Texas 2025 - 89th Regular

Texas Senate Bill SB495

Filed
11/22/24  
Out of Senate Committee
3/4/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of the Texas Department of Insurance to adopt rules that implement or are based on certain environmental, social, and governance models, ratings, or standards.

Impact

Should SB495 be enacted, it may have significant repercussions for how environmental and social governance considerations are integrated into insurance regulations in Texas. The bill introduces definitions surrounding environmental and social assessments, outlining the impact that ESG compliance could have on state economic factors, such as productivity and competitiveness. By limiting the ability of regulators to adopt rules that are based on non-state standards, the legislation reinforces Texas' local governance of insurance-related practices and may prevent the enforcement of standards deemed detrimental to the state's economy.

Summary

SB495 is a legislative act that addresses the authority of the Texas Department of Insurance to formulate rules based on environmental, social, and governance (ESG) models. The bill explicitly restricts the commissioner from enforcing rules developed using ESG assessments, unless such rules are explicitly authorized by state law. This move is intended to safeguard the state’s insurance regulations from being influenced or altered by external ESG standards, which proponents argue could undermine local industry competitiveness and economic stability.

Sentiment

The sentiment surrounding SB495 is mixed, with strong support from certain sectors arguing that the bill is necessary for maintaining economic freedom and opposing the imposition of external standards that could lead to regulatory overreach. Opponents, however, raise concerns that the bill could isolate Texas from national trends and best practices related to responsible investing and corporate governance. The discussions highlight a divide between those prioritizing state autonomy in regulation and those advocating for the adoption of broader standards that reflect societal values and norms.

Contention

Notable points of contention include the bill's prohibition on adopting rules from the National Association of Insurance Commissioners if those rules are based on ESG assessments. Critics fear this could hinder progress in promoting ethical and sustainable practices within the insurance industry. Advocates for the bill argue that external standards often reflect societal agendas that are not aligned with the interests of Texas residents and businesses. Thus, the debate bridges the gap between local regulatory control and the influence of national or international standards on state governance.

Texas Constitutional Statutes Affected

Insurance Code

  • Chapter 36. Department Rules And Procedures
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3899

Identical Relating to the authority of the Texas Department of Insurance to adopt rules that implement or are based on certain environmental, social, and governance models, ratings, or standards.

Similar Bills

CA AB306

Building regulations: state building standards.

CA AB368

Energy: building standards: passive house standards.

NJ A3313

Creates advisory council to oversee revision of core curriculum content standards.

HI HB1051

Relating To Energy-efficiency Portfolio Standards.

CA AB6

Residential developments: building standards: review.

HI SB1370

Relating To Energy-efficiency Portfolio Standards.

HI SB643

Relating To Energy-efficiency Portfolio Standards.

HI HB785

Relating To Energy-efficiency Portfolio Standards.