| 1 | 1 | | 85R7091 SCL-F |
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| 2 | 2 | | By: Campbell S.B. No. 855 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting certain transactions between a |
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| 8 | 8 | | governmental entity and an abortion facility or affiliate of the |
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| 9 | 9 | | facility. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle F, Title 10, Government Code, is |
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| 12 | 12 | | amended by adding Chapter 2270 to read as follows: |
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| 13 | 13 | | CHAPTER 2270. PROHIBITED TRANSACTIONS |
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| 14 | 14 | | Sec. 2270.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Affiliate" means a person that has a legal |
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| 16 | 16 | | relationship with another person that is created or governed by at |
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| 17 | 17 | | least one written instrument, including a certificate of formation, |
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| 18 | 18 | | a franchise agreement, standards of affiliation, bylaws, or a |
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| 19 | 19 | | license, that demonstrates: |
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| 20 | 20 | | (A) common ownership, management, or control; |
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| 21 | 21 | | (B) a franchise; or |
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| 22 | 22 | | (C) the granting or extension of a license or |
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| 23 | 23 | | other agreement that authorizes the person to use the other |
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| 24 | 24 | | person's brand name, trademark, service mark, or other registered |
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| 25 | 25 | | identification mark. |
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| 26 | 26 | | (2) "Elective abortion" means an abortion that is not |
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| 27 | 27 | | medically necessary to save the life of the pregnant female on whom |
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| 28 | 28 | | the abortion is performed. |
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| 29 | 29 | | (3) "Governmental entity" means this state, a state |
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| 30 | 30 | | agency in the executive, judicial, or legislative branch of state |
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| 31 | 31 | | government, or a political subdivision of this state. |
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| 32 | 32 | | (4) "Taxpayer resource transaction" means a sale, |
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| 33 | 33 | | purchase, lease, donation of money, goods, services, or real |
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| 34 | 34 | | property, or any other transaction between a governmental entity |
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| 35 | 35 | | and a private entity that provides to the private entity something |
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| 36 | 36 | | of value derived directly or indirectly from state or local tax |
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| 37 | 37 | | revenue, regardless of whether the governmental entity receives |
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| 38 | 38 | | something of value in return. The term does not include the |
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| 39 | 39 | | provision of basic governmental services, including fire and police |
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| 40 | 40 | | protection. |
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| 41 | 41 | | Sec. 2270.002. ABORTION PROVIDER AND AFFILIATE |
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| 42 | 42 | | TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by |
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| 43 | 43 | | Subsection (b), a governmental entity may not enter into a taxpayer |
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| 44 | 44 | | resource transaction with an abortion facility licensed under |
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| 45 | 45 | | Chapter 245, Health and Safety Code, that performs elective |
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| 46 | 46 | | abortions or an affiliate of the facility that performs elective |
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| 47 | 47 | | abortions. |
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| 48 | 48 | | (b) This section does not apply to a taxpayer resource |
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| 49 | 49 | | transaction that involves a federal law that conflicts with |
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| 50 | 50 | | Subsection (a) as determined by the executive commissioner of the |
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| 51 | 51 | | Health and Human Services Commission. |
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| 52 | 52 | | Sec. 2270.003. INJUNCTION. (a) The attorney general may |
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| 53 | 53 | | bring an action in the name of the state to enjoin a violation of |
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| 54 | 54 | | Section 2270.002. The attorney general may recover reasonable |
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| 55 | 55 | | attorney's fees and costs incurred in bringing an action under this |
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| 56 | 56 | | subsection. |
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| 57 | 57 | | (b) Sovereign or governmental immunity, as applicable, of a |
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| 58 | 58 | | governmental entity to suit and from liability is waived to the |
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| 59 | 59 | | extent of liability created by Subsection (a). |
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| 60 | 60 | | SECTION 2. Chapter 2270, Government Code, as added by this |
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| 61 | 61 | | Act, applies only to a contract entered into on or after the |
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| 62 | 62 | | effective date of this Act. |
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| 63 | 63 | | SECTION 3. This Act takes effect immediately if it receives |
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| 64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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| 65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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| 67 | 67 | | Act takes effect September 1, 2017. |
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