Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB4 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Schwertner, et al. S.B. No. 4
	2	+	(In the Senate - Filed July 17, 2017; July 20, 2017, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	July 22, 2017, reported favorably by the following vote: Yeas 6,
	5	+	Nays 3; July 22, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to prohibiting certain transactions between a
7	12		governmental entity and an abortion provider or affiliate of the
8	13		provider.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Subtitle F, Title 10, Government Code, is
11	16		amended by adding Chapter 2271 to read as follows:
12	17		CHAPTER 2271. PROHIBITED TRANSACTIONS
13	18		Sec. 2271.001. DEFINITIONS. In this chapter:
14	19		(1) "Abortion" has the meaning assigned by Section
15	20		245.002, Health and Safety Code.
16	21		(2) "Abortion provider" means:
17	22		(A) a facility licensed under Chapter 245, Health
18	23		and Safety Code; or
19	24		(B) an ambulatory surgical center licensed under
20	25		Chapter 243, Health and Safety Code, that is used for the purpose of
21	26		performing more than 50 abortions in any 12-month period.
22	27		(3) "Affiliate" means a person or entity who enters
23	28		into with another person or entity a legal relationship created or
24	29		governed by at least one written instrument, including a
25	30		certificate of formation, a franchise agreement, standards of
26	31		affiliation, bylaws, or a license, that demonstrates:
27	32		(A) common ownership, management, or control;
28	33		(B) a franchise; or
29	34		(C) the granting or extension of a license or
30	35		other agreement authorizing the person or entity to use the other
31	36		person's or entity's brand name, trademark, service mark, or other
32	37		registered identification mark.
33	38		(4) "Governmental entity" means this state, a state
34	39		agency in the executive, judicial, or legislative branch of state
35	40		government, or a political subdivision of this state.
36	41		(5) "Taxpayer resource transaction" means a sale,
37	42		purchase, lease, donation of money, goods, services, or real
38	43		property, or any other transaction between a governmental entity
39	44		and a private entity that provides to the private entity something
40	45		of value derived directly or indirectly from state or local tax
41	46		revenue, regardless of whether the governmental entity receives
42		-	something of value in return. The term includes advocacy or
43		-	lobbying on behalf of the interests of an abortion provider or
44		-	affiliate. The term does not include the provision of basic public
45		-	services, including fire and police protection and utilities, by a
46		-	governmental entity to an abortion provider or affiliate in the
47		-	same manner as the entity provides the services to the general
48		-	public.
	47	+	something of value in return. The term does not include the
	48	+	provision of basic public services, including fire and police
	49	+	protection and utilities, by a governmental entity to an abortion
	50	+	provider or affiliate in the same manner as the entity provides the
	51	+	services to the general public.
49	52		Sec. 2271.002. APPLICABILITY. (a) This chapter does not
50	53		apply to:
51	54		(1) a hospital licensed under Chapter 241, Health and
52	55		Safety Code;
53	56		(2) the office of a physician licensed under Subtitle
54	57		B, Title 3, Occupations Code, that performs 50 or fewer abortions in
55	58		any 12-month period;
56	59		(3) a state hospital as defined by Section 552.0011,
57	60		Health and Safety Code;
58	61		(4) a teaching hospital of a public or private
59	62		institution of higher education; or
60	63		(5) an accredited residency program providing
61	64		training to resident physicians.
62	65		(b) For purposes of this chapter, a facility is not
63	66		considered to be an abortion provider solely based on the
64	67		performance of an abortion at the facility during a medical
65		-	emergency as defined by Section 171.002, Health and Safety Code.
	68	+	emergency in accordance with Section 245.016, Health and Safety
	69	+	Code.
66	70		Sec. 2271.003. ABORTION PROVIDER AND AFFILIATE
67	71		TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
68	72		Subsection (b), a governmental entity may not enter into a taxpayer
69	73		resource transaction or contract with an abortion provider or an
70	74		affiliate of an abortion provider.
71	75		(b) This section does not apply to a taxpayer resource
72	76		transaction involving a federal law that conflicts with Subsection
73	77		(a) as determined by the executive commissioner of the Health and
74	78		Human Services Commission and confirmed in writing by the attorney
75	79		general.
76	80		Sec. 2271.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
77	81		attorney general may bring an action in the name of the state to
78	82		enjoin a violation of Section 2271.003. The attorney general may
79	83		recover reasonable attorney's fees and costs incurred in bringing
80	84		an action under this subsection.
81	85		(b) Sovereign or governmental immunity, as applicable, of a
82	86		governmental entity to suit and from liability is waived to the
83	87		extent of liability created by Subsection (a).
84	88		SECTION 2. Chapter 2271, Government Code, as added by this
85	89		Act, applies only to a taxpayer resource transaction or contract
86	90		entered into on or after the effective date of this Act.
87	91		SECTION 3. This Act takes effect immediately if it receives
88	92		a vote of two-thirds of all the members elected to each house, as
89	93		provided by Section 39, Article III, Texas Constitution. If this
90	94		Act does not receive the vote necessary for immediate effect, this
91	95		Act takes effect on the 91st day after the last day of the
92	96		legislative session.
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