1. (a) On placing new or renewal surplus lines coverage, a surplus lines agent shall promptly issue and deliver to the insured or to the insured's agent the following evidence of insurance:

   1. (1) the policy issued by the insurer; or
   2. (2) if the policy is not available, a certificate, cover note, or other confirmation of insurance.

2. (b) If the policy is not available at the time of placement of the insurance, the surplus lines agent shall, on the insured's request and as soon as reasonably possible:

   1. (1) obtain the policy from the insurer; and
   2. (2) deliver the policy to the insured to replace the certificate, cover note, or other confirmation of insurance previously issued.

3. (c) A surplus lines agent may not deliver the evidence of insurance described by Subsection (a), or purport to insure or represent that insurance will be or has been granted by an eligible surplus lines insurer, unless the agent:

   1. (1) has prior written authority from the insurer for the insurance; or

   2. (2) has received information from the insurer in the regular course of business that:

      1. (A) the insurance has been granted; or
      2. (B) an insurance policy providing the insurance actually has been issued by the insurer and delivered to the insured.

Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.