Sec. 42.049. LIABILITY INSURANCE REQUIRED. (a) A license or registration holder under this chapter shall maintain liability insurance coverage in the amount of $300,000 for each occurrence of negligence. An insurance policy or contract required under this section must cover injury to a child that occurs while the child is on the premises of or in the care of the holder.
(b) A license or registration holder under this chapter shall annually file with the commission a certificate or other evidence from an insurance company showing that the holder has an unexpired and uncancelled insurance policy or contract that meets the requirements of this section.
(c) Should the license or registration holder for financial reasons or for lack of availability of an underwriter willing to issue a policy be unable to secure the insurance required under Subsection (a) or should the policy limits be exhausted, the holder shall timely notify the parent or guardian of each child for whom the holder provides care a written notice that the liability coverage is not provided and there will not be a ground for an administrative penalty or suspension or revocation of the holder's license or registration under this chapter. The holder shall also notify the commission that the coverage is not provided and provide the reason for same. In no case shall the inability to secure coverage serve to indemnify the holder for damages due to negligence.
(c-1) The commission shall prescribe a form that a license or registration holder may use to notify a parent or guardian in accordance with Subsection (c) that liability coverage is not provided. The commission shall post the form on the commission's Internet website.
(d) The insurance policy or contract shall be maintained at all times in an amount as required by this section. Failure by a license or registration holder to renew the policy or contract or to maintain the policy or contract in the required amount is a ground for suspension or revocation of the holder's license or registration under this chapter.
Added by Acts 1993, 73rd Leg., ch. 1002, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1217, Sec. 7, eff. Sept. 1, 1997. Renumbered from Human Resources Code, Sec. 42.0491 and amended by Acts 1997 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 588 (S.B. 568), Sec. 4, eff. September 1, 2019.
Structure Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services
Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services
Subchapter C. Regulation of Certain Facilities, Homes, and Agencies
Section 42.041. Required License
Section 42.0412. Collection of Licensed Day-Care Center Data
Section 42.042. Rules and Standards
Section 42.0421. Minimum Training Standards
Section 42.04215. Safety Training Account
Section 42.0422. Restraint and Seclusion
Section 42.0423. Children's Product Safety for Certain Nonresidential Child-Care Facilities
Section 42.0424. Child Safety Alarms in Vehicles
Section 42.0425. Assessment Services
Section 42.0426. Training of Personnel
Section 42.04261. Other Training of Personnel: Child-Placing Agencies and Day-Care Centers
Section 42.0427. Parental Visitation
Section 42.0428. Policies Addressing Sexual Abuse and Other Maltreatment of Children
Section 42.0429. Safe Sleeping Standards
Section 42.04291. Supervision Standards for Infant During Time Spent on Stomach
Section 42.043. Rules for Immunizations
Section 42.04305. Vaccine-Preventable Disease Policy Required
Section 42.0432. Health Screening Requirements for Child Placed With Child-Placing Agency
Section 42.0433. Suicide Prevention, Intervention, and Postvention Plan
Section 42.0441. Inspection Results for Certain Nonresidential Child-Care Facilities
Section 42.04411. Inspection Results and Exit Conference for Residential Child-Care Facilities
Section 42.04412. Interference With Inspection; Court Order
Section 42.0442. Coordination of Inspections; Elimination of Duplicative Inspections
Section 42.04425. Inspection Information Database
Section 42.0443. Coordination of Fire Safety and Sanitation Inspections
Section 42.04431. Enforcement of State Law by County or Municipality
Section 42.0446. Removal of Certain Investigation Information From Internet Website
Section 42.0447. False Report; Criminal Penalty
Section 42.0448. Notification of Family Violence Calls
Section 42.0449. Required Actions After Notice of Family Violence Call
Section 42.0452. Foster Parent Rights and Responsibilities Statement
Section 42.046. Application for License, Listing, or Registration
Section 42.0461. Public Notice and Hearing: Residential Child Care
Section 42.0462. Waiver of Notice and Hearing Requirements
Section 42.0463. Expansion of Capacity
Section 42.049. Liability Insurance Required
Section 42.0495. Liability Insurance Required for Listed Family Homes
Section 42.050. License Renewal
Section 42.051. Initial License
Section 42.052. Certification, Listing, and Registration
Section 42.0521. Deposit of Fees
Section 42.0522. Public Advertising of Family Homes
Section 42.0523. Listing of Relative Child-Care Providers
Section 42.053. Agency Foster Homes
Section 42.0531. Secure Agency Foster Homes
Section 42.0535. Required Information for Verification
Section 42.0536. Transfer of Agency Foster Home
Section 42.0537. Caregiver Training Requirement
Section 42.0538. Provisional License for Kinship Provider
Section 42.0551. Posting of Employee List
Section 42.056. Required Background and Criminal History Checks; Criminal Penalties
Section 42.0561. Information Relating to Family Violence Reports
Section 42.0562. Information Regarding Certain Group Day-Care Home and Family Home Employees
Section 42.058. Competitive Bidding or Advertising Rules
Section 42.0583. Identifying At-Risk Providers
Section 42.060. Carbon Monoxide Detectors
Section 42.062. Certain Employment and Service Prohibited
Section 42.063. Reporting of Incidents and Violations
Section 42.064. Information Regarding Gang-Free Zones
Section 42.065. Administering Medication
Section 42.066. Required Submission of Information Requested by Court
Section 42.067. Epinephrine Auto-Injectors; Immunity From Liability
Section 42.068. Required Posting of No Trespassing Notice; Criminal Penalty