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.