Texas 2025 - 89th Regular

Texas House Bill HB1041

Filed
11/12/24  
Out of House Committee
3/31/25  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the insurable interest of certain persons providing care to individuals with disabilities in the life of those individuals.

Impact

The legislation modifies existing provisions within the Texas Insurance Code, particularly addressing concerns surrounding caregivers in state-supported living centers, assisted living facilities, and group homes. By clearly defining which individuals are considered relatives for the purpose of insurable interest, the bill seeks to create a more secure environment for vulnerable populations, ensuring that their care is motivated by compassion rather than financial gain. This amendment will be effective starting January 1, 2026, for all life insurance policies delivered or renewed thereafter.

Summary

House Bill 1041 addresses the insurable interest of certain individuals providing care to persons with disabilities, specifically in relation to life insurance policies. The bill establishes that caregivers, including those working in various care facilities, have no insurable interest in the life of an individual unless they are a relative. This change aims to prevent potential conflicts of interest and protect individuals with disabilities from undue influence regarding financial benefits from their life insurance policies.

Sentiment

Overall sentiment towards HB 1041 has been positive, emphasizing the importance of safeguarding individuals with disabilities from potential exploitation. Supporters of the bill, including advocacy groups for the disabled and various legislative members, view this as a necessary reform to enhance protections and establish clear guidelines. The unanimous vote during the legislative process reflects a strong consensus on the need to address these sensitive issues within the caregiving context.

Contention

While the bill has garnered support for its protective intentions, there may be some contention surrounding the definitions of 'relative' and what constitutes a caregiving role, leading to possible ambiguities in implementation. Opponents have raised concerns that depending on specific familial relationships may exclude some caregivers from these benefits, potentially impacting the caregiving landscape in Texas. Nevertheless, the primary focus remains on ensuring that the insurable interest in life insurance does not incentivize caregivers improperly.

Texas Constitutional Statutes Affected

Insurance Code

  • Chapter 1103. Life Insurance Policy Beneficiaries
    • Section: New Section

Government Code

  • Chapter 573. Degrees Of Relationship; Nepotism Prohibitions
    • Section: New Section
    • Section: New Section
    • Section: New Section

Health And Safety Code

  • Chapter 531. Provisions Generally Applicable To Mental Health And Intellectual Disability Services
    • Section: 002
    • Section: 002
  • Chapter 247. Assisted Living Facilities
    • Section: New Section
    • Section: New Section
  • Chapter 252. Intermediate Care Facilities For Individuals With An Intellectual Disability
    • Section: New Section
    • Section: New Section
  • Chapter 591. General Provisions
    • Section: 003
    • Section: 003

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.