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.