85S10892 KKR-F
By: Schwertner S.B. No. 77
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain transactions between a
governmental entity and an abortion provider or affiliate of the
provider.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 10, Government Code, is
amended by adding Chapter 2271 to read as follows:
CHAPTER 2271. PROHIBITED TRANSACTIONS
Sec. 2271.001. DEFINITIONS. In this chapter:
(1) "Abortion" has the meaning assigned by Section
245.002, Health and Safety Code.
(2) "Abortion provider" means:
(A) a facility licensed under Chapter 245, Health
and Safety Code; or
(B) an ambulatory surgical center licensed under
Chapter 243, Health and Safety Code, that is used for the purpose of
performing more than 50 abortions in any 12-month period.
(3) "Affiliate" means a person or entity who enters
into with another person or entity a legal relationship created or
governed by at least one written instrument, including a
certificate of formation, a franchise agreement, standards of
affiliation, bylaws, or a license, that demonstrates:
(A) common ownership, management, or control;
(B) a franchise; or
(C) the granting or extension of a license or
other agreement authorizing the person or entity to use the other
person's or entity's brand name, trademark, service mark, or other
registered identification mark.
(4) "Governmental entity" means this state, a state
agency in the executive, judicial, or legislative branch of state
government, or a political subdivision of this state.
(5) "Taxpayer resource transaction" means a sale,
purchase, lease, donation of money, goods, services, or real
property, or any other transaction between a governmental entity
and a private entity that provides to the private entity something
of value derived directly or indirectly from state or local tax
revenue, regardless of whether the governmental entity receives
something of value in return. The term does not include the
provision of basic public services, including fire and police
protection and utilities, by a governmental entity to an abortion
provider or affiliate in the same manner as the entity provides the
services to the general public.
Sec. 2271.002. APPLICABILITY. (a) This chapter does not
apply to:
(1) a hospital licensed under Chapter 241, Health and
Safety Code;
(2) the office of a physician licensed under Subtitle
B, Title 3, Occupations Code, that performs 50 or fewer abortions in
any 12-month period;
(3) a state hospital as defined by Section 552.0011,
Health and Safety Code;
(4) a teaching hospital of a public or private
institution of higher education; or
(5) an accredited residency program providing
training to resident physicians.
(b) For purposes of this chapter, a facility is not
considered to be an abortion provider solely based on the
performance of an abortion at the facility during a medical
emergency as defined by Section 171.002, Health and Safety Code.
Sec. 2271.003. ABORTION PROVIDER AND AFFILIATE
TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
Subsection (b), a governmental entity may not enter into a taxpayer
resource transaction or contract with an abortion provider or an
affiliate of an abortion provider.
(b) This section does not apply to a taxpayer resource
transaction involving a federal law that conflicts with Subsection
(a) as determined by the executive commissioner of the Health and
Human Services Commission and confirmed in writing by the attorney
general.
Sec. 2271.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
attorney general may bring an action in the name of the state to
enjoin a violation of Section 2271.003. The attorney general may
recover reasonable attorney's fees and costs incurred in bringing
an action under this subsection.
(b) Sovereign or governmental immunity, as applicable, of a
governmental entity to suit and from liability is waived to the
extent of liability created by Subsection (a).
SECTION 2. Chapter 2271, Government Code, as added by this
Act, applies only to a taxpayer resource transaction or contract
entered into on or after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.