By Driver                                        H.B. No. 839

      75R4877 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prohibiting discrimination by insurers in issuing

 1-3     health or life insurance policies to certain persons who are

 1-4     victims of family violence.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter B, Chapter 21, Insurance Code, is

 1-7     amended by adding Article 21.21-5 to read as follows:

 1-8           Art. 21.21-5.  VICTIMS OF FAMILY VIOLENCE.  (a)  In this

 1-9     article:

1-10                 (1)  "Family violence" means the occurrence of one or

1-11     more of the following acts between persons who reside together or

1-12     who formerly resided together:

1-13                       (A)  wilfully attempting to cause bodily injury,

1-14     or wilfully or wantonly causing bodily injury;

1-15                       (B)  wilfully placing another, by physical

1-16     threat, in fear of imminent bodily injury; or

1-17                       (C)  engaging in any of the following acts with a

1-18     minor under 16 years of age who is not the spouse of the person

1-19     engaging in the act:

1-20                             (i)  the act of sexual intercourse; or

1-21                             (ii)  any lewd fondling or touching of the

1-22     person of either the minor or the other person, done or submitted

1-23     to with the intent to arouse or to satisfy the sexual desires of

1-24     either the minor or the other person or both.

 2-1                 (2)  "Insurer" means an insurer who delivers, issues

 2-2     for delivery, or renews a policy or contract of life or health

 2-3     insurance in this state, including any group policy, contract, or

 2-4     certificate of life insurance or health insurance or an evidence of

 2-5     coverage delivered, issued for delivery, or renewed in this state

 2-6     by an insurance company, including a group hospital service

 2-7     corporation under Chapter 20 of this code and a health maintenance

 2-8     organization under the Texas Health Maintenance Organization Act

 2-9     (Chapter 20A, Vernon's Texas Insurance Code).

2-10           (b)  An insurer, solely because an individual has been a

2-11     victim of family violence, may not:

2-12                 (1)  deny coverage to the individual;

2-13                 (2)  refuse to renew a policy of insurance covering the

2-14     individual;

2-15                 (3)  cancel a policy of insurance covering the

2-16     individual;

2-17                 (4)  limit the amount, extent, or kind of coverage

2-18     available to the individual; or

2-19                 (5)  charge the individual or a group to which the

2-20     individual belongs a different rate for the same coverage.

2-21           (c)  An insurer may not, as a part of an application for

2-22     insurance coverage, require an applicant for insurance to reveal

2-23     whether the applicant has been or may become a victim of family

2-24     violence.

2-25           (d)  An insurer who violates this article commits an unfair

2-26     and deceptive practice as defined by Article 21.21 of this code and

2-27     is subject to the penalties imposed under that article.

 3-1           (e)  An insurer who delivers, issues for delivery, or renews

 3-2     a policy or contract of life or health insurance to an individual

 3-3     who has been or may become a victim of family violence may not be

 3-4     held civilly or criminally liable for the death of, or bodily

 3-5     injuries incurred by, that individual as a result of family

 3-6     violence.

 3-7           (f)  Notwithstanding any other provision of this article, an

 3-8     insurer may underwrite a risk on the basis of an individual's

 3-9     physical or mental condition regardless of the underlying cause of

3-10     the condition, or on the basis of any underwriting criteria not

3-11     prohibited by this code, another insurance law of this state, or a

3-12     rule adopted under this code or another insurance law of this

3-13     state.

3-14           SECTION 2.  Section 14(b), Texas Health Maintenance

3-15     Organization Act (Article 20A.14, Vernon's Texas Insurance Code),

3-16     is amended to read as follows:

3-17           (b)  Articles 21.21, 21.21A, 21.21-2, 21.21-3, and 21.21-5,

3-18     Insurance Code, Article 21.21-6, Insurance Code, as added by

3-19     Chapter 522, Acts of the 74th Legislature, Regular Session, 1995,

3-20     and Chapter 122, Acts of the 57th Legislature, Regular Session,

3-21     1961 (Article 21.21-1, Vernon's Texas Insurance Code), apply to

3-22     health maintenance organizations that offer both basic and single

3-23     health care coverages and to basic and single health care plans and

3-24     the evidence of coverage under those plans, except to the extent

3-25     that the commissioner determines that the nature of health

3-26     maintenance organizations and health care plans and evidence of

3-27     coverage renders any provision of those articles clearly

 4-1     inappropriate.

 4-2           SECTION 3.  This Act takes effect September 1, 1997, and

 4-3     applies only to an insurance policy or contract or an evidence of

 4-4     coverage that is delivered, issued for delivery, or renewed on or

 4-5     after January 1, 1998.  A policy or contract or an evidence of

 4-6     coverage that is delivered, issued for delivery, or renewed before

 4-7     January 1, 1998, is governed by the law as it existed immediately

 4-8     before the effective date of this Act, and that law is continued in

 4-9     effect for that purpose.

4-10           SECTION 4.  The importance of this legislation and the

4-11     crowded condition of the calendars in both houses create an

4-12     emergency and an imperative public necessity that the

4-13     constitutional rule requiring bills to be read on three several

4-14     days in each house be suspended, and this rule is hereby suspended.