1 | 1 | | 85S10410 JCG-D |
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2 | 2 | | By: Huffines S.B. No. 53 |
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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 the participation of a charitable organization that |
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8 | 8 | | facilitates the procurement of an elective abortion in the state |
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9 | 9 | | employee charitable campaign. |
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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. Section 659.146, Government Code, is amended by |
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12 | 12 | | amending Subsection (a) and adding Subsection (h) to read as |
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13 | 13 | | follows: |
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14 | 14 | | (a) To be eligible to participate in a state employee |
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15 | 15 | | charitable campaign, a charitable organization must: |
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16 | 16 | | (1) be governed by a voluntary board of citizens that |
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17 | 17 | | meets at least twice each year to set policy and manage the affairs |
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18 | 18 | | of the organization; |
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19 | 19 | | (2) if the organization's annual budget: |
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20 | 20 | | (A) does not exceed $250,000, provide a completed |
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21 | 21 | | Internal Revenue Service Form 990 and an accountant's review that |
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22 | 22 | | offers full and open disclosure of the organization's internal |
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23 | 23 | | operations; or |
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24 | 24 | | (B) exceeds $250,000, be audited annually in |
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25 | 25 | | accordance with generally accepted auditing standards of the |
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26 | 26 | | American Institute of Certified Public Accountants; [and] |
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27 | 27 | | (3) not spend more than 25 percent of its annual |
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28 | 28 | | revenue for administrative and fund-raising expenses; and |
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29 | 29 | | (4) not directly or indirectly facilitate the |
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30 | 30 | | procurement of an elective abortion. |
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31 | 31 | | (h) In this section, "elective abortion" means, for a female |
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32 | 32 | | known by an attending physician to be pregnant, the intentional |
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33 | 33 | | termination of the pregnancy using any means reasonably likely to |
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34 | 34 | | cause the death of the fetus. The term does not include the |
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35 | 35 | | termination of a pregnancy: |
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36 | 36 | | (1) that resulted from an act of rape or incest; |
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37 | 37 | | (2) for a female who suffers from a physical disorder, |
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38 | 38 | | disability, or illness, including a life-threatening physical |
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39 | 39 | | condition caused by or arising from the pregnancy, that, as |
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40 | 40 | | certified by a physician, places the female in danger of death or |
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41 | 41 | | risk of substantial impairment of a major bodily function unless an |
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42 | 42 | | abortion is performed; or |
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43 | 43 | | (3) that involves a fetus with a life-threatening |
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44 | 44 | | physical condition that, in reasonable medical judgment and |
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45 | 45 | | regardless of the provision of lifesaving treatment, is |
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46 | 46 | | incompatible with life outside the womb. |
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47 | 47 | | SECTION 2. Not later than April 1, 2018, the state employee |
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48 | 48 | | charitable campaign policy committee shall modify the guidelines |
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49 | 49 | | established under Section 659.146(f), Government Code, for |
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50 | 50 | | evaluating the applications of charitable organizations to be |
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51 | 51 | | consistent with the changes in law made by this Act. The state |
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52 | 52 | | employee charitable campaign policy committee shall exclude from |
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53 | 53 | | participation in a state employee charitable campaign any |
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54 | 54 | | charitable organization that does not meet the modified guidelines. |
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55 | 55 | | SECTION 3. This Act takes effect immediately if it receives |
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56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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59 | 59 | | Act takes effect December 1, 2017. |
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