(a) The Commission shall require the applicant to submit at the time of permit application, a certificate certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operation for which the permit is sought. The certificate shall provide for personal injury and property damage protection in an amount adequate to compensate all persons injured or property damaged as a result of surface coal mining and reclamation operations, including use of explosives and damage to water wells, and entitled to compensation under the applicable provisions of state law. Minimum insurance coverage for bodily injury shall be $500,000 for each occurrence and $1,500,000 aggregate; and minimum insurance coverage for property damage shall be $500,000 for each occurrence and $1,000,000 aggregate.
(b) The policy shall be maintained in full force during the life of the permit or any renewal thereof and until all surface coal mining and reclamation operations under this chapter (relating to Coal Mining Regulations) have been completed.
(c) The policy shall include a rider requiring that the insurer notify the Commission whenever substantive changes are made in the policy, including any termination or failure to renew.
(d) The Commission may accept from the applicant, in lieu of a certificate for a public liability insurance policy, satisfactory evidence from the applicant that it satisfies Texas self-insurance requirements and the requirements of this section. The Commission may, upon the request of an applicant that is self-bonded or determined to be eligible for self-bonding under §12.309(j)(2) of this title (relating to Terms and Conditions of the Bond), consider such applicant to meet the self-insurance requirements of this subsection.

Source Note: The provisions of this §12.311 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective October 22, 2012, 37 TexReg 8293