SB1238 - Relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse.

      S.B. No. 1238         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 Subsections (d) and (e) 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.           (e)     Subsection (d) may not be construed to prohibit a title   insurance company or title insurance agent from imposing a   reasonable requirement on a widowed insured or widowed individual   seeking insurance coverage for the purpose of determining heirship,   probate matters, or other similar issues in the same manner as an   insured or individual who is not widowed.            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.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1238 passed the Senate on   April 10, 2025, by the following vote: Yeas 30, Nays 0; and that   the Senate concurred in House amendment on May 7, 2025, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1238 passed the House, with   amendment, on May 2, 2025, by the following vote: Yeas 121, Nays 1,   one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor