Texas 2019 - 86th Regular

Texas House Bill HB1929 Compare Versions

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

Old	New	Differences
1	1	86R12495 YDB-F
2	2	By: Noble H.B. No. 1929
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of 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 2272 to read as follows:
13	13	CHAPTER 2272. PROHIBITED TRANSACTIONS
14	14	Sec. 2272.001. DEFINITIONS. In this chapter:
15	15	(1) "Abortion" means an act or procedure performed
16	16	after pregnancy has been medically verified and with the intent to
17	17	cause the termination of a pregnancy other than for the purpose of
18	18	either the birth of a live fetus or removing a dead fetus. The term
19	19	does not include birth control devices or oral contraceptives.
20	20	(2) "Abortion provider" means:
21	21	(A) a facility licensed under Chapter 245, Health
22	22	and Safety Code; or
23	23	(B) an ambulatory surgical center licensed under
24	24	Chapter 243, Health and Safety Code, that is used substantially for
25	25	the purpose of performing abortions.
26	26	(3) "Affiliate" means an entity or individual that
27	27	has, with another entity or individual, a legal relationship
28	28	created or governed by at least one written document.
29	29	(4) "Governmental entity" means this state, a state
30	30	agency in the executive, judicial, or legislative branch of state
31	31	government, or a political subdivision of this state.
32	32	(5) "Taxpayer resource transaction" means a sale,
33	33	purchase, lease, or donation of money, goods, services, or real
34	34	property, or any other transaction between a governmental entity
35	35	and a private entity or individual that provides to the private
36	36	entity or individual something of value derived directly or
37	37	indirectly from state or local tax revenue, regardless of whether
38	38	the governmental entity receives something of value in return. The
39	39	term does not include the provision of basic governmental services,
40	40	including fire and police protection.
41	41	Sec. 2272.002. APPLICABILITY. For purposes of this
42	42	chapter, a facility is not considered an abortion provider solely
43	43	because an abortion is performed at the facility to prevent a
44	44	patient's death or serious impairment in accordance with Section
45	45	245.016, Health and Safety Code.
46	46	Sec. 2272.003. ABORTION PROVIDER AND AFFILIATE
47	47	TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
48	48	Subsection (c), a governmental entity may not enter into a taxpayer
49	49	resource transaction with an abortion provider or an affiliate of
50	50	an abortion provider.
51	51	(b) An entity or individual is not considered an affiliate
52	52	of another entity or individual for purposes of this section unless
53	53	the entity or individual, by way of at least one written document,
54	54	including a certificate of formation, a franchise agreement,
55	55	standards of affiliation, bylaws, or a license, demonstrates:
56	56	(1) common ownership, management, or control between
57	57	the parties to the relationship;
58	58	(2) the existence of a franchise granted by the other
59	59	entity or individual to the affiliate; or
60	60	(3) the granting or extension of a license or other
61	61	agreement authorizing the affiliate to use the other entity's or
62	62	individual's brand name, trademark, service mark, or other
63	63	registered identification mark.
64	64	(c) This section does not apply to a taxpayer resource
65	65	transaction that is subject to a federal law in conflict with
66	66	Subsection (a) as determined by the executive commissioner of the
67	67	Health and Human Services Commission and confirmed in writing by
68	68	the attorney general.
69	69	Sec. 2272.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
70	70	attorney general may bring an action in the name of the state to
71	71	enjoin a violation of Section 2272.003. The attorney general may
72	72	recover reasonable attorney's fees and costs incurred in bringing
73	73	an action under this subsection.
74	74	(b) Sovereign or governmental immunity, as applicable, of a
75	75	governmental entity to suit and from liability is waived to the
76	76	extent of liability created by Subsection (a).
77	77	SECTION 2. Chapter 2272, Government Code, as added by this
78	78	Act, applies only to a taxpayer resource transaction entered into
79	79	on or after the effective date of this Act.
80	80	SECTION 3. This Act takes effect July 1, 2019, if it
81	81	receives a vote of two-thirds of all the members elected to each
82	82	house, as provided by Section 39, Article III, Texas Constitution.
83	83	If this Act does not receive the vote necessary for effect on that
84	84	date, this Act takes effect September 1, 2019.