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