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.