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2025 · Regular session · House bill
HB1041
HB1041 says a person providing care to an individual with a disability, including an intellectual disability, in specified residential settings has no direct or indirect insurable interest in that individual's life unless the car…
Official caption: Relating to the insurable interest of certain persons providing care to individuals with disabilities in the life of those individuals.
Official report lists House author(s): Turner, Garcia, Josey, Noble, Davis, Aicha. This does not identify sponsors or amendment drafters.
Bill explanation published · Version and amendment review scope is stated below · Individual amendment records may not be separately annotated.
Bill highlights
Selected points from the published explanation. Follow each point to its source-linked context; conditions and limits may matter.
- HB1041 says a person providing care to an individual with a disability, including an intellectual disability, in specified residential settings has no direct or indirect insurable interest in that individual's life unless the caregiver is a qualifying relative.
- The covered settings are state supported living centers, assisted living facilities licensed under Health and Safety Code Chapter 247, intermediate care facilities licensed under Chapter 252, and group homes as defined in Section 591.003.
- The family exception covers relationships within the third degree by blood or marriage, calculated under Government Code Chapter 573.
- The law took effect immediately when signed May 29, 2025, but the new restriction applies only to policies delivered, issued for delivery, or renewed on or after January 1, 2026.
What does it do?
HB1041 says a person providing care to an individual with a disability, including an intellectual disability, in specified residential settings has no direct or indirect insurable interest in that individual’s life unless the caregiver is a qualifying relative. An insurable interest is the legally recognized connection supporting an interest in insurance on someone else’s life. The change limits that connection for covered caregivers; it does not prohibit the individual from having life insurance.
The covered settings are state supported living centers, assisted living facilities licensed under Health and Safety Code Chapter 247, intermediate care facilities licensed under Chapter 252, and group homes as defined in Section 591.003. That group-home definition is specific: a department- or community-center-operated residential arrangement, other than a residential care facility, where no more than 15 people with an intellectual disability live voluntarily under appropriate supervision. The bill is not a blanket restriction on every caregiver in every private home. It applies to life policies issued under Insurance Code Chapter 1101, notwithstanding the narrower insurer categories in Section 1103.051. Final law · Group-home definition · Existing insurance provisions · Chapter 1101
The family exception covers relationships within the third degree by blood or marriage, calculated under Government Code Chapter 573. Adopted children count as children; blood relationships within that limit include parents, children, siblings, grandparents, grandchildren, great-grandparents, great-grandchildren, aunts, uncles, nieces and nephews—not first cousins. The statute also specifies how marriage relationships are counted. Relationship rules
The law took effect immediately when signed May 29, 2025, but the new restriction applies only to policies delivered, issued for delivery, or renewed on or after January 1, 2026. Do not confuse the effective date with this policy-application date. Official history
What changed along the way?
The introduced and House committee versions used September 1, 2025 as the effective date. Representative Candy Noble’s adopted House amendment added the two-thirds-vote provision allowing immediate effect. The recorded votes met that threshold. It did not move the January 1, 2026 policy-application date.
That is the only indexed amendment, adopted April 22, 2025. The engrossed, Senate committee and final operative texts match. The caregiver restriction, covered facilities and family exception were already in the original bill. Introduced text · House committee text · Adopted amendment · Engrossed text · Senate committee text · Amendment index
For the full amendment record, open the official amendment index.
Official bill versions
Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.
Who could benefit—and who could bear the costs?
Residents with disabilities and their families may benefit from reducing financial conflicts between a caregiver’s care duties and an interest in the resident’s death benefit. Nonrelative caregivers lose the covered insurable interest; insurers and affected policyholders must account for the restriction and the renewal date. The family exception means this is not a ban on qualifying family caregivers’ interests. The bill does not itself create a new criminal penalty or make every earlier policy automatically void on the signing date.
Both Legislative Budget Board notes anticipated no significant state fiscal impact, assuming costs could be absorbed with existing resources, and no local-government fiscal impact. They do not quantify private compliance costs or establish that abuse will be eliminated. Introduced fiscal note · Engrossed fiscal note
Official sources
- Bill history and latest recorded action
- Bill versions, analyses and fiscal notes
- Action history and votes
- Amendment index
Catalog report retrieved 2026-10-25. Check the official record for corrections or later changes.