By: Kolkhorst, Campbell, Middleton S.B. No. 1238

(In the Senate - Filed February 12, 2025; February 28, 2025, read first time and referred to Committee on Business & Commerce; April 2, 2025, reported favorably by the following vote: Yeas 11, Nays 0; April 2, 2025, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 544.002, Insurance Code, is amended by adding Subsection (d) to read as follows:

(d) Notwithstanding Section 544.003, an insurer may not:

(1) refuse to continue to insure or provide coverage to an individual or limit the amount, extent, or kind of coverage available to an individual because the individual is widowed or the individual's marital status otherwise reflects the death of a spouse; or

(2) charge an individual who is widowed or whose marital status otherwise reflects the death of a spouse a rate that is different from the rate that would be charged if the individual's marital status was married.

SECTION 2. The change in law made by this Act does not apply to an insurance policy that is delivered, issued for delivery, or renewed before the effective date of this Act. An insurance policy that is delivered, issued for delivery, or renewed before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.

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