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.