Filing a Texas Exposure When the Policy Initially Had None

Policies without Texas exposure are not to be filed with the Surplus Lines Stamping Office of Texas, as provided by Title 28, Texas Administrative Code, Section 15.20 (Reporting of Premium Allocation). However, policies that later develop a Texas exposure “become” Texas filings at that time. Reporting the original “non-Texas” policy in order to submit the newly developed Texas exposure then makes the policy appear to be a late filing.

To avoid this problem, when filing the policy and the endorsement adding the Texas exposure, use the effective date of the endorsement as the issue date of the policy. This will prevent the policy from being reported as late-filed (if the policy and endorsement are then filed in a timely manner). When filing by paper, the policy and endorsement should be submitted together, yet listed separately on a new Transmittal & Verification Slip. Please be certain to indicate on the policy and endorsement that the original policy did not have Texas exposure, but now it is being added by endorsement. Include the appropriate Other States/Exempt premium for the policy and endorsement as necessary. When filing electronically, please contact the EFS Help Desk for specific filing instructions.