85R22027 SCL-F
By: Springer, Cook, Capriglione, Burkett, H.B. No. 1936
Shine, et al.
Substitute the following for H.B. No. 1936:
By: Cook C.S.H.B. No. 1936
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain transactions between a
governmental entity and an abortion provider or affiliate of the
provider.
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) "Abortion" means an act or procedure performed
after pregnancy has been medically verified and with the intent to
cause the termination of a pregnancy other than for the purpose of
either the birth of a live fetus or removing a dead fetus. The term
does not include birth control devices or oral contraceptives.
(2) "Abortion provider" means:
(A) a facility licensed under Chapter 245, Health
and Safety Code; or
(B) an ambulatory surgical center licensed under
Chapter 243, Health and Safety Code, that is used substantially for
the purpose of performing abortions.
(3) "Affiliate" means a person or entity who has a
legal relationship with another person or entity 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 authorizing the person or entity to use the other
person's or entity's brand name, trademark, service mark, or other
registered identification mark.
(4) "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.
(5) "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. APPLICABILITY. For purposes of this
chapter, a facility is not considered to be an abortion provider
solely on the basis that an abortion is performed at the facility
during a medical emergency in accordance with Section 245.016,
Health and Safety Code.
Sec. 2270.003. 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 or contract with an abortion provider or an
affiliate of an abortion provider.
(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 and confirmed in writing by
the attorney general.
Sec. 2270.004. INJUNCTION. (a) The attorney general may
bring an action in the name of the state to enjoin a violation of
Section 2270.003. 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 taxpayer resource transaction or 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.