By: Kolkhorst, et al. S.B. No. 1238
A BILL TO BE ENTITLED
AN ACT
relating to prohibited insurance discrimination on the basis of an
insured's marital status following the death of the insured's
spouse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 544.002, Insurance Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding Section 544.003, an insurer may not:
(1) refuse to continue to insure or provide coverage
to an individual or limit the amount, extent, or kind of coverage
available to an individual because the individual is widowed or the
individual's marital status otherwise reflects the death of a
spouse; or
(2) charge an individual who is widowed or whose
marital status otherwise reflects the death of a spouse a rate that
is different from the rate that would be charged if the individual's
marital status was married.
SECTION 2. The change in law made by this Act does not apply
to an insurance policy that is delivered, issued for delivery, or
renewed before the effective date of this Act. An insurance policy
that is delivered, issued for delivery, or renewed before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.