| 1 | 1 | | 85R22027 SCL-F |
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| 2 | 2 | | By: Springer, Cook, Capriglione, Burkett, H.B. No. 1936 |
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| 3 | 3 | | Shine, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 1936: |
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| 5 | 5 | | By: Cook C.S.H.B. No. 1936 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to prohibiting certain transactions between a |
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| 11 | 11 | | governmental entity and an abortion provider or affiliate of the |
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| 12 | 12 | | provider. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subtitle F, Title 10, Government Code, is |
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| 15 | 15 | | amended by adding Chapter 2270 to read as follows: |
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| 16 | 16 | | CHAPTER 2270. PROHIBITED TRANSACTIONS |
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| 17 | 17 | | Sec. 2270.001. DEFINITIONS. In this chapter: |
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| 18 | 18 | | (1) "Abortion" means an act or procedure performed |
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| 19 | 19 | | after pregnancy has been medically verified and with the intent to |
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| 20 | 20 | | cause the termination of a pregnancy other than for the purpose of |
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| 21 | 21 | | either the birth of a live fetus or removing a dead fetus. The term |
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| 22 | 22 | | does not include birth control devices or oral contraceptives. |
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| 23 | 23 | | (2) "Abortion provider" means: |
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| 24 | 24 | | (A) a facility licensed under Chapter 245, Health |
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| 25 | 25 | | and Safety Code; or |
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| 26 | 26 | | (B) an ambulatory surgical center licensed under |
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| 27 | 27 | | Chapter 243, Health and Safety Code, that is used substantially for |
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| 28 | 28 | | the purpose of performing abortions. |
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| 29 | 29 | | (3) "Affiliate" means a person or entity who has a |
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| 30 | 30 | | legal relationship with another person or entity that is created or |
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| 31 | 31 | | governed by at least one written instrument, including a |
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| 32 | 32 | | certificate of formation, a franchise agreement, standards of |
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| 33 | 33 | | affiliation, bylaws, or a license, that demonstrates: |
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| 34 | 34 | | (A) common ownership, management, or control; |
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| 35 | 35 | | (B) a franchise; or |
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| 36 | 36 | | (C) the granting or extension of a license or |
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| 37 | 37 | | other agreement authorizing the person or entity to use the other |
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| 38 | 38 | | person's or entity's brand name, trademark, service mark, or other |
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| 39 | 39 | | registered identification mark. |
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| 40 | 40 | | (4) "Governmental entity" means this state, a state |
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| 41 | 41 | | agency in the executive, judicial, or legislative branch of state |
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| 42 | 42 | | government, or a political subdivision of this state. |
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| 43 | 43 | | (5) "Taxpayer resource transaction" means a sale, |
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| 44 | 44 | | purchase, lease, donation of money, goods, services, or real |
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| 45 | 45 | | property, or any other transaction between a governmental entity |
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| 46 | 46 | | and a private entity that provides to the private entity something |
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| 47 | 47 | | of value derived directly or indirectly from state or local tax |
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| 48 | 48 | | revenue, regardless of whether the governmental entity receives |
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| 49 | 49 | | something of value in return. The term does not include the |
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| 50 | 50 | | provision of basic governmental services, including fire and police |
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| 51 | 51 | | protection. |
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| 52 | 52 | | Sec. 2270.002. APPLICABILITY. For purposes of this |
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| 53 | 53 | | chapter, a facility is not considered to be an abortion provider |
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| 54 | 54 | | solely on the basis that an abortion is performed at the facility |
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| 55 | 55 | | during a medical emergency in accordance with Section 245.016, |
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| 56 | 56 | | Health and Safety Code. |
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| 57 | 57 | | Sec. 2270.003. ABORTION PROVIDER AND AFFILIATE |
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| 58 | 58 | | TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by |
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| 59 | 59 | | Subsection (b), a governmental entity may not enter into a taxpayer |
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| 60 | 60 | | resource transaction or contract with an abortion provider or an |
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| 61 | 61 | | affiliate of an abortion provider. |
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| 62 | 62 | | (b) This section does not apply to a taxpayer resource |
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| 63 | 63 | | transaction that involves a federal law that conflicts with |
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| 64 | 64 | | Subsection (a) as determined by the executive commissioner of the |
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| 65 | 65 | | Health and Human Services Commission and confirmed in writing by |
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| 66 | 66 | | the attorney general. |
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| 67 | 67 | | Sec. 2270.004. INJUNCTION. (a) The attorney general may |
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| 68 | 68 | | bring an action in the name of the state to enjoin a violation of |
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| 69 | 69 | | Section 2270.003. The attorney general may recover reasonable |
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| 70 | 70 | | attorney's fees and costs incurred in bringing an action under this |
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| 71 | 71 | | subsection. |
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| 72 | 72 | | (b) Sovereign or governmental immunity, as applicable, of a |
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| 73 | 73 | | governmental entity to suit and from liability is waived to the |
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| 74 | 74 | | extent of liability created by Subsection (a). |
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| 75 | 75 | | SECTION 2. Chapter 2270, Government Code, as added by this |
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| 76 | 76 | | Act, applies only to a taxpayer resource transaction or contract |
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| 77 | 77 | | entered into on or after the effective date of this Act. |
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| 78 | 78 | | SECTION 3. This Act takes effect immediately if it receives |
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| 79 | 79 | | a vote of two-thirds of all the members elected to each house, as |
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| 80 | 80 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 81 | 81 | | Act does not receive the vote necessary for immediate effect, this |
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| 82 | 82 | | Act takes effect September 1, 2017. |
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