Short answer: Texas requires at least 75% of eligible employees to enroll (after removing those with other valid coverage) for a small group to be issued.
Texas sets a statutory minimum participation level: coverage is available under a small-employer plan when at least 75% of the employer’s eligible employees elect to participate (Texas Insurance Code §1501.154). Employees who waive because they have other valid coverage, a spouse’s plan, another employer, Medicare, or military coverage; are removed from the calculation, making the 75% easier to reach. Participation is waived entirely if the group enrolls during the annual window (Nov 1 to Dec 15 for a Jan 1 effective date).