2.2 Texas Commercial Property Insurance
Key Takeaways
- Texas commercial property insurance uses file and use rate regulation
- Commercial policies must disclose terrorism coverage options under TRIA
- Texas allows surplus lines placement after diligent search of 3 admitted insurers
- Surplus lines tax in Texas is 4.85% of premium
- Business interruption and extra expense coverage follow standard commercial forms
Last updated: January 2026
Texas regulates commercial property insurance with specific requirements for rates, surplus lines, and coverage availability.
Rate Regulation
Under Texas file and use system, commercial property insurance rates:
- May be used immediately upon filing
- Subject to TDI review after implementation
- Must not be excessive, inadequate, or unfairly discriminatory
- Can be disapproved if TDI finds violations
Commercial Rate Filing
| Requirement | Details |
|---|---|
| Filing | Required before use |
| Approval | Not required before use |
| Review | TDI reviews after implementation |
| Disapproval | TDI can disapprove after review |
Terrorism Insurance
TRIA (Terrorism Risk Insurance Act)
- Federal program providing terrorism insurance backstop
- Texas insurers must offer terrorism coverage
- Policyholder can accept or reject terrorism coverage
- Disclosure of coverage terms required
Required Disclosures
- Coverage limits for terrorism
- Premium for terrorism coverage
- Right to accept or reject
- Exclusions and limitations
Commercial Property Coverage
Texas commercial property follows standard forms:
Coverage Types
| Coverage | Description |
|---|---|
| Building | Structure and permanently attached items |
| Business Personal Property | Contents, inventory, equipment |
| Business Income | Lost income during restoration |
| Extra Expense | Additional costs to continue operations |
Surplus Lines Insurance
Texas allows surplus lines insurance for risks not available in the admitted market:
Surplus Lines Requirements
| Requirement | Details |
|---|---|
| Diligent Search | Must contact 3+ admitted insurers |
| Export List | Some risks pre-approved for export |
| Surplus Lines Agent | Must use licensed SL agent |
| Surplus Lines Tax | 4.85% of premium |
| Stamping Fee | $25 per policy or 0.06% |
| Disclosure | Must disclose SL status to insured |
Export List Risks
Texas maintains a list of risks that can be placed directly with surplus lines insurers without a diligent search:
- Aviation liability
- Excess liability
- Employment practices liability
- Directors and officers liability
- Environmental impairment liability
Business Interruption Insurance
Texas commercial policies include business interruption provisions:
Key Provisions
- Coverage for lost income during restoration period
- Waiting/deductible period typically 72 hours
- Period of restoration clearly defined
- Extended period of indemnity available
- Civil authority coverage for government-ordered closures
Extra Expense Coverage
- Covers costs to continue operations during restoration
- Separate limit from business interruption
- Examples: temporary location, expedited repairs
Builders Risk
Texas builders risk insurance:
- Covers buildings under construction
- Available on completed value or reporting form
- Theft coverage may require endorsement
- Transit coverage for materials available
Test Your Knowledge
How many admitted insurers must be contacted before placing a risk in the Texas surplus lines market?
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Test Your Knowledge
What is the Texas surplus lines tax rate?
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