Monitoring the Session

SB 1238

Insurers can’t drop or reprice widowed customers

Became law, effective Sep 1, 2025

Verdict: No flags

No flagsInitial review
Sen. Lois KolkhorstRSenate 18

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse.

Caption from analyzed text · version I.

Summary

Same coverage, same rate as if still married.

The bill bars insurers from dropping, limiting, or refusing to continue coverage for someone because their spouse died. It also bars insurers from charging a widowed person a different rate than they would charge that person if still married. It covers insurers in Texas and their widowed customers, and it applies to policies delivered, issued, or renewed on or after September 1, 2025.

Receipt

The receipt

89R-SB1238 · 2025-02-12

SOLD BY

+ 5 coauthors

ITEM

relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse.

WHAT IT DOES

Same coverage, same rate as if still married.

The bill bars insurers from dropping, limiting, or refusing to continue coverage for someone because their spouse died. It also bars insurers from charging a widowed person a different rate than they would charge that person if still married. It covers insurers in Texas and their widowed customers, and it applies to policies delivered, issued, or renewed on or after September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 2, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Business & Commerce
  5. Co-author authorized
  6. Scheduled for public hearing on . . .
  7. Considered in public hearing
  8. Testimony taken in committee
  9. Left pending in committee
  10. Considered in public hearing
  11. Vote taken in committee
  12. Reported favorably w/o amendments
  13. Recommended for local & uncontested calendar
  14. Committee report printed and distributed
  15. Co-author authorized
  16. Co-author authorized
  17. Placed on local & uncontested calendar
  18. Laid before the Senate
  19. Read 2nd time & passed to engrossment
  20. Vote recorded in Journal
  21. Three day rule suspended
  22. Record vote
  23. Read 3rd time
  24. Passed
  25. Record vote
  26. Reported engrossed
  27. Received from the Senate
  28. Read first time
  29. Referred to Insurance
  30. Considered in formal meeting
  31. Reported favorably w/o amendment(s)
  32. Comte report filed with Committee Coordinator
  33. Committee report distributed
  34. Committee report sent to Calendars
  35. Laid out in lieu of companion HB 1809
  36. Read 2nd time
  37. Passed to 3rd reading
  38. Record vote RV#1164
  39. Statement(s) of vote recorded in Journal
  40. Rules suspended
  41. Additional sponsor(s) authorized
  42. Read 3rd time
  43. Amended 1-Morgan and Hernandez
  44. Passed as amended
  45. Record vote RV#1345
  46. Statement(s) of vote recorded in Journal
  47. House passage as amended reported
  48. House amendment(s) laid before the Senate
  49. Read
  50. Senate concurs in House amendment(s)
  51. Record vote
  52. Reported enrolled
  53. Senate concurs in House amendment(s)-reported
  54. Signed in the Senate
  55. Signed in the House
  56. Sent to the Governor
  57. Signed by the Governor
  58. Effective on 9/1/25
FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 120 yea · 1 nay

Senate · 30 yea · 0 nay

Sources

House: Final passage · May 2, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Apr 10, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 11, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$60,000.00

Texans for Lawsuit Reform PAC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Nov 19, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101007416, 101012417, 101070754.

Border Health PAC$35,000.00

Border Health PAC

$35,000.00

Cash
$35,000.00
Paid by others
$0.00
Total
$35,000.00

Also funds 17 other sitting lawmakers.

Derived recipient stock · Oct 28, 2024 to Aug 26, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Dec 6, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012417.

SRR Ranches, LLC$30,000.00

SRR Ranches, LLC

$30,000.00

Cash
$30,000.00
Paid by others
$0.00
Total
$30,000.00

Also funds 3 other sitting lawmakers.

Derived recipient stock · Oct 23, 2024 to Oct 8, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Oct 23, 2024 to Oct 1, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012417, 101070754.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$60,000.00

Cash
$60,000.00
Paid by others
$0.00
Total
$60,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Nov 19, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101007416, 101012417, 101070754.

×

Border Health PAC

$35,000.00

Cash
$35,000.00
Paid by others
$0.00
Total
$35,000.00

Also funds 17 other sitting lawmakers.

Derived recipient stock · Oct 28, 2024 to Aug 26, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Dec 6, 2024. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012417.

×

SRR Ranches, LLC

$30,000.00

Cash
$30,000.00
Paid by others
$0.00
Total
$30,000.00

Also funds 3 other sitting lawmakers.

Derived recipient stock · Oct 23, 2024 to Oct 8, 2026. State data as of Nov 4, 2026.

Name match, not a verified identity: normalized filed name and state.

Sources

Derived itemized flow · Oct 23, 2024 to Oct 1, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101012417, 101070754.

Votes6

Senate May 7, 2025

Yea
31
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

Sources

Senator Kolkhorst moved to concur in the House amendment to SB 1238. The motion prevailed by the following vote: Yeas 31, Nays 0.

Published stock of positions for this vote, except where marked derived.

  • Yea: 31 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

House May 2, 2025

Yea
120
Nay
1
Present, not voting
1
Absent
6
Excused
22
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1345

SB 1238, as amended, was passed by (Record 1345): 120 Yeas, 1 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 120 (published)
  • Nay: 1 (published)
  • Present, not voting: 1 (published)
  • Absent: 6 (derived from named list)
  • Excused: 22 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 1, 2025

Yea
139
Nay
0
Present, not voting
2
Absent
4
Excused
5
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1164

SB 1238 was passed to third reading by (Record 1164): 139 Yeas, 0 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 139 (published)
  • Nay: 0 (published)
  • Present, not voting: 2 (published)
  • Absent: 4 (derived from named list)
  • Excused: 5 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate Apr 10, 2025

Final passage

Yea
30
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records final passage. Repeated tallies belong to separate votes.

Sources

SB 1238 (Kolkhorst, Middleton) Relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse. (viva voce vote) (30-0) (30-0)

Published stock of positions for this vote, except where marked derived.

  • Yea: 30 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 10, 2025

Suspension of the three-day rule

Yea
30
Nay
0
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records suspension of the three-day rule. Repeated tallies belong to separate votes.

Sources

SB 1238 (Kolkhorst, Middleton) Relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse. (viva voce vote) (30-0) (30-0)

Published stock of positions for this vote, except where marked derived.

  • Yea: 30 (published)
  • Nay: 0 (published)
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 10, 2025

Passage to engrossment

Yea
Not printed
Nay
Not printed
Present, not voting
Not printed
Absent
Not printed
Excused
Not printed
Names

Senate journal

Names were not printed. No individual positions are inferred.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records passage to engrossment. Repeated tallies belong to separate votes.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

SB 1238 (Kolkhorst, Middleton) Relating to prohibited insurance discrimination on the basis of an insured's marital status following the death of the insured's spouse. (viva voce vote) (30-0) (30-0)

Published stock of positions for this vote, except where marked derived.

  • Yea: Not printed
  • Nay: Not printed
  • Present, not voting: Not printed
  • Absent: Not printed
  • Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses17
For
13
Against
0
On
4
Names

For

  • AARP Texas1 registration
  • Baptist General Convention of Texas Christian Life Commission1 registration
  • Hochheim Praire Fam Mutual1 registration
  • Self2 registrations
  • Texas Appleseed1 registration
  • Texas Consumer Association1 registration
  • Texas Farm Bureau Insurance1 registration
  • Texas Realtors1 registration
  • Texas Watch1 registration
  • The Texas Catholic Conference of Bishops1 registration
  • United Ways of Texas2 registrations

On

  • American Property Casualty Insurance Association1 registration
  • Insurance Council of Texas1 registration
  • Texas Department of Insurance2 registrations
Sources

17 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 2, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas Senate · Filed Feb 12, 2025

05/20/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors
Sponsors
Cosponsors

House committee · Insurance · Committee vote 8 aye, 0 nay, 1 absent · Out of committee

Senate committee · Business & Commerce · Committee vote 11 aye, 0 nay · Out of committee

Companion

HB 1809 by Hernandez (similar)

HB 4392 by Morgan (identical)

Subjects

Family--Marriage Relationship

Insurance--General

Insurance--Motor Vehicles

Text

The text as introduced · 235 words

89R8746 RDS-D

By: Kolkhorst, Middleton
S.B. No. 1238

A BILL TO BE ENTITLED

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 Subsection (d) 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.

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.