Texas · continuation coverage

Sources disagree

More than one authority states this, and they do not state the same thing. Both are reproduced with the source each came from — deciding between them is yours, not ours.

State law name

efte.twc.texas.gov says state law name is Small Employer Health Insurance Availability Act (Texas COBRA), as of 2026-08-14.

Texas Insurance Code, Sections 1501.002(4, 14): Top of Page "'Small employer' means a person who employed an average of at least two employees, but not more than 50 eligible employees on business days during the preceding calendar year and who employs at least two employees on the first day of the plan year. The term includes a governmental entity ..." "'Employee' means an individual employed by an employer.", meaning that the common-law direction and control test for employment applies in this statute. For employers with 20 to 50 employees, the six months of state health benefit continuation coverage begins after the federal COBRA period ends;

https://efte.twc.texas.gov/thresholds_for_coverage.html

hrcertification.com says state law name is Texas Mini-COBRA, as of 2026-08-14.

Texas Employer Size: Fewer than 20 employees Duration: Up to 6 months (9 months for disability-related events) Premium: Up to 100% of the group rate (no administrative surcharge) Key Detail: Among the more limited state laws. Employers must notify the insurer within 30 days of the qualifying event.

https://hrcertification.com/blog/state-mini-cobra-laws-2026-biid1000358

State threshold

efte.twc.texas.gov says state threshold is 2, as of 2026-08-14.

Texas Insurance Code, Sections 1501.002(4, 14): Top of Page "'Small employer' means a person who employed an average of at least two employees, but not more than 50 eligible employees on business days during the preceding calendar year and who employs at least two employees on the first day of the plan year. The term includes a governmental entity ..." "'Employee' means an individual employed by an employer.", meaning that the common-law direction and control test for employment applies in this statute. For employers with 20 to 50 employees, the six months of state health benefit continuation coverage begins after the federal COBRA period ends;

https://efte.twc.texas.gov/thresholds_for_coverage.html

hrcertification.com says state threshold is Fewer than 20, as of 2026-08-14.

Texas Employer Size: Fewer than 20 employees Duration: Up to 6 months (9 months for disability-related events) Premium: Up to 100% of the group rate (no administrative surcharge) Key Detail: Among the more limited state laws. Employers must notify the insurer within 30 days of the qualifying event.

https://hrcertification.com/blog/state-mini-cobra-laws-2026-biid1000358

Key differences

efte.twc.texas.gov says key differences is Texas COBRA applies to employers with 2-50 employees, far below the federal COBRA threshold of 20. Provides nine months of continuation coverage for employers not covered by federal COBRA, and six months of additional coverage after federal COBRA ends for employers with 20-50 employees., as of 2026-08-14.

Texas Insurance Code, Sections 1501.002(4, 14): Top of Page "'Small employer' means a person who employed an average of at least two employees, but not more than 50 eligible employees on business days during the preceding calendar year and who employs at least two employees on the first day of the plan year. The term includes a governmental entity ..." "'Employee' means an individual employed by an employer.", meaning that the common-law direction and control test for employment applies in this statute. For employers with 20 to 50 employees, the six months of state health benefit continuation coverage begins after the federal COBRA period ends;

https://efte.twc.texas.gov/thresholds_for_coverage.html

hrcertification.com says key differences is shorter duration (6 months vs 18 months), no administrative surcharge (100% vs 102% federal), employer must notify insurer within 30 days of qualifying event, as of 2026-08-14.

Texas Employer Size: Fewer than 20 employees Duration: Up to 6 months (9 months for disability-related events) Premium: Up to 100% of the group rate (no administrative surcharge) Key Detail: Among the more limited state laws. Employers must notify the insurer within 30 days of the qualifying event.

https://hrcertification.com/blog/state-mini-cobra-laws-2026-biid1000358

Coverage / scope

efte.twc.texas.gov says coverage / scope is Nine months for employers with 2-19 employees (not covered by federal COBRA); six months after federal COBRA exhaustion for employers with 20-50 employees, as of 2026-08-14.

Texas Insurance Code, Sections 1501.002(4, 14): Top of Page "'Small employer' means a person who employed an average of at least two employees, but not more than 50 eligible employees on business days during the preceding calendar year and who employs at least two employees on the first day of the plan year. The term includes a governmental entity ..." "'Employee' means an individual employed by an employer.", meaning that the common-law direction and control test for employment applies in this statute. For employers with 20 to 50 employees, the six months of state health benefit continuation coverage begins after the federal COBRA period ends;

https://efte.twc.texas.gov/thresholds_for_coverage.html

hrcertification.com says coverage / scope is Up to 6 months (9 months for disability-related events), as of 2026-08-14.

Texas Employer Size: Fewer than 20 employees Duration: Up to 6 months (9 months for disability-related events) Premium: Up to 100% of the group rate (no administrative surcharge) Key Detail: Among the more limited state laws. Employers must notify the insurer within 30 days of the qualifying event.

https://hrcertification.com/blog/state-mini-cobra-laws-2026-biid1000358