What Fiduciary Liability Insurance Requirements Apply in Texas?

Texas Labor Code § 61.018 permits wage deductions only when ordered by a court, authorized by law, or supported by the employee’s written authorization for a lawful purpose; the plan’s payroll file should preserve that authorization. Coverage review should identify which people make discretionary plan decisions and which staff perform the state payroll task; give the broker both roles.

What Is Fiduciary Liability Insurance?

Fiduciary liability can protect your company and plan fiduciaries when participants claim mishandling of an employee benefit plan. If you sponsor a retirement or health plan, check who is insured and whether both administration errors and fiduciary-breach claims are addressed. Read the national Fiduciary liability guide.

What Should You Watch for With Fiduciary Liability Insurance in Texas?

  • Lawful-purpose authorization

    Use lawful-purpose authorization as the state checkpoint. Keep the supporting eligibility record, employee authorization, exemption certification, or program notice with payroll reconciliation so the employer can trace how it applied the rule. 1

  • Name The Decision Makers

    For Texas, lawful-purpose authorization is a state payroll or program checkpoint. Assign an operational owner to track it, and separately identify the people who select investments, resolve eligibility disputes, or monitor the plan provider; those discretionary roles matter to the fiduciary application. 1,2

  • Set An Exception Review

    At renewal, sample Texas payroll or program records against lawful-purpose authorization. Record the reviewer, any missed authorization, enrollment, or remittance step, the correction date, and the plan fiduciary who reviewed the exception. 1

Which Fiduciary Liability Providers Have Texas License Records?

These providers publish a national listing for Fiduciary liability; 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. 10

    Coalition offers fiduciary 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. 11

    Corgi lists fiduciary liability in its coverage catalog and package options.

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. 3,4,5

Surplus-Lines Tax and Stamping Office in Texas

Reported tax rate. 4.85% of gross premium plus 0.04% SLTX stamping fee 6,7,8

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

Questions to Ask Before You Buy Fiduciary Liability in Texas

  1. What state-specific eligibility, authorization, or remittance rule applies to the employer’s retirement arrangement?
  2. Who reviews payroll-to-plan reconciliations and records exceptions under that rule?
  3. Which people exercise plan discretion, and are they identified in the fiduciary application?

Fiduciary Liability Insurance in Texas: Frequently Asked Questions

What state retirement or payroll rule should an employer in Texas check first?

Texas Labor Code § 61.018 permits wage deductions only when ordered by a court, authorized by law, or supported by the employee’s written authorization for a lawful purpose; the plan’s payroll file should preserve that authorization. 1

Does hiring a plan administrator remove an employer’s fiduciary responsibility in Texas?

No. Provider selection does not end the plan fiduciary’s duty to monitor the provider. Document who retains that review, and assign a separate owner for the state checkpoint: lawful-purpose authorization. 2,1

Fiduciary Liability 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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