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AN ACT
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relating to prohibiting discrimination against living organ donors |
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by certain insurers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Texas Living Organ |
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Donor Act. |
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SECTION 2. Chapter 544, Insurance Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. LIVING ORGAN DONORS |
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Sec. 544.601. DEFINITION. In this subchapter, "living |
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organ donor" means a living individual who donates an organ to |
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another individual. |
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Sec. 544.602. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a life insurance policy or contract, disability |
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insurance policy, or long-term care insurance policy. |
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Sec. 544.603. PROHIBITIONS. (a) An insurer may not, based |
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solely on the status of an individual as a living organ donor: |
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(1) deny coverage to the individual; |
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(2) refuse to renew the individual's coverage; |
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(3) cancel the individual's coverage; |
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(4) limit the amount, extent, or kind of coverage |
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available to the individual; or |
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(5) charge the individual or a group to which the |
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individual belongs a rate that is different than the rate charged to |
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other individuals or groups, as applicable, for the same coverage |
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unless the rate differential is based on sound actuarial principles |
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or sound underwriting related to actual or anticipated loss |
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experience for a particular risk. |
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(b) An insurer may not prevent an insured from donating all |
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or part of an organ as a condition of continuing coverage. |
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SECTION 3. Section 544.603, Insurance Code, as added by |
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this Act, applies only to an insurance policy or contract that is |
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delivered, issued for delivery, or renewed on or after January 1, |
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2022. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 317 was passed by the House on April |
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9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 317 was passed by the Senate on May |
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11, 2021, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |