By Shapleigh S.B. No. 750 76R6203 AJA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prohibiting discrimination by insurers in issuing 1-3 property or casualty 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 21.21-5A to read as follows: 1-8 Art. 21.21-5A. VICTIMS OF FAMILY VIOLENCE; PROPERTY AND 1-9 CASUALTY INSURANCE. (a) In this article: 1-10 (1) "Family violence" has the meaning assigned by 1-11 Section 1, Article 21.21-5, of this code. 1-12 (2) "Insurer" means an insurer who delivers, issues 1-13 for delivery, or renews a policy or contract of property or 1-14 casualty insurance in this state, including: 1-15 (A) a reciprocal exchange, interinsurance 1-16 exchange, Lloyd's insurer, fraternal benefit society, county 1-17 mutual, or farm mutual; or 1-18 (B) an agent or broker for such an insurer. 1-19 (b) An insurer, because of an individual's status as a 1-20 victim of family violence, may not: 1-21 (1) deny coverage to the individual; 1-22 (2) refuse to renew a policy of insurance covering the 1-23 individual; 1-24 (3) cancel a policy of insurance covering the 2-1 individual; 2-2 (4) limit the amount, extent, or kind of coverage 2-3 available to the individual; or 2-4 (5) charge the individual or a group to which the 2-5 individual belongs a different rate for the same coverage. 2-6 (c) An insurer may not, as a part of an application for 2-7 insurance coverage, require an applicant for insurance to reveal 2-8 whether the applicant has been or may become a victim of family 2-9 violence. 2-10 (d) An insurer who violates this article commits unfair 2-11 discrimination under Article 21.21-6 of this code, as added by 2-12 Chapter 415, Acts of the 74th Legislature, Regular Session, 1995, 2-13 and an unfair and deceptive practice as defined by Article 21.21 of 2-14 this code and is subject to the penalties imposed under those 2-15 articles. 2-16 (e) An insurer who delivers, issues for delivery, or renews 2-17 a policy or contract of property or casualty insurance to an 2-18 individual who has been or may become a victim of family violence 2-19 may not be held civilly or criminally liable for the death of, or 2-20 bodily injuries incurred by, that individual as a result of family 2-21 violence. 2-22 (f) Except as provided by Subsection (g) of this article, an 2-23 insurer or person employed by or under contract with an insurer may 2-24 not release information relating to the status as a victim of 2-25 family violence of an individual who is clearly a victim of family 2-26 violence, including: 2-27 (1) information about specific acts of family violence 3-1 directed at the individual; 3-2 (2) the individual's address or phone number at home 3-3 or at work; and 3-4 (3) information about the individual's employment, 3-5 associations, family membership, or relationships. 3-6 (g) An insurer may only release information relating to the 3-7 status as a victim of family violence of an individual who is 3-8 clearly a victim of family violence to an individual or entity 3-9 deemed appropriate by the commissioner. 3-10 SECTION 2. This Act takes effect September 1, 1999, and 3-11 applies only to an insurance policy or contract or an evidence of 3-12 coverage that is delivered, issued for delivery, or renewed on or 3-13 after January 1, 2000. A policy or contract or an evidence of 3-14 coverage that is delivered, issued for delivery, or renewed before 3-15 January 1, 2000, is governed by the law as it existed immediately 3-16 before the effective date of this Act, and that law is continued in 3-17 effect for that purpose. 3-18 SECTION 3. The importance of this legislation and the 3-19 crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended.