H.B. No. 317
AN ACT
relating to prohibiting discrimination against living organ donors
by certain insurers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Living Organ
Donor Act.
SECTION 2. Chapter 544, Insurance Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. LIVING ORGAN DONORS
Sec. 544.601. DEFINITION. In this subchapter, "living
organ donor" means a living individual who donates an organ to
another individual.
Sec. 544.602. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a life insurance policy or contract, disability
insurance policy, or long-term care insurance policy.
Sec. 544.603. PROHIBITIONS. (a) An insurer may not, based
solely on the status of an individual as a living organ donor:
(1) deny coverage to the individual;
(2) refuse to renew the individual's coverage;
(3) cancel the individual's coverage;
(4) limit the amount, extent, or kind of coverage
available to the individual; or
(5) charge the individual or a group to which the
individual belongs a rate that is different than the rate charged to
other individuals or groups, as applicable, for the same coverage
unless the rate differential is based on sound actuarial principles
or sound underwriting related to actual or anticipated loss
experience for a particular risk.
(b) An insurer may not prevent an insured from donating all
or part of an organ as a condition of continuing coverage.
SECTION 3. Section 544.603, Insurance Code, as added by
this Act, applies only to an insurance policy or contract that is
delivered, issued for delivery, or renewed on or after January 1,
2022.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 317 was passed by the House on April
9, 2021, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 317 was passed by the Senate on May
11, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor