86R12495 YDB-F
By: Noble H.B. No. 1929
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of 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 2272 to read as follows:
CHAPTER 2272. PROHIBITED TRANSACTIONS
Sec. 2272.001. DEFINITIONS. In this chapter:
(1) "Abortion" means an act or procedure performed
after pregnancy has been medically verified and with the intent to
cause the termination of a pregnancy other than for the purpose of
either the birth of a live fetus or removing a dead fetus. The term
does not include birth control devices or oral contraceptives.
(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 substantially for
the purpose of performing abortions.
(3) "Affiliate" means an entity or individual that
has, with another entity or individual, a legal relationship
created or governed by at least one written document.
(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, or donation of money, goods, services, or real
property, or any other transaction between a governmental entity
and a private entity or individual that provides to the private
entity or individual 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 governmental services,
including fire and police protection.
Sec. 2272.002. APPLICABILITY. For purposes of this
chapter, a facility is not considered an abortion provider solely
because an abortion is performed at the facility to prevent a
patient's death or serious impairment in accordance with Section
245.016, Health and Safety Code.
Sec. 2272.003. ABORTION PROVIDER AND AFFILIATE
TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
Subsection (c), a governmental entity may not enter into a taxpayer
resource transaction with an abortion provider or an affiliate of
an abortion provider.
(b) An entity or individual is not considered an affiliate
of another entity or individual for purposes of this section unless
the entity or individual, by way of at least one written document,
including a certificate of formation, a franchise agreement,
standards of affiliation, bylaws, or a license, demonstrates:
(1) common ownership, management, or control between
the parties to the relationship;
(2) the existence of a franchise granted by the other
entity or individual to the affiliate; or
(3) the granting or extension of a license or other
agreement authorizing the affiliate to use the other entity's or
individual's brand name, trademark, service mark, or other
registered identification mark.
(c) This section does not apply to a taxpayer resource
transaction that is subject to a federal law in conflict 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. 2272.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
attorney general may bring an action in the name of the state to
enjoin a violation of Section 2272.003. 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 2272, Government Code, as added by this
Act, applies only to a taxpayer resource transaction entered into
on or after the effective date of this Act.
SECTION 3. This Act takes effect July 1, 2019, 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 effect on that
date, this Act takes effect September 1, 2019.