Texas 2017 - 85th Regular

Texas House Bill HB3544 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11639 YDB-F
2	2	By: Cain H.B. No. 3544
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited state contracts with vendors that perform
8	8	elective abortions, destructive embryonic stem cell research, or
9	9	human cloning or that conduct research on human fetal tissue.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 2155, Government Code, is
12	12	amended by adding Section 2155.0061 to read as follows:
13	13	Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS
14	14	FROM CERTAIN VENDORS. (a) In this section:
15	15	(1) "Abortion" has the meaning assigned by Section
16	16	171.002, Health and Safety Code.
17	17	(2) "Affiliate" means an entity or individual that has
18	18	a legal relationship with another entity or individual created or
19	19	governed by at least one written document.
20	20	(3) "Destructive embryonic stem cell research" means
21	21	any research that involves the destruction or disaggregation of a
22	22	human embryo.
23	23	(4) "Human cloning" means the use of somatic cell
24	24	nuclear transfer to produce a human embryo.
25	25	(5) "Human embryo" means a living organism of the
26	26	species Homo sapiens through the first 56 days of development,
27	27	excluding any time during which development is suspended.
28	28	(6) "Human fetal tissue" means any gestational human
29	29	organ, cell, or tissue from an unborn child.
30	30	(7) "Somatic cell" means a cell of a developing or
31	31	fully developed human being that is not and will not become a sperm
32	32	or egg cell.
33	33	(8) "Somatic cell nuclear transfer" means the transfer
34	34	of the nucleus of a somatic cell into a human egg cell from which the
35	35	nucleus has been removed or rendered inert.
36	36	(b) A state agency may not accept a bid from or award a
37	37	contract, including a contract for which purchasing authority is
38	38	delegated to a state agency, to a vendor that:
39	39	(1) performs or promotes elective abortions or is an
40	40	affiliate of an entity or individual that performs or promotes
41	41	elective abortions;
42	42	(2) contracts with an entity or individual that
43	43	performs or promotes elective abortions;
44	44	(3) intentionally or knowingly:
45	45	(A) performs or attempts to perform destructive
46	46	embryonic stem cell research or human cloning;
47	47	(B) participates in an attempt to perform
48	48	destructive embryonic stem cell research or human cloning;
49	49	(C) transfers or receives a human embryo for
50	50	destructive embryonic stem cell research or a human embryo produced
51	51	by human cloning; or
52	52	(D) transfers or receives, wholly or partly, any
53	53	human egg cell, human sperm cell, human embryo, or somatic cell for
54	54	human cloning;
55	55	(4) transfers or receives human fetal tissue, cells,
56	56	or organs donated by a facility licensed under Chapter 243 or 245,
57	57	Health and Safety Code; or
58	58	(5) conducts scientific research on human fetal
59	59	tissue, cells, or organs donated by a facility licensed under
60	60	Chapter 243 or 245, Health and Safety Code.
61	61	(c) A bid or contract award subject to the requirements of
62	62	this section must include the following statement:
63	63	"Under Section 2155.0061, Government Code, the vendor
64	64	certifies that the entity or individual named in this bid or
65	65	contract is not ineligible to receive the specified contract and
66	66	acknowledges that this contract may be terminated and payment
67	67	withheld if this certification is inaccurate."
68	68	(d) A state agency that determines that a vendor is
69	69	ineligible to have a bid accepted or contract awarded under
70	70	Subsection (b) shall immediately terminate the bid or contract
71	71	without further obligation to the vendor. A state agency that
72	72	receives information that a vendor submitting a bid for a state
73	73	contract or awarded a state contract is in violation of Subsection
74	74	(b) shall investigate and make a determination on the validity of
75	75	the information.
76	76	(e) An entity or individual is not considered an affiliate
77	77	of another entity or individual for purposes of this section
78	78	unless:
79	79	(1) the entity or individual demonstrates, with
80	80	respect to the parties to the relationship:
81	81	(A) common ownership, management, or control;
82	82	(B) the existence of a franchise; or
83	83	(C) the granting or extension of a license or
84	84	other agreement authorizing the affiliate to use the other entity's
85	85	or individual's brand name, trademark, service mark, or other
86	86	registered identification mark;
87	87	(2) the written document evidencing the affiliation is
88	88	a certificate of formation, a franchise agreement, standards of
89	89	affiliation, bylaws, articles of incorporation, or a license; and
90	90	(3) the written document evidencing the affiliation is
91	91	not an agreement related to a physician's participation in a
92	92	physician group practice, hospital group agreement, staffing
93	93	agreement, management agreement, or collaborative practice
94	94	agreement.
95	95	(f) An entity or individual promotes an elective abortion
96	96	for purposes of this section by advancing, furthering, advocating,
97	97	or popularizing the elective abortion by:
98	98	(1) taking affirmative action to secure elective
99	99	abortion services for a patient, including:
100	100	(A) making an appointment;
101	101	(B) obtaining consent for the elective abortion;
102	102	(C) arranging for transportation;
103	103	(D) negotiating a reduction in an elective
104	104	abortion provider fee;
105	105	(E) arranging or scheduling an elective abortion
106	106	procedure; or
107	107	(F) referring a woman to an entity or individual
108	108	that performs elective abortions;
109	109	(2) providing or displaying to a patient information
110	110	that publicizes or advertises an elective abortion service or
111	111	provider; or
112	112	(3) using, displaying, or operating under a brand
113	113	name, trademark, service mark, or registered identification mark of
114	114	an organization that performs or promotes elective abortions.
115	115	(g) An entity or individual does not promote an elective
116	116	abortion for purposes of this section by providing to a patient on
117	117	request:
118	118	(1) neutral, factual information; or
119	119	(2) nondirective counseling.
120	120	(h) This section does not create a cause of action to
121	121	contest a bid or award of a state contract.
122	122	SECTION 2. The changes in law made by this Act apply only in
123	123	relation to a contract for which a state agency first advertises or
124	124	otherwise solicits bids, proposals, offers, or qualifications on or
125	125	after the effective date of this Act.
126	126	SECTION 3. This Act takes effect immediately if it receives
127	127	a vote of two-thirds of all the members elected to each house, as
128	128	provided by Section 39, Article III, Texas Constitution. If this
129	129	Act does not receive the vote necessary for immediate effect, this
130	130	Act takes effect September 1, 2017.