89R181 SCL-D     By: Kolkhorst S.B. No. 2250       A BILL TO BE ENTITLED   AN ACT   relating to disclosure of a beneficiary to a funeral director under   a life insurance policy.          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   by:                (1)  a legal reserve life insurance company;                (2)  a mutual assessment life insurance company;                (3)  a stipulated premium life insurance company;                (4)  a burial association; or                (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   life insurance policy; and                (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   provide information on:                      (A)  whether the decedent was the owner of a life   insurance policy; or                      (B)  the identity of the designated beneficiary   under the policy.          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   include:                (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   this section.          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   receives the request.          (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   not the owner of the policy.          Sec. 1103.205.  CONSTRUCTION OF SUBCHAPTER. This subchapter   may not be construed to:                (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   written consent;                (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.