By Chavez H.B. No. 1559
77R1857 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to designation of certain caregivers as life insurance
1-3 beneficiaries.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 113, Acts of the 53rd Legislature,
1-6 Regular Session, 1953 (Article 3.49-1, Vernon's Texas Insurance
1-7 Code), is amended by adding Section 4A to read as follows:
1-8 Sec. 4A. EXCEPTION: CAREGIVER AS BENEFICIARY. (a) This
1-9 section applies only to a beneficiary who:
1-10 (1) is designated in a life insurance policy in which
1-11 the insured is an elderly individual as determined under rules
1-12 adopted by the commissioner; and
1-13 (2) is a caregiver of the elderly individual who
1-14 provides:
1-15 (A) care in a facility licensed under Chapter
1-16 242, 246, 247, 248, or 252, Health and Safety Code, or a facility
1-17 providing similar services without regard to whether the facility
1-18 holds a license; or
1-19 (B) bereavement services, home health services,
1-20 hospice services, respite services, or support services, as those
1-21 terms are defined by Section 142.001, Health and Safety Code,
1-22 without regard to whether the caregiver holds a license, if the
1-23 service is provided for pay or other compensation.
1-24 (b) Notwithstanding Section 1 of this Act, a beneficiary to
2-1 whom this section applies does not have an enforceable insurable
2-2 interest and is not entitled to recover the policy proceeds on the
2-3 death of the insured if the insured was coerced to designate the
2-4 caregiver as the beneficiary through the exercise of undue
2-5 influence by the caregiver.
2-6 SECTION 2. Chapter 113, Acts of the 53rd Legislature,
2-7 Regular Session, 1953 (Article 3.49-1, Vernon's Texas Insurance
2-8 Code), as amended by this Act, applies only to the designation of a
2-9 beneficiary under a life insurance policy on or after September 1,
2-10 2001. The designation of a beneficiary before September 1, 2001, is
2-11 governed by the law as it existed immediately before the effective
2-12 date of this Act, and that law is continued in effect for that
2-13 purpose.
2-14 SECTION 3. This Act takes effect September 1, 2001.