Texas 2019 - 86th Regular

Texas House Bill HB4407 Compare Versions

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

Old	New	Differences
1	1	86R1408 YDB-F
2	2	By: Cain H.B. No. 4407
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibited state contracts with vendors that perform
8	8	elective abortions, destructive embryonic stem cell research, or
9	9	human cloning or that conduct research on human fetal tissue.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 2155, Government Code, is
12	12	amended by adding Section 2155.0061 to read as follows:
13	13	Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS
14	14	FROM CERTAIN VENDORS. (a) In this section:
15	15	(1) "Abortion" has the meaning assigned by Section
16	16	245.002, Health and Safety Code.
17	17	(2) "Affiliate" means an entity or individual that
18	18	has, with another entity or individual, a legal relationship
19	19	created or governed by at least one written document.
20	20	(3) "Destructive embryonic stem cell research" means
21	21	any research that involves the destruction or disaggregation of a
22	22	human embryo.
23	23	(4) "Human cloning" means the use of somatic cell
24	24	nuclear transfer to produce a human embryo.
25	25	(5) "Human embryo" means a living organism of the
26	26	species Homo sapiens through the first 56 days of development,
27	27	excluding any time during which development is suspended.
28	28	(6) "Human fetal tissue" means any gestational human
29	29	organ, cell, or tissue from an unborn child.
30	30	(7) "Somatic cell" means a cell of a developing or
31	31	fully developed human being that is not and will not become a sperm
32	32	or egg cell.
33	33	(8) "Somatic cell nuclear transfer" means the transfer
34	34	of the nucleus of a somatic cell into a human egg cell from which the
35	35	nucleus has been removed or rendered inert.
36	36	(b) A state agency may not accept a bid from or award a
37	37	contract, including a contract for which purchasing authority is
38	38	delegated to a state agency, to a vendor that:
39	39	(1) performs or promotes elective abortions or is an
40	40	affiliate of an entity or individual that performs or promotes
41	41	elective abortions;
42	42	(2) contracts with an entity or individual that
43	43	performs or promotes elective abortions;
44	44	(3) intentionally or knowingly:
45	45	(A) performs or attempts to perform destructive
46	46	embryonic stem cell research or human cloning;
47	47	(B) participates in an attempt to perform
48	48	destructive embryonic stem cell research or human cloning;
49	49	(C) transfers or receives a human embryo for
50	50	destructive embryonic stem cell research or a human embryo produced
51	51	by human cloning; or
52	52	(D) transfers or receives, wholly or partly, any
53	53	human egg cell, human sperm cell, human embryo, or somatic cell for
54	54	human cloning;
55	55	(4) transfers or receives human fetal tissue, cells,
56	56	or organs donated by a facility licensed under Chapter 243 or 245,
57	57	Health and Safety Code; or
58	58	(5) conducts scientific research on human fetal
59	59	tissue, cells, or organs donated by a facility licensed under
60	60	Chapter 243 or 245, Health and Safety Code.
61	61	(c) A bid or contract award subject to the requirements of
62	62	this section must include the following statement:
63	63	"Under Section 2155.0061, Government Code, the vendor
64	64	certifies that the entity or individual named in this bid or
65	65	contract is not ineligible to receive the specified contract and
66	66	acknowledges that this contract may be terminated and payment
67	67	withheld if this certification is inaccurate."
68	68	(d) A state agency that determines a vendor is ineligible to
69	69	have a bid accepted or contract awarded under Subsection (b) shall
70	70	immediately terminate the bid or contract without further
71	71	obligation to the vendor. A state agency that receives information
72	72	alleging a vendor submitted a bid for a state contract or awarded a
73	73	state contract in violation of Subsection (b) shall investigate and
74	74	make a determination on the validity of the information.
75	75	(e) An entity or individual is not considered an affiliate
76	76	of another entity or individual for purposes of this section
77	77	unless:
78	78	(1) the entity or individual demonstrates with written
79	79	documentation:
80	80	(A) common ownership, management, or control
81	81	between the parties to the relationship;
82	82	(B) the existence of a franchise granted by the
83	83	other entity or individual to the affiliate; or
84	84	(C) the granting or extension of a license or
85	85	other agreement authorizing the affiliate to use the other entity's
86	86	or individual's brand name, trademark, service mark, or other
87	87	registered identification mark; and
88	88	(2) the written document evidencing the affiliation:
89	89	(A) is a certificate of formation, a franchise
90	90	agreement, standards of affiliation, bylaws, articles of
91	91	incorporation, or a license; and
92	92	(B) is not an agreement related to a physician's
93	93	participation in a physician group practice, hospital group
94	94	agreement, staffing agreement, management agreement, or
95	95	collaborative practice agreement.
96	96	(f) An entity or individual promotes an elective abortion
97	97	for purposes of this section by advancing, furthering, advocating,
98	98	or popularizing the elective abortion, including by:
99	99	(1) securing elective abortion services for a patient
100	100	through affirmative action, including:
101	101	(A) making an appointment;
102	102	(B) obtaining consent for the elective abortion;
103	103	(C) arranging for transportation;
104	104	(D) negotiating a reduction in an elective
105	105	abortion provider fee;
106	106	(E) arranging or scheduling an elective abortion
107	107	procedure; or
108	108	(F) referring a woman to an entity or individual
109	109	that performs elective abortions;
110	110	(2) providing or displaying to a patient information
111	111	that publicizes or advertises an elective abortion service or
112	112	provider; or
113	113	(3) using, displaying, or operating under a brand
114	114	name, trademark, service mark, or other registered identification
115	115	mark of an entity or individual that performs or promotes elective
116	116	abortions.
117	117	(g) An entity or individual does not promote an elective
118	118	abortion for purposes of this section by providing to a patient on
119	119	request:
120	120	(1) neutral, factual information; or
121	121	(2) nondirective counseling.
122	122	(h) This section does not create a cause of action to
123	123	contest a bid or award of a state contract.
124	124	SECTION 2. The changes in law made by this Act apply only in
125	125	relation to a contract for which a state agency first advertises or
126	126	otherwise solicits bids, proposals, offers, or qualifications on or
127	127	after the effective date of this Act.
128	128	SECTION 3. This Act takes effect July 1, 2019, if it
129	129	receives a vote of two-thirds of all the members elected to each
130	130	house, as provided by Section 39, Article III, Texas Constitution.
131	131	If this Act does not receive the vote necessary for immediate
132	132	effect, this Act takes effect September 1, 2019.