Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB77 Compare Versions

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

Old	New	Differences
1	1	85S10892 KKR-F
2	2	By: Schwertner S.B. No. 77
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting certain transactions between a
8	8	governmental entity and an abortion provider or affiliate of the
9	9	provider.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 10, Government Code, is
12	12	amended by adding Chapter 2271 to read as follows:
13	13	CHAPTER 2271. PROHIBITED TRANSACTIONS
14	14	Sec. 2271.001. DEFINITIONS. In this chapter:
15	15	(1) "Abortion" has the meaning assigned by Section
16	16	245.002, Health and Safety Code.
17	17	(2) "Abortion provider" means:
18	18	(A) a facility licensed under Chapter 245, Health
19	19	and Safety Code; or
20	20	(B) an ambulatory surgical center licensed under
21	21	Chapter 243, Health and Safety Code, that is used for the purpose of
22	22	performing more than 50 abortions in any 12-month period.
23	23	(3) "Affiliate" means a person or entity who enters
24	24	into with another person or entity a legal relationship created or
25	25	governed by at least one written instrument, including a
26	26	certificate of formation, a franchise agreement, standards of
27	27	affiliation, bylaws, or a license, that demonstrates:
28	28	(A) common ownership, management, or control;
29	29	(B) a franchise; or
30	30	(C) the granting or extension of a license or
31	31	other agreement authorizing the person or entity to use the other
32	32	person's or entity's brand name, trademark, service mark, or other
33	33	registered identification mark.
34	34	(4) "Governmental entity" means this state, a state
35	35	agency in the executive, judicial, or legislative branch of state
36	36	government, or a political subdivision of this state.
37	37	(5) "Taxpayer resource transaction" means a sale,
38	38	purchase, lease, donation of money, goods, services, or real
39	39	property, or any other transaction between a governmental entity
40	40	and a private entity that provides to the private entity something
41	41	of value derived directly or indirectly from state or local tax
42	42	revenue, regardless of whether the governmental entity receives
43	43	something of value in return. The term does not include the
44	44	provision of basic public services, including fire and police
45	45	protection and utilities, by a governmental entity to an abortion
46	46	provider or affiliate in the same manner as the entity provides the
47	47	services to the general public.
48	48	Sec. 2271.002. APPLICABILITY. (a) This chapter does not
49	49	apply to:
50	50	(1) a hospital licensed under Chapter 241, Health and
51	51	Safety Code;
52	52	(2) the office of a physician licensed under Subtitle
53	53	B, Title 3, Occupations Code, that performs 50 or fewer abortions in
54	54	any 12-month period;
55	55	(3) a state hospital as defined by Section 552.0011,
56	56	Health and Safety Code;
57	57	(4) a teaching hospital of a public or private
58	58	institution of higher education; or
59	59	(5) an accredited residency program providing
60	60	training to resident physicians.
61	61	(b) For purposes of this chapter, a facility is not
62	62	considered to be an abortion provider solely based on the
63	63	performance of an abortion at the facility during a medical
64	64	emergency as defined by Section 171.002, Health and Safety Code.
65	65	Sec. 2271.003. ABORTION PROVIDER AND AFFILIATE
66	66	TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
67	67	Subsection (b), a governmental entity may not enter into a taxpayer
68	68	resource transaction or contract with an abortion provider or an
69	69	affiliate of an abortion provider.
70	70	(b) This section does not apply to a taxpayer resource
71	71	transaction involving a federal law that conflicts with Subsection
72	72	(a) as determined by the executive commissioner of the Health and
73	73	Human Services Commission and confirmed in writing by the attorney
74	74	general.
75	75	Sec. 2271.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
76	76	attorney general may bring an action in the name of the state to
77	77	enjoin a violation of Section 2271.003. The attorney general may
78	78	recover reasonable attorney's fees and costs incurred in bringing
79	79	an action under this subsection.
80	80	(b) Sovereign or governmental immunity, as applicable, of a
81	81	governmental entity to suit and from liability is waived to the
82	82	extent of liability created by Subsection (a).
83	83	SECTION 2. Chapter 2271, Government Code, as added by this
84	84	Act, applies only to a taxpayer resource transaction or contract
85	85	entered into on or after the effective date of this Act.
86	86	SECTION 3. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect on the 91st day after the last day of the
91	91	legislative session.