86R1408 YDB-F
By: Cain H.B. No. 4407
A BILL TO BE ENTITLED
AN ACT
relating to prohibited state contracts with vendors that perform
elective abortions, destructive embryonic stem cell research, or
human cloning or that conduct research on human fetal tissue.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2155, Government Code, is
amended by adding Section 2155.0061 to read as follows:
Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS
FROM CERTAIN VENDORS. (a) In this section:
(1) "Abortion" has the meaning assigned by Section
245.002, Health and Safety Code.
(2) "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.
(3) "Destructive embryonic stem cell research" means
any research that involves the destruction or disaggregation of a
human embryo.
(4) "Human cloning" means the use of somatic cell
nuclear transfer to produce a human embryo.
(5) "Human embryo" means a living organism of the
species Homo sapiens through the first 56 days of development,
excluding any time during which development is suspended.
(6) "Human fetal tissue" means any gestational human
organ, cell, or tissue from an unborn child.
(7) "Somatic cell" means a cell of a developing or
fully developed human being that is not and will not become a sperm
or egg cell.
(8) "Somatic cell nuclear transfer" means the transfer
of the nucleus of a somatic cell into a human egg cell from which the
nucleus has been removed or rendered inert.
(b) A state agency may not accept a bid from or award a
contract, including a contract for which purchasing authority is
delegated to a state agency, to a vendor that:
(1) performs or promotes elective abortions or is an
affiliate of an entity or individual that performs or promotes
elective abortions;
(2) contracts with an entity or individual that
performs or promotes elective abortions;
(3) intentionally or knowingly:
(A) performs or attempts to perform destructive
embryonic stem cell research or human cloning;
(B) participates in an attempt to perform
destructive embryonic stem cell research or human cloning;
(C) transfers or receives a human embryo for
destructive embryonic stem cell research or a human embryo produced
by human cloning; or
(D) transfers or receives, wholly or partly, any
human egg cell, human sperm cell, human embryo, or somatic cell for
human cloning;
(4) transfers or receives human fetal tissue, cells,
or organs donated by a facility licensed under Chapter 243 or 245,
Health and Safety Code; or
(5) conducts scientific research on human fetal
tissue, cells, or organs donated by a facility licensed under
Chapter 243 or 245, Health and Safety Code.
(c) A bid or contract award subject to the requirements of
this section must include the following statement:
"Under Section 2155.0061, Government Code, the vendor
certifies that the entity or individual named in this bid or
contract is not ineligible to receive the specified contract and
acknowledges that this contract may be terminated and payment
withheld if this certification is inaccurate."
(d) A state agency that determines a vendor is ineligible to
have a bid accepted or contract awarded under Subsection (b) shall
immediately terminate the bid or contract without further
obligation to the vendor. A state agency that receives information
alleging a vendor submitted a bid for a state contract or awarded a
state contract in violation of Subsection (b) shall investigate and
make a determination on the validity of the information.
(e) An entity or individual is not considered an affiliate
of another entity or individual for purposes of this section
unless:
(1) the entity or individual demonstrates with written
documentation:
(A) common ownership, management, or control
between the parties to the relationship;
(B) the existence of a franchise granted by the
other entity or individual to the affiliate; or
(C) 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; and
(2) the written document evidencing the affiliation:
(A) is a certificate of formation, a franchise
agreement, standards of affiliation, bylaws, articles of
incorporation, or a license; and
(B) is not an agreement related to a physician's
participation in a physician group practice, hospital group
agreement, staffing agreement, management agreement, or
collaborative practice agreement.
(f) An entity or individual promotes an elective abortion
for purposes of this section by advancing, furthering, advocating,
or popularizing the elective abortion, including by:
(1) securing elective abortion services for a patient
through affirmative action, including:
(A) making an appointment;
(B) obtaining consent for the elective abortion;
(C) arranging for transportation;
(D) negotiating a reduction in an elective
abortion provider fee;
(E) arranging or scheduling an elective abortion
procedure; or
(F) referring a woman to an entity or individual
that performs elective abortions;
(2) providing or displaying to a patient information
that publicizes or advertises an elective abortion service or
provider; or
(3) using, displaying, or operating under a brand
name, trademark, service mark, or other registered identification
mark of an entity or individual that performs or promotes elective
abortions.
(g) An entity or individual does not promote an elective
abortion for purposes of this section by providing to a patient on
request:
(1) neutral, factual information; or
(2) nondirective counseling.
(h) This section does not create a cause of action to
contest a bid or award of a state contract.
SECTION 2. The changes in law made by this Act apply only in
relation to a contract for which a state agency first advertises or
otherwise solicits bids, proposals, offers, or qualifications 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 immediate
effect, this Act takes effect September 1, 2019.