85R11639 YDB-F
By: Cain H.B. No. 3544
A BILL TO BE ENTITLED
AN ACT
relating to prohibited state contracts with vendors that perform
elective abortions, destructive embryonic stem cell research, or
human cloning or that conduct research on human fetal tissue.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2155, Government Code, is
amended by adding Section 2155.0061 to read as follows:
Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS
FROM CERTAIN VENDORS. (a) In this section:
(1) "Abortion" has the meaning assigned by Section
171.002, Health and Safety Code.
(2) "Affiliate" means an entity or individual that has
a legal relationship with another entity or individual created or
governed by at least one written document.
(3) "Destructive embryonic stem cell research" means
any research that involves the destruction or disaggregation of a
human embryo.
(4) "Human cloning" means the use of somatic cell
nuclear transfer to produce a human embryo.
(5) "Human embryo" means a living organism of the
species Homo sapiens through the first 56 days of development,
excluding any time during which development is suspended.
(6) "Human fetal tissue" means any gestational human
organ, cell, or tissue from an unborn child.
(7) "Somatic cell" means a cell of a developing or
fully developed human being that is not and will not become a sperm
or egg cell.
(8) "Somatic cell nuclear transfer" means the transfer
of the nucleus of a somatic cell into a human egg cell from which the
nucleus has been removed or rendered inert.
(b) A state agency may not accept a bid from or award a
contract, including a contract for which purchasing authority is
delegated to a state agency, to a vendor that:
(1) performs or promotes elective abortions or is an
affiliate of an entity or individual that performs or promotes
elective abortions;
(2) contracts with an entity or individual that
performs or promotes elective abortions;
(3) intentionally or knowingly:
(A) performs or attempts to perform destructive
embryonic stem cell research or human cloning;
(B) participates in an attempt to perform
destructive embryonic stem cell research or human cloning;
(C) transfers or receives a human embryo for
destructive embryonic stem cell research or a human embryo produced
by human cloning; or
(D) transfers or receives, wholly or partly, any
human egg cell, human sperm cell, human embryo, or somatic cell for
human cloning;
(4) transfers or receives human fetal tissue, cells,
or organs donated by a facility licensed under Chapter 243 or 245,
Health and Safety Code; or
(5) conducts scientific research on human fetal
tissue, cells, or organs donated by a facility licensed under
Chapter 243 or 245, Health and Safety Code.
(c) A bid or contract award subject to the requirements of
this section must include the following statement:
"Under Section 2155.0061, Government Code, the vendor
certifies that the entity or individual named in this bid or
contract is not ineligible to receive the specified contract and
acknowledges that this contract may be terminated and payment
withheld if this certification is inaccurate."
(d) A state agency that determines that a vendor is
ineligible to have a bid accepted or contract awarded under
Subsection (b) shall immediately terminate the bid or contract
without further obligation to the vendor. A state agency that
receives information that a vendor submitting a bid for a state
contract or awarded a state contract is in violation of Subsection
(b) shall investigate and make a determination on the validity of
the information.
(e) An entity or individual is not considered an affiliate
of another entity or individual for purposes of this section
unless:
(1) the entity or individual demonstrates, with
respect to the parties to the relationship:
(A) common ownership, management, or control;
(B) the existence of a franchise; or
(C) the granting or extension of a license or
other agreement authorizing the affiliate to use the other entity's
or individual's brand name, trademark, service mark, or other
registered identification mark;
(2) the written document evidencing the affiliation is
a certificate of formation, a franchise agreement, standards of
affiliation, bylaws, articles of incorporation, or a license; and
(3) the written document evidencing the affiliation is
not an agreement related to a physician's participation in a
physician group practice, hospital group agreement, staffing
agreement, management agreement, or collaborative practice
agreement.
(f) An entity or individual promotes an elective abortion
for purposes of this section by advancing, furthering, advocating,
or popularizing the elective abortion by:
(1) taking affirmative action to secure elective
abortion services for a patient, including:
(A) making an appointment;
(B) obtaining consent for the elective abortion;
(C) arranging for transportation;
(D) negotiating a reduction in an elective
abortion provider fee;
(E) arranging or scheduling an elective abortion
procedure; or
(F) referring a woman to an entity or individual
that performs elective abortions;
(2) providing or displaying to a patient information
that publicizes or advertises an elective abortion service or
provider; or
(3) using, displaying, or operating under a brand
name, trademark, service mark, or registered identification mark of
an organization that performs or promotes elective abortions.
(g) An entity or individual does not promote an elective
abortion for purposes of this section by providing to a patient on
request:
(1) neutral, factual information; or
(2) nondirective counseling.
(h) This section does not create a cause of action to
contest a bid or award of a state contract.
SECTION 2. The changes in law made by this Act apply only in
relation to a contract for which a state agency first advertises or
otherwise solicits bids, proposals, offers, or qualifications 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.