By: Murr, Buckley, Guillen (Senate Sponsor - Miles) H.B. No. 317
         (In the Senate - Received from the House April 12, 2021;
  April 13, 2021, read first time and referred to Committee on
  Business & Commerce; May 5, 2021, reported favorably by the
  following vote:  Yeas 7, Nays 0; May 5, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  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.
 
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