By: Creighton H.B. No. 32
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of required health insurance coverage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Texas Insurance Code is amended by adding a new,
appropriately numbered chapter to read as follows:
HEALTH INSURANCE COVERAGE NOT REQUIRED.
No resident of this state, regardless of whether he has or is
eligible for health insurance coverage under any policy or program
provided by or through his employer, or a plan sponsored by the
state or the federal government, shall be required to obtain or
maintain a policy of individual insurance coverage except as
required by a court or a governmental agency or department where an
individual is named a party in a judicial or administrative
proceeding. No provision of this title shall render a resident of
this state liable for any penalty, assessment, fee, or fine as a
result of his failure to procure or obtain health insurance
coverage. This section shall not apply to individuals voluntarily
applying for coverage under a state-administered program pursuant
to Title XIX or Title XXI of the Social Security Act. This section
shall not apply to students being required by an institution of
higher education to obtain and maintain health insurance as a
condition of enrollment. Nothing herein shall impair the rights of
persons to privately contract for health insurance for family
members or former family members.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.