| 1 | 1 | | 84R226 MEW-D |
|---|
| 2 | 2 | | By: Thompson of Harris H.B. No. 304 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to prohibition of certain insurance discrimination. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 544.002, Insurance Code, is amended by |
|---|
| 10 | 10 | | amending Subsection (a) and adding Subsection (d) to read as |
|---|
| 11 | 11 | | follows: |
|---|
| 12 | 12 | | (a) A person may not refuse to insure or provide coverage to |
|---|
| 13 | 13 | | an individual, refuse to continue to insure or provide coverage to |
|---|
| 14 | 14 | | an individual, limit the amount, extent, or kind of coverage |
|---|
| 15 | 15 | | available for an individual, or charge an individual a rate that is |
|---|
| 16 | 16 | | different from the rate charged to other individuals for the same |
|---|
| 17 | 17 | | coverage because of the individual's: |
|---|
| 18 | 18 | | (1) race, color, religion, or national origin; |
|---|
| 19 | 19 | | (2) age, gender, marital status, or geographic |
|---|
| 20 | 20 | | location; [or] |
|---|
| 21 | 21 | | (3) disability or partial disability; or |
|---|
| 22 | 22 | | (4) sexual orientation or gender identity or |
|---|
| 23 | 23 | | expression. |
|---|
| 24 | 24 | | (d) In this section: |
|---|
| 25 | 25 | | (1) "Gender identity or expression" means a person's |
|---|
| 26 | 26 | | having, or being perceived as having, a gender-related identity, |
|---|
| 27 | 27 | | appearance, expression, or behavior, whether or not that identity, |
|---|
| 28 | 28 | | appearance, expression, or behavior is different from that |
|---|
| 29 | 29 | | stereotypically associated with the person's assigned sex at birth. |
|---|
| 30 | 30 | | (2) "Sexual orientation" means actual or perceived |
|---|
| 31 | 31 | | heterosexuality, homosexuality, or bisexuality. |
|---|
| 32 | 32 | | SECTION 2. Section 544.003(b), Insurance Code, is amended |
|---|
| 33 | 33 | | to read as follows: |
|---|
| 34 | 34 | | (b) A person does not violate Section 544.002(a)(2), [or] |
|---|
| 35 | 35 | | (3), or (4) if the refusal, limitation, or charge is based on sound |
|---|
| 36 | 36 | | underwriting or actuarial principles reasonably related to actual |
|---|
| 37 | 37 | | or anticipated loss experience. For the purposes of this |
|---|
| 38 | 38 | | subsection, a refusal, limitation, or charge relating to title |
|---|
| 39 | 39 | | insurance is based on sound actuarial principles if the action is |
|---|
| 40 | 40 | | based on an examination of title or on closing the transaction. |
|---|
| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 45 | 45 | | Act takes effect September 1, 2015. |
|---|