Untitled Texas Attorney General Opinion ( 1976 )

THE WNE ENERAL
OF TEXAS
The Honorable Charlie Chapman Opinion No. H-888
Executive Director
Structural Pest Control Board Re: Security required of
313 East Anderson Lane Structural Pest Control
Austin, Texas 78752 Business Licenses.
Dear Mr. Chapman:
You have asked about the sufficiency of certificates of
insurance submitted by license applicants pursuant to section
7A of the Structural Pest Control Act, article 13513-6, V.T.C.S.
That section reads:
Sec. 7A. (a) After February 29, 1976,
the board may not issue or renew a Structural
Pest Control Business License until the
license applicant:
(1) files with the board a policy or
contract of insurance approved, as to
sufficiency, by the board in an amount of
not less than $30,000, insuring him against
liability for damages occurring as a result of,
operations performed in the course of the
business of structural pest control to
premises under his care, custody, or control: or
(2) files with the board a certificate or
other evidence from an insurance company, in the
case of an applicant who has an unexpired and
uncancelled insurance policy or contract on
file with the board, stating that the policy
or contract insures the applicant against
liability for acts and damage as described in
Subdivision (1) of this section and that the
amount of coverage is not less than $30,000.
P. 3739
The Honorable Charlie Chapman - page 2 (~-888)
(b) The policy or contract shall be
maintained at all times in an amount not less
than $30,000. Failure to renew the policy or
contract or maintain it in the required amount
is a ground for suspension or revocation of a
Structural Pest Control Business License.
Your letter reads:
Many licensees have submitted certificates
indicating that they possess $25,000 (twenty-
five thousand dollars) of insurance against
liability for damages to persons and $5,000
(five thousand dollars) for damages to property.
The Board has instructed me to request your
opinion as to whether or not this combination,
which equals $30,000 (thirty thousand dollars),
meets the insurance requirement provided in
the statute.
When the law is expressed in plain and unambiguous language
and its meaning is clear and obvious there is no room for
statutory construction. 53 Tex. Jur.2d, Statutes S 123. Here,
the statute requires IIa policy or contract of insurance . . .
in an amount of not less than $30,000 . . . against liability
for damages occurring . . . to premises under his care, custody,
or control . . . .' In our opinion, this statute is unambiguous
and a certificate of insurance indicating coverage of only
$5,000 for property damage does not meet the statutory require-
ment.
SUMMARY
The Structural Pest Control Board may
not issue a Structural Pest Control
Business license or renew such a license
if the amount of property damage liability
coverage shown by the certificate presented
by the applicant is less than $30,000.
truly yours,
&Ji&$&
HILL
Attorney General of Texas
. .
The Honorable Charlie Chapman - page 3 (H-888)
APPROVED:
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C. ROBERT HEATH, Chairman
Opinion Committee
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P. 3741