What Directors and Officers (D&O) Insurance Requirements Apply in Texas?

Texas law permits an enterprise to buy insurance or establish another arrangement for current or former governing persons, officers, employees, and agents even when ordinary indemnification is unavailable; a self-insurance or non-insurer arrangement for otherwise non-indemnifiable liability needs owner or member approval. Chapter 8 defines the covered “enterprise,” so identify the exact entity and authority before assuming a Texas-law route applies.

What Is D&O Insurance?

D&O insurance can help pay covered defense costs and losses from claims against company leaders over management decisions. If your organization has a board or executives, check whether the company itself is insured and whether legal bills reduce the limit. Read the national Directors and officers guide.

What Should You Watch for With D&O Insurance in Texas?

  • Approval for Some Self-Insurance Arrangements

    Under § 8.151(c), self-insurance or an indemnity agreement with the enterprise or a person not regularly in the insurance business can cover a liability beyond normal indemnity power only with owner or member approval. Ask whether the proposed program is a commercial insurance policy, captive/self-insurance, or another arrangement, and obtain the approval record if needed. 1

  • Chapter 8 Uses a Defined “Enterprise”

    Chapter 8 defines an “enterprise” as a domestic entity or organization subject to that chapter; it also defines covered persons and includes an inquiry or investigation that could lead to a proceeding. Confirm the entity’s governing statute and insured role before relying on that framework. 2

  • Owner Reporting After Indemnity or Advances

    Texas § 8.152 requires an enterprise to report indemnification or an expense advance to its owners or members with or before the next meeting notice or consent submission, and no later than one year after payment. Ask who tracks that reporting step and how the policy’s claim reporting deadline fits the company’s process. 3

Which D&O Insurance Providers Have Texas License Records?

These providers publish a national listing for Directors and officers; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Texas. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Coalition

    Insurance producer, Surplus-lines broker · checked 2026-09-28

    Coalition Insurance Solutions, Inc.

    Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 11

    Coalition offers directors and officers liability through its executive-risks product for private and nonprofit US organizations.

  • Corgi

    Insurance producer · checked 2026-09-28

    Corgi Insurance Services, Inc.

    Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 12

    Corgi lists directors and officers insurance among its business insurance offerings.

  • Risklytics

    Insurance producer · checked 2026-09-28

    Risklytics, Inc.

    Risklytics’ licensing page lists its Massachusetts resident agency license plus state license records in Arizona, Colorado, Illinois, Indiana, New Jersey, Ohio, Texas and Washington; it identifies the NPN record date as September 10, 2026. This list is company-published and not a product availability map. 15

    Risklytics arranges directors and officers liability insurance for robotics, hardware and AI businesses.

  • TechInsurance

    Insurance producer · checked 2026-09-28

    Specialty Program Group LLC

    TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 16

    TechInsurance arranges directors and officers liability insurance for small businesses.

  • Vouch

    Insurance producer, Surplus-lines broker · checked 2026-09-28

    Vouch Specialty Insurance Services, LLC

    Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 17

    Vouch lists directors and officers insurance in its technology-company programs.

Who Regulates Insurance in Texas?

Texas Department of Insurance

TDI licenses agents and insurers, reviews company rate filings, and investigates complaints against insurance companies and people it regulates. Its complaint page states limits on what it can resolve, including disputes outside its regulatory authority. 4,5,6

Surplus-Lines Tax and Stamping Office in Texas

Reported tax rate. 4.85% of gross premium plus 0.04% SLTX stamping fee 7,8,9

When Texas is the insured’s home state, the state tax is 4.85% of gross premium; absent a compact allocation agreement, a multistate policy can be taxed on its entire premium. Policies effective on or after Jan. 1, 2024 also carry a 0.04% stamping fee; SLTX invoices the broker and says the insured pays it, and the surplus-lines insurer is not covered by the Texas guaranty association.

Surplus Lines Stamping Office of Texas

What Should You Ask Before Buying D&O Insurance in Texas?

  1. Is the proposed D&O program a commercial policy, captive, self-insurance, or an agreement with the company, and is owner/member approval required under § 8.151(c)?
  2. Which Texas statutory “enterprise” is the named insured, and who qualifies as a governing person or other covered individual?
  3. Does the policy define a subpoena, inquiry, or investigation as a claim, and what notice deadline applies?
  4. How does this policy’s wording address liability the enterprise cannot indemnify under Chapter 8?

D&O Insurance in Texas: Frequently Asked Questions

Can a Texas enterprise insure liability it cannot indemnify?

Yes. Section 8.151 permits insurance or another arrangement without regard to ordinary indemnification power. A specified self-insurance or non-insurer arrangement for such liability requires owner or member approval. 1

Must a Texas enterprise report a D&O expense advance to its owners or members?

Yes. Section 8.152 requires a written report with or before the next meeting notice or consent submission, and no later than one year after the indemnification or advance. Ask who will make the report and track deadlines. 3

D&O Insurance Guides for Other States

Other coverage in TexasEvery coverage guide for Texas, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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