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What is a Texas Form E?

Updated . Sources for every claim are listed at the end.

Short answer

Form E is the proof of auto liability insurance that your insurance company files electronically with the Texas Department of Motor Vehicles (TxDMV). Texas intrastate motor carriers need an active Form E on file to receive and keep a TxDMV certificate number.

  • Only your insurer can file a Form E or cancel it (cancellation is Form K). TxDMV charges a $100 insurance filing fee.
  • If the Form E lapses, TxDMV can impose administrative penalties or sanctions or revoke your certificate.
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What Form E does

Under 43 TAC 218.16(a), a motor carrier registered with TxDMV must file proof of automobile liability insurance "on a form acceptable to the director" for each vehicle required to be registered. TxDMV's motor carrier page names that form: Form E, proof of liability insurance. Household goods movers also need Forms H and I (proof of cargo insurance), and a cancellation is filed on Form K.

TxDMV is explicit that these "are provided by and must be filed electronically by your insurance company underwriter," and that "only your insurance company can file proof of insurance or cancellation." Your job is to make sure your insurance record in the TxDMV system (TxMCCS) shows "Active."

Which filing goes where

Trucking insurance filings and where each one goesThe insurer files BMC-91X or BMC-91 with FMCSA as proof of liability for interstate authority, and BMC-35 to cancel it, effective 30 days after FMCSA receives it. The carrier or a process agent service files the BOC-3 with FMCSA. The insurer files Form E with TxDMV for Texas intrastate registration, and Form K to cancel it. The MCS-90 endorsement is not a filing; it is attached to the policy.Who filesFormWhere it goesInsurerfiles itBMC-91X or BMC-91proof of liabilityFMCSAneeded for interstate authorityInsurerfiles itBMC-35notice of cancellationFMCSAeffective 30 days after receiptCarrieror a process agent serviceBOC-3designates process agentsFMCSAan agent in every stateInsurerfiles itForm Eproof of liabilityTxDMVTexas intrastate registrationInsurerfiles itForm Kliability cancellationTxDMVcancels the proof on fileInsurerattaches itMCS-90 endorsementguarantee to the publicYour policynot a filing; part of the policy
Forms named in 49 CFR 387.313 (BMC-91, BMC-91X, BMC-35) and 49 CFR part 366 (BOC-3). Under 387.313, federal filings cannot be cancelled until 30 days after FMCSA receives the BMC-35. TxDMV states that only the insurance company can file proof of insurance (Form E) or its cancellation (Form K), and that the carrier is still responsible for keeping its insurance record active.

Where Form E fits in getting a TxDMV number

TxDMV lays out the order:

  1. You need a valid USDOT number first, registered as intrastate if you run only in Texas.
  2. You apply in TxMCCS. TxDMV says initial applications are reviewed within 24 to 48 business hours (about 7 more business days if the carrier is linked to a previous certificate).
  3. When the application is approved, you notify your insurer so it can file the required insurance.
  4. After the insurer files, you pay fees and TxMCCS issues the certificate number.
  5. A current insurance cab card must be kept in each vehicle.

The full list of who has to register and what limits apply is on Texas intrastate truck insurance requirements.

Texas insurance filings for motor carriers (TxDMV)
FormPurposeWho files
Form EProof of liability insuranceYour insurer, electronically
Forms H and IProof of cargo insurance (household goods carriers)Your insurer, electronically
Form KCancellation of liability insuranceYour insurer, electronically

What happens when a Form E lapses

TxDMV says that if your insurance company cancels your policy, you will get an electronic notice 30 days before cancellation, but only if a current email address is on file in TxMCCS. Failing to keep continuous proof of insurance on your certificate can lead to administrative penalties, administrative sanctions, or revocation of your certificate.

Two habits prevent most problems: keep your TxMCCS email current, and when you change insurers, have the new insurer file its Form E effective the same day the new policy starts. For the federal side of a lapse, see what happens if truck insurance cancels.

Form E vs the federal BMC-91X

The two filings do the same job for different regulators. Form E proves coverage to TxDMV for Texas intrastate operations. The BMC-91X proves coverage to FMCSA for interstate for-hire authority. A Texas carrier that runs both intrastate and interstate loads can need both, and they should show the same legal name and matching policy information. Our FMCSA and TxDMV filings guide walks through both.

Common questions

Can my agent upload the Form E for me?

TxDMV says the forms are filed electronically by your insurance company underwriter. Your agent can request it, but the filing comes from the insurer.

How much does a Form E cost?

TxDMV lists a $100 insurance filing (Form E) fee as part of motor carrier registration fees. Your insurer may have its own filing charge.

Do I need a Form E if I only haul interstate?

Form E is for TxDMV registration of intrastate operations. Interstate for-hire carriers file with FMCSA instead. If you do both, you may need both.

Sources

  1. TxDMV, TxDMV Number (motor carrier registration). Form E, H, I and K; insurer-only filing; $100 filing fee; 30-day cancellation email; penalties and revocation; registration steps and review times.
  2. 43 Tex. Admin. Code § 218.16, Insurance Requirements (Cornell LII). Proof of automobile liability insurance on a form acceptable to the director.

This page explains insurance, not law. Have your attorney review indemnity and contract language; our job is making the insurance match it.

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