HB 3960 Texas House · 89th Legislature (2025)

Relating to the effect of certain misrepresentations on certain insurance policies.

HB 3960 modifies Texas insurance law to limit how insurers can void policies based on misrepresentations in applications. It states that policy clauses claiming false statements make policies void have no legal effect unless the misrepresentation was material to the risk or contributed to the event triggering the claim. This directly affects policyholders (especially in life, accident, and health insurance) and insurers, as it prevents insurers from using minor inaccuracies to deny valid claims. The bill clarifies that only significant misrepresentations affecting the risk can justify voiding a policy or denying payment.
Sub-Topics: Insurance
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
Governor
Introduced Mar 27, 2025 Last action May 15, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 6 edits · May 2, 2025
MODERATE
This bill updates Texas Insurance Code Chapter 705 to clarify how misrepresentations in insurance applications are handled, particularly regarding fraud standards and contestability periods. The changes aim to align legal standards with modern insurance practices by specifying when misrepresentations can be used to deny claims versus when they cannot.
Scope change
The bill maintains the same overall scope of regulating insurance misrepresentations but modifies specific sections to clarify fraud requirements and contestability rules for life insurance policies.
REQUIREMENT

Section 705.002(b) was modified to require that misrepresentations be fraudulently made and material to the insurer's liability, rather than just material to the risk.

Section 705.003(b) was changed to require trier of fact determination that misrepresentations were fraudulently made before they can be used as a defense.

Section 705.104 was updated to require that misrepresentations be intentionally made to allow policy rescission after the contestability period.

TIMELINE

Section 705.105 was modified to clarify that policies with incontestable provisions or paid premiums are exempt from certain misrepresentation rules.

Section 10 was added to establish that the new law applies only to policies delivered, issued, or renewed on or after January 1, 2026, with grandfathering for earlier policies.

Section 11 was added to set the effective date of the Act as September 1, 2025.

Floor votes · House May 2, 2025

How they voted

1229
Passed · 13 other
Total votes 144
May 2, 2025
D Democratic59
44 Yea 8 Nay 7
74% Yea
R Republican85
78 Yea 1 Nay 6
91% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
10
Committee
9
Amendments
2
May 15, 2025
Upper · Passed
Left pending in committee
upper
May 15, 2025
Upper · Passed
Testimony taken in committee
upper
May 5, 2025
Committee
Referred to Business & Commerce
upper
May 5, 2025
Introduced
Read first time
upper
May 5, 2025
Introduced
Received from the House
upper
May 2, 2025
Lower · Passed
Passed
lower
May 1, 2025
Lower · Passed
Passed to engrossment as amended
lower
May 1, 2025
Lower · Passed
Amended
lower
Apr 25, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 23, 2025
Lower · Passed
Committee report distributed
lower
Apr 16, 2025
Lower · Passed
Reported favorably w/o amendment(s)
lower
Apr 9, 2025
Lower · Passed
Left pending in committee
lower
Apr 9, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 27, 2025
Committee
Referred to Insurance
lower
Mar 27, 2025
Introduced
Read first time
lower
2 primary · 0 co-sponsors

Sponsors