Sec. 544.002. UNFAIR DISCRIMINATION. (a) A person may not refuse to insure or provide coverage to an individual, refuse to continue to insure or provide coverage to an individual, limit the amount, extent, or kind of coverage available for an individual, or charge an individual a rate that is different from the rate charged to other individuals for the same coverage because of the individual's:
(1) race, color, religion, or national origin;
(2) age, gender, marital status, or geographic location; or
(3) disability or partial disability.
(b) Subsection (a)(2) does not prohibit an insurer or health maintenance organization from considering marital status in defining persons eligible for dependent benefits.
(c) Subsection (a) does not prevent requirements to provide title insurance coverage relating to possible community, homestead, or other marital rights in land.
(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.
(e) Subsection (d) may not be construed to prohibit a title insurance company or title insurance agent from imposing a reasonable requirement on a widowed insured or widowed individual seeking insurance coverage for the purpose of determining heirship, probate matters, or other similar issues in the same manner as an insured or individual who is not widowed.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 91 (S.B. 1238), Sec. 1, eff. September 1, 2025.
Notes of Decisions
Ojo v. Farmers Grp., Inc., 356 S.W.3d 421 (Tex. 2011).
· cites it 6× “§§ 3601-19 , absent a legally sufficient nondiscriminatory reason, or would using such a credit-score factor violate Texas Insurance Code sections 544.002(a), 559.”
Ojo v. Farmers Grp., Inc., 565 F.3d 1175 (9th Cir. 2009).
· cites it 6× “" Tex. Ins.Code § 544.002. This general prohibition, read together with Texas Insurance Code's "broad ban against discriminatory insurance practices," Tex.”
Ojo v. Farmers Grp., Inc., 600 F.3d 1201 (9th Cir. 2010).
· cites it 2× “§§ 3601-19 , absent a legally sufficient nondiscriminatory reason, or would using such a credit-score factor violate Texas Insurance Code sections 544.002(a), 559.”
Tatiyana Geneva Altecor v. United Prop. & Cas. Ins. Co. (Tex. App. 2022).
· cites it 3× “In addition, Altecor alleged the settlement “limited the amount of benefits or kind of coverage available for [her] because of [her] gender” and “failed to provide policy benefits to the woman-policyholder, to perform investigation and defense assistance” in violation of Texas…”
Ojo v. Farmers Grp., Inc. (9th Cir. 2009).
· cites it 3× “” Tex. Ins. Code § 544.002. This general prohibition, read together with Texas Insurance Code’s “broad ban against discriminatory insurance practices,” Tex.”
Tex. Ins. Code § 544.002(a): 4 cases
Ojo v. Farmers Grp., Inc., 356 S.W.3d 421 (Tex. 2011).
“§§ 3601-19 , absent a legally sufficient nondiscriminatory reason, or would using such a credit-score factor violate Texas Insurance Code sections 544.002(a), 559.”
Ojo v. Farmers Grp., Inc., 565 F.3d 1175 (9th Cir. 2009).
“" Tex. Ins.Code § 544.002. This general prohibition, read together with Texas Insurance Code's "broad ban against discriminatory insurance practices," Tex.”
Ojo v. Farmers Grp., Inc., 600 F.3d 1201 (9th Cir. 2010).
“§§ 3601-19 , absent a legally sufficient nondiscriminatory reason, or would using such a credit-score factor violate Texas Insurance Code sections 544.002(a), 559.”
Ojo v. Farmers Grp., Inc. (9th Cir. 2009).
“” Tex. Ins. Code § 544.002. This general prohibition, read together with Texas Insurance Code’s “broad ban against discriminatory insurance practices,” Tex.”
Tex. Ins. Code § 544.002(a)(1): 2 cases
Ojo v. Farmers Grp., Inc., 356 S.W.3d 421 (Tex. 2011).
“§§ 3601-19 , absent a legally sufficient nondiscriminatory reason, or would using such a credit-score factor violate Texas Insurance Code sections 544.002(a), 559.”
Ojo v. Farmers Grp., Inc., 600 F.3d 1201 (9th Cir. 2010).
“§§ 3601-19 , absent a legally sufficient nondiscriminatory reason, or would using such a credit-score factor violate Texas Insurance Code sections 544.002(a), 559.”
Tex. Ins. Code § 544.002(a)(2): 1 case
Tatiyana Geneva Altecor v. United Prop. & Cas. Ins. Co. (Tex. App. 2022).
“In addition, Altecor alleged the settlement “limited the amount of benefits or kind of coverage available for [her] because of [her] gender” and “failed to provide policy benefits to the woman-policyholder, to perform investigation and defense assistance” in violation of Texas…”
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