Bill Text: TX HB317 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to prohibiting discrimination against living organ donors by certain insurers.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2021-05-24 - Effective on 9/1/21 [HB317 Detail]
Download: Texas-2021-HB317-Enrolled.html
| H.B. No. 317 | ||
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| 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 | ||
