, 2023, 48 TexReg 2569