Texas 2017 - 85th 1st C.S.

Texas House Bill HB14 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85S11099 KKR-F
2		-	By: Springer, Burkett, Bonnen of Brazoria, H.B. No. 14
3		-	Capriglione, et al.
	2	+	By: Springer H.B. No. 14
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to prohibiting certain transactions between a
9	8		governmental entity and an abortion provider or affiliate of the
10	9		provider.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Subtitle F, Title 10, Government Code, is
13	12		amended by adding Chapter 2271 to read as follows:
14	13		CHAPTER 2271. PROHIBITED TRANSACTIONS
15	14		Sec. 2271.001. DEFINITIONS. In this chapter:
16	15		(1) "Abortion" has the meaning assigned by Section
17	16		245.002, Health and Safety Code.
18	17		(2) "Abortion provider" means:
19	18		(A) a facility licensed under Chapter 245, Health
20	19		and Safety Code; or
21	20		(B) an ambulatory surgical center licensed under
22	21		Chapter 243, Health and Safety Code, that is used substantially for
23	22		the purpose of performing abortions as described by Section
24	23		245.004(b), Health and Safety Code, as amended by Section 2,
25	24		Chapter 999 (H.B. 15), Acts of the 78th Legislature, Regular
26	25		Session, 2003.
27	26		(3) "Affiliate" means a person or entity who enters
28	27		into with another person or entity a legal relationship created or
29	28		governed by at least one written instrument, including a
30	29		certificate of formation, a franchise agreement, standards of
31	30		affiliation, bylaws, or a license, that demonstrates:
32	31		(A) common ownership, management, or control;
33	32		(B) a franchise; or
34	33		(C) the granting or extension of a license or
35	34		other agreement authorizing the person or entity to use the other
36	35		person's or entity's brand name, trademark, service mark, or other
37	36		registered identification mark.
38	37		(4) "Governmental entity" means this state, a state
39	38		agency in the executive, judicial, or legislative branch of state
40	39		government, or a political subdivision of this state.
41	40		(5) "Taxpayer resource transaction" means a sale,
42	41		purchase, lease, donation of money, goods, services, or real
43	42		property, or any other transaction between a governmental entity
44	43		and a private entity that provides to the private entity something
45	44		of value derived directly or indirectly from state or local tax
46	45		revenue, regardless of whether the governmental entity receives
47	46		something of value in return. The term does not include the
48	47		provision of basic public services, including fire and police
49	48		protection and utilities, by a governmental entity to an abortion
50	49		provider or affiliate in the same manner as the entity provides the
51	50		services to the general public.
52	51		Sec. 2271.002. APPLICABILITY. (a) This chapter does not
53	52		apply to:
54	53		(1) a hospital licensed under Chapter 241, Health and
55	54		Safety Code;
56	55		(2) the office of a physician licensed under Subtitle
57	56		B, Title 3, Occupations Code, that is not used substantially for the
58	57		purpose of performing abortions as described by Section 245.004(b),
59	58		Health and Safety Code, as amended by Section 2, Chapter 999 (H.B.
60	59		15), Acts of the 78th Legislature, Regular Session, 2003;
61	60		(3) a state hospital as defined by Section 552.0011,
62	61		Health and Safety Code;
63	62		(4) a teaching hospital of a public or private
64	63		institution of higher education; or
65	64		(5) an accredited residency program providing
66	65		training to resident physicians.
67	66		(b) For purposes of this chapter, a facility is not
68	67		considered to be an abortion provider solely based on the
69	68		performance of an abortion at the facility during a medical
70	69		emergency as defined by Section 171.002, Health and Safety Code.
71	70		Sec. 2271.003. ABORTION PROVIDER AND AFFILIATE
72	71		TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
73	72		Subsection (b), a governmental entity may not enter into a taxpayer
74	73		resource transaction or contract with an abortion provider or an
75	74		affiliate of an abortion provider.
76	75		(b) This section does not apply to a taxpayer resource
77	76		transaction involving a federal law that conflicts with Subsection
78	77		(a) as determined by the executive commissioner of the Health and
79	78		Human Services Commission and confirmed in writing by the attorney
80	79		general.
81	80		Sec. 2271.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
82	81		attorney general may bring an action in the name of the state to
83	82		enjoin a violation of Section 2271.003. The attorney general may
84	83		recover reasonable attorney's fees and costs incurred in bringing
85	84		an action under this subsection.
86	85		(b) Sovereign or governmental immunity, as applicable, of a
87	86		governmental entity to suit and from liability is waived to the
88	87		extent of liability created by Subsection (a).
89	88		SECTION 2. Chapter 2271, Government Code, as added by this
90	89		Act, applies only to a taxpayer resource transaction or contract
91	90		entered into on or after the effective date of this Act.
92	91		SECTION 3. This Act takes effect immediately if it receives
93	92		a vote of two-thirds of all the members elected to each house, as
94	93		provided by Section 39, Article III, Texas Constitution. If this
95	94		Act does not receive the vote necessary for immediate effect, this
96	95		Act takes effect on the 91st day after the last day of the
97	96		legislative session.