By Harris S.B. No. 311
75R3987 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of beneficial interests in insurance.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 3.632(b), Family Code, is amended to read
1-5 as follows:
1-6 (b) If a decree of divorce or annulment is rendered after an
1-7 insured has designated the insured's spouse as a beneficiary under
1-8 a life insurance policy in force at the time of rendition and if
1-9 the premiums are paid by an employer, a provision in the policy in
1-10 favor of the insured's former spouse is not effective until the day
1-11 after the first anniversary of the date on which the decree is
1-12 rendered unless:
1-13 (1) the decree designates the insured's former spouse
1-14 as the beneficiary;
1-15 (2) the insured redesignates the former spouse as the
1-16 beneficiary after rendition of the decree; or
1-17 (3) the former spouse is designated to receive the
1-18 proceeds in trust for, on behalf of, or for the benefit of a child
1-19 or a dependent of either former spouse.
1-20 SECTION 2. (a) This Act takes effect immediately.
1-21 (b) The change in law made by this Act to Section 3.632(b),
1-22 Family Code, applies only to an insurance policy that is delivered,
1-23 issued for delivery, or renewed on or after the effective date of
1-24 this Act.
2-1 (c) A policy that is not delivered, issued for delivery, or
2-2 renewed on or after the effective date of this Act, is governed by
2-3 the law as it existed immediately before the effective date of this
2-4 Act, except as provided by Subsection (d) of this section, and that
2-5 law is continued in effect for that purpose.
2-6 (d) Section 3.632(b), Family Code, as it existed before
2-7 amendment by this Act, does not invalidate the designation of a
2-8 former spouse as the beneficiary of a life insurance policy if:
2-9 (1) the insured's former spouse had physical
2-10 possession of the life insurance policy at all times after the
2-11 decree of divorce or annulment was rendered;
2-12 (2) the insured's former spouse paid each insurance
2-13 premium on the life insurance policy after the rendition of the
2-14 decree;
2-15 (3) the insured's former spouse was named executor of
2-16 the insured's estate; and
2-17 (4) the insured's former spouse filed a claim as the
2-18 beneficiary of the life insurance policy before the date the
2-19 insurance company paid the proceeds of the life insurance policy to
2-20 another beneficiary or the estate of the insured.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force from and after its
2-27 passage, and it is so enacted.