85R7091 SCL-F
By: Springer H.B. No. 1936
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain transactions between a
governmental entity and an abortion facility or affiliate of the
facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 10, Government Code, is
amended by adding Chapter 2270 to read as follows:
CHAPTER 2270. PROHIBITED TRANSACTIONS
Sec. 2270.001. DEFINITIONS. In this chapter:
(1) "Affiliate" means a person that has a legal
relationship with another person that is created or governed by at
least one written instrument, including a certificate of formation,
a franchise agreement, standards of affiliation, bylaws, or a
license, that demonstrates:
(A) common ownership, management, or control;
(B) a franchise; or
(C) the granting or extension of a license or
other agreement that authorizes the person to use the other
person's brand name, trademark, service mark, or other registered
identification mark.
(2) "Elective abortion" means an abortion that is not
medically necessary to save the life of the pregnant female on whom
the abortion is performed.
(3) "Governmental entity" means this state, a state
agency in the executive, judicial, or legislative branch of state
government, or a political subdivision of this state.
(4) "Taxpayer resource transaction" means a sale,
purchase, lease, donation of money, goods, services, or real
property, or any other transaction between a governmental entity
and a private entity that provides to the private entity something
of value derived directly or indirectly from state or local tax
revenue, regardless of whether the governmental entity receives
something of value in return. The term does not include the
provision of basic governmental services, including fire and police
protection.
Sec. 2270.002. ABORTION PROVIDER AND AFFILIATE
TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
Subsection (b), a governmental entity may not enter into a taxpayer
resource transaction with an abortion facility licensed under
Chapter 245, Health and Safety Code, that performs elective
abortions or an affiliate of the facility that performs elective
abortions.
(b) This section does not apply to a taxpayer resource
transaction that involves a federal law that conflicts with
Subsection (a) as determined by the executive commissioner of the
Health and Human Services Commission.
Sec. 2270.003. INJUNCTION. (a) The attorney general may
bring an action in the name of the state to enjoin a violation of
Section 2270.002. The attorney general may recover reasonable
attorney's fees and costs incurred in bringing an action under this
subsection.
(b) Sovereign or governmental immunity, as applicable, of a
governmental entity to suit and from liability is waived to the
extent of liability created by Subsection (a).
SECTION 2. Chapter 2270, Government Code, as added by this
Act, applies only to a contract entered into on or after the
effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.