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Texas Legislature· SB 1238Effective on 9/1/25

Relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse, the official text

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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
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