Signed Into Law
Signed May 20, 2025Effective 2025-09-01
SB1238

Regular Session

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

Government Affairs & Regulatory Compliance Analysis

Business Impact

Who SB1238 Affects

Regulatory Priority: critical

Significant regulatory changes (effective 2025-09-01). Review with your legal and compliance teams to understand implications.

Estimated Cost Impact

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Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Immediate Action Plan

Operational Changes Required

Strategic Ambiguities & Considerations

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Quick Reference

Frequently Asked Questions

Common questions about SB1238

Q

What does Texas SB1238 do?

SB1238 mandates that effective September 1, 2025, insurers must treat widowed individuals as married for the purposes of underwriting and rating, effectively banning the "widow penalty. " This legislation impacts all Property & Casualty, Life, and Title insurers in Texas, requiring immediate reconfiguration of rating algorithms to ensure surviving spouses do not revert to higher "Single" rate tiers.

Q

Who authored SB1238?

SB1238 was authored by Texas Senator Lois Kolkhorst during the Regular Session.

Q

When was SB1238 signed into law?

SB1238 was signed into law by Governor Greg Abbott on May 20, 2025.

Q

Which agencies enforce SB1238?

SB1238 is enforced by Texas Department of Insurance.

Q

How significant are the changes in SB1238?

The regulatory priority for SB1238 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB1238?

The cost impact of SB1238 is estimated as "medium". This may vary based on industry and implementation requirements.

Q

What topics does SB1238 address?

SB1238 addresses topics including family, family--marriage relationship, insurance, insurance--general and insurance--motor vehicles.

Q

What are the key dates for SB1238?

Key dates for SB1238: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

Which Texas businesses are affected by SB1238?

SB1238 primarily affects insurance companies and financial institutions. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Legislative data provided by LegiScanLast updated: January 11, 2026