Texas 2017 - 85th 1st C.S.

Texas House Bill HB163 Compare Versions

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

Old	New	Differences
1	1	By: Springer H.B. No. 163
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibiting certain transactions between a
7	7	governmental entity and an abortion provider or affiliate of the
8	8	provider.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 10, Government Code, is
11	11	amended by adding Chapter 2271 to read as follows:
12	12	CHAPTER 2271. PROHIBITED TRANSACTIONS
13	13	Sec. 2271.001. DEFINITIONS. In this chapter:
14	14	(1) "Abortion" has the meaning assigned by Section
15	15	245.002, Health and Safety Code.
16	16	(2) "Abortion provider" means:
17	17	(A) a facility licensed under Chapter 245, Health
18	18	and Safety Code; or
19	19	(B) an ambulatory surgical center licensed under
20	20	Chapter 243, Health and Safety Code, that is used substantially for
21	21	the purpose of performing abortions.
22	22	(3) "Affiliate" means a person or entity who enters
23	23	into with another person or entity a legal relationship created or
24	24	governed by at least one written instrument, including a
25	25	certificate of formation, a franchise agreement, standards of
26	26	affiliation, bylaws, or a license, that demonstrates:
27	27	(A) common ownership, management, or control;
28	28	(B) a franchise; or
29	29	(C) the granting or extension of a license or
30	30	other agreement authorizing the person or entity to use the other
31	31	person's or entity's brand name, trademark, service mark, or other
32	32	registered identification mark.
33	33	(4) "Governmental entity" means this state, a state
34	34	agency in the executive, judicial, or legislative branch of state
35	35	government, or a political subdivision of this state.
36	36	(5) "Taxpayer resource transaction" means a sale,
37	37	purchase, lease, donation of money, goods, services, or real
38	38	property, or any other transaction between a governmental entity
39	39	and a private entity that provides to the private entity something
40	40	of value derived directly or indirectly from state or local tax
41	41	revenue, regardless of whether the governmental entity receives
42	42	something of value in return. The term does not include the
43	43	provision of basic public services, including fire and police
44	44	protection and utilities, by a governmental entity to an abortion
45	45	provider or affiliate in the same manner as the entity provides the
46	46	services to the general public.
47	47	Sec. 2271.002. APPLICABILITY. (a) This chapter does not
48	48	apply to:
49	49	(1) a hospital licensed under Chapter 241, Health and
50	50	Safety Code;
51	51	(2) a physician's office described by Section
52	52	245.004(a), Health and Safety Code;
53	53	(3) a state hospital as defined by Section 552.0011,
54	54	Health and Safety Code;
55	55	(4) a teaching hospital of a public or private
56	56	institution of higher education; or
57	57	(5) an accredited residency program providing
58	58	training to resident physicians.
59	59	(b) For purposes of this chapter, a facility is not
60	60	considered to be an abortion provider solely based on the
61	61	performance of an abortion at the facility during a medical
62	62	emergency in accordance with Section 245.016, Health and Safety
63	63	Code.
64	64	Sec. 2271.003. ABORTION PROVIDER AND AFFILIATE
65	65	TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
66	66	Subsection (b), a governmental entity may not enter into a taxpayer
67	67	resource transaction or contract with an abortion provider or an
68	68	affiliate of an abortion provider.
69	69	(b) This section does not apply to a taxpayer resource
70	70	transaction involving a federal law that conflicts with Subsection
71	71	(a) as determined by the executive commissioner of the Health and
72	72	Human Services Commission and confirmed in writing by the attorney
73	73	general.
74	74	Sec. 2271.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
75	75	attorney general may bring an action in the name of the state to
76	76	enjoin a violation of Section 2271.003. The attorney general may
77	77	recover reasonable attorney's fees and costs incurred in bringing
78	78	an action under this subsection.
79	79	(b) Sovereign or governmental immunity, as applicable, of a
80	80	governmental entity to suit and from liability is waived to the
81	81	extent of liability created by Subsection (a).
82	82	SECTION 2. Chapter 2271, Government Code, as added by this
83	83	Act, applies only to a taxpayer resource transaction or contract
84	84	entered into on or after the effective date of this Act.
85	85	SECTION 3. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect on the 91st day after the last day of the
90	90	legislative session.