Texas Agriculture Code - Section 76.111. Applicator Businesses; Proof Of Financial Responsibility
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§ 76.111. APPLICATOR BUSINESSES; PROOF OF FINANCIAL
RESPONSIBILITY. (a) In this section:
(1) "Applicator business" means a person who applies a
state-limited-use or restricted-use pesticide or regulated
herbicide to the land of another for compensation and who:
(A) is a licensed commercial applicator; or
(B) employs at least one licensed commercial
applicator.
(2) "M-44 device" means a nonexplosive,
spring-operated mechanical device designed to deliver a capsule of
sodium cyanide into the mouth of the target animal as a method of
livestock predation control.
(b) This section does not apply to an employee or agent of an
applicator business.
(c) Except as otherwise provided by this section, each
applicator business shall file with the regulatory agency issuing
the license a liability insurance policy, certification of a
policy, or other proof of financial responsibility considered
acceptable by the department protecting persons who may suffer
damages as a result of the operations of the applicator business,
its employees, and its agents.
(d) The proof of financial responsibility required by this
section is not required to apply to damages or injury to
agricultural crops, plants, or land being worked on by the
applicator business, its employees, or its agents.
(e) Except as otherwise provided by this section, the amount
of the proof of financial responsibility may not be less than
$100,000 for each occurrence for property damage and may not be less
than $100,000 for each occurrence for bodily injury or a general
aggregate at a minimum of $200,000 for each occurrence. The head of
a regulatory agency by rule may require different amounts of
coverage for different classifications of operations under this
chapter. Each commercial M-44 applicator license applicant must
provide proof of financial responsibility acceptable to the
department for bodily injury and property damage coverage insuring
the applicator against liability for damage to persons or property
occurring as a result of operations performed in the course of the
application to premises or any other property under the
applicator's care, custody, or control. The department will strive
to set minimum acceptable coverage at an amount that is
economically feasible to applicants. The coverage must at all
times be maintained at not less than the amount set by the agency
head or the Texas Department of Insurance.
(f) The head of a regulatory agency may accept a liability
insurance policy in the proper sum which has a deductible clause in
an amount of not more than $1,000 for the total amount of the
liability insurance policy required by this section. If the
applicator business has not satisfied the requirement of the
deductible amount in any prior legal claim, an agency head may not
accept a policy with a deductible clause unless the applicator
business furnishes the agency with a surety bond that satisfies the
amount of the deductible clause as to all claims that may arise as a
result of the operation of the applicator business.
(g) An applicator business shall cease state-limited-use or
restricted-use pesticide or regulated herbicide application
operations during a period in which the applicator business is
unable to provide adequate proof of financial responsibility under
Subsection (e).
Acts 1981, 67th Leg., p. 1200, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1981, 67th Leg., p. 2590, ch. 693, § 6, eff.
Sept. 1, 1981; Acts 1987, 70th Leg., ch. 223, § 2, eff. May 28,
1987; Acts 1987, 70th Leg., ch. 630, § 1, eff. June 19, 1987;
Acts 1989, 71st Leg., ch. 230, § 95, eff. Sept. 1, 1989; Acts
1997, 75th Leg., ch. 1369, § 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 117, § 1, 2, eff. Sept. 1, 1999.
Section: 76.104 76.105 76.106 76.107 76.108 76.109 76.110 76.111 76.112 76.113 76.114 76.115 76.116 76.117 76.118
Last modified: August 10, 2007
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