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89(R) SB 1238 - Enrolled version - Bill Text
S.B. No. 1238
AN ACT
relating to prohibited insurance discrimination on the basis of an
insured's marital status following the death of the insured's
spouse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 544.002, Insurance Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) Notwithstanding Section 544.003, an insurer may not:
(1)
refuse to continue to insure or provide coverage
to an individual or limit the amount, extent, or kind of coverage
available to an individual because the individual is widowed or the
individual's marital status otherwise reflects the death of a
spouse; or
(2)
charge an individual who is widowed or whose
marital status otherwise reflects the death of a spouse a rate that
is different from the rate that would be charged if the individual's
marital status was married.
(e)
Subsection (d) may not be construed to prohibit a title
insurance company or title insurance agent from imposing a
reasonable requirement on a widowed insured or widowed individual
seeking insurance coverage for the purpose of determining heirship,
probate matters, or other similar issues in the same manner as an
insured or individual who is not widowed.
SECTION 2. The change in law made by this Act does not apply
to an insurance policy that is delivered, issued for delivery, or
renewed before the effective date of this Act. An insurance policy
that is delivered, issued for delivery, or renewed before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 1238 passed the Senate on
April 10, 2025, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 7, 2025, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1238 passed the House, with
amendment, on May 2, 2025, by the following vote: Yeas 121, Nays 1,
one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor