SB 2250
AN ACT relating to disclosure of a beneficiary to a funeral director under
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to Senate committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to disclosure of a beneficiary to a funeral director under
Subject Areas
Bill Text
relating to disclosure of a beneficiary to a funeral director under BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 1103, Insurance Code, is amended by adding Subchapter E to read as follows: SUBCHAPTER E. DISCLOSURE TO FUNERAL DIRECTOR Sec. 1103.201. DEFINITIONS. In this subchapter: (1) "Funeral director" has the meaning assigned by Section 651.001, Occupations Code. (2) "Heir" and "personal representative" have the meanings assigned by Chapter 22, Estates Code. Sec. 1103.202. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies only to a life insurance policy with a death benefit in an amount of not more than $15,000 issued in this state (1) a legal reserve life insurance company; (2) a mutual assessment life insurance company; (3) a stipulated premium life insurance company; (5) a fraternal benefit society. (b) This subchapter applies only to a funeral director who: (1) is directing a decedent's funeral in this state; (2) is provided reasonably sufficient information by an heir, an heir's representative, or the personal representative of the decedent that the decedent is or may be an insured under a (3) needs information from the issuer of the life insurance policy because an heir, heir's representative, or personal representative of the decedent is unaware or unable to (A) whether the decedent was the owner of a life (B) the identity of the designated beneficiary Sec. 1103.203. REQUEST FOR DISCLOSURE BY FUNERAL DIRECTOR. (a) A funeral director to whom this subchapter applies may request a disclosure in accordance with this section from a life insurer to which this subchapter applies if the director has obtained written consent from an heir, an heir's representative, or the personal representative of the decedent for the director to contact a specific life insurer concerning designated beneficiaries in a policy insuring the life of the decedent. (b) The written consent described by Subsection (a) must (1) the name and address of the heir, heir's representative, or personal representative providing consent; (2) a brief statement of the facts establishing knowledge as to the family and nearest relatives of the decedent; (3) a brief statement of facts describing the basis for the belief the decedent was or may have been an insured under a life insurance policy with a particular life insurer; and (4) a brief statement of facts concerning whether the decedent was or may have been the owner of the policy. (c) A funeral director shall provide a copy of the written consent to the life insurer requested to provide information under Sec. 1103.204. DISCLOSURE BY LIFE INSURER. (a) Except as provided by Subsection (b), a life insurer shall provide a written disclosure of the designated beneficiary of a life insurance policy owned by the decedent for which a funeral director requests information under Section 1103.203. The insurer shall provide the disclosure not later than the fifth day after the date the insurer (b) A life insurer may not disclose the designated beneficiary of a life insurance policy insuring the life of a decedent if the decedent is not the owner of the policy unless the life insurer receives the written consent of the owner to provide the disclosure. The insurer may advise a funeral director who requests information under Section 1103.203 that the decedent is Sec. 1103.205. CONSTRUCTION OF SUBCHAPTER. This subchapter (1) require a life insurer to disclose the owner or designated beneficiary of a life insurance policy insuring the life of a decedent that is not owned by the decedent without the owner's (2) establish a right of the funeral director or assignee of the funeral director to benefits under a life insurance policy unless the designated beneficiary of the policy has executed a written assignment of benefits to the funeral director; or (3) establish any determination that benefits are payable under the terms of the applicable life insurance policy. Sec. 1103.206. LIMITATION OF LIABILITY. A life insurer is not subject to civil liability or administrative action by making an authorized disclosure under this subchapter. SECTION 2. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to disclosure of a beneficiary to a funeral director under
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