Texas 2019 - 86th Regular

Texas Senate Bill SB22 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 22
	1	+	By: Campbell, et al. S.B. No. 22
	2	+	(Noble, Morrison, King of Parker, Klick, Springer, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to prohibiting certain transactions between a
6	8		governmental entity and an abortion provider or affiliate of the
7	9		provider.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle F, Title 10, Government Code, is
10	12		amended by adding Chapter 2272 to read as follows:
11	13		CHAPTER 2272. PROHIBITED TRANSACTIONS
12	14		Sec. 2272.001. DEFINITIONS. In this chapter:
13	15		(1) "Abortion" has the meaning assigned by Section
14	16		245.002, Health and Safety Code.
15	17		(2) "Abortion provider" means:
16	18		(A) a facility licensed under Chapter 245, Health
17	19		and Safety Code; or
18	20		(B) an ambulatory surgical center licensed under
19	21		Chapter 243, Health and Safety Code, that is used to perform more
20	22		than 50 abortions in any 12-month period.
21	23		(3) "Affiliate" means a person or entity who enters
22	24		into with another person or entity a legal relationship created or
23	25		governed by at least one written instrument, including a
24	26		certificate of formation, a franchise agreement, standards of
25	27		affiliation, bylaws, or a license, that demonstrates:
26	28		(A) common ownership, management, or control
27	29		between the parties to the relationship;
28	30		(B) a franchise granted by the person or entity
29	31		to the affiliate; or
30	32		(C) the granting or extension of a license or
31	33		other agreement authorizing the affiliate to use the other person's
32	34		or entity's brand name, trademark, service mark, or other
33	35		registered identification mark.
34	36		(4) "Governmental entity" means this state, a state
35	37		agency in the executive, judicial, or legislative branch of state
36	38		government, or a political subdivision of this state.
37	39		(5) "Taxpayer resource transaction" means a sale,
38	40		purchase, lease, donation of money, goods, services, or real
39	41		property, or any other transaction between a governmental entity
40	42		and a private entity that provides to the private entity something
41	43		of value derived from state or local tax revenue, regardless of
42	44		whether the governmental entity receives something of value in
43	45		return. The term does not include the provision of basic public
44	46		services, including fire and police protection and utilities, by a
45	47		governmental entity to an abortion provider or affiliate in the
46	48		same manner as the entity provides the services to the general
47	49		public. The term includes advocacy or lobbying by or on behalf of a
48	50		governmental entity on behalf of the interests of an abortion
49	51		provider or affiliate, but does not include:
50	52		(A) an officer or employee of a governmental
51	53		entity providing information to a member of the legislature or
52	54		appearing before a legislative committee at the request of the
53	55		member or committee;
54	56		(B) an elected official advocating for or against
55	57		or otherwise influencing or attempting to influence the outcome of
56	58		legislation pending before the legislature while acting in the
57	59		capacity of an elected official; or
58	60		(C) an individual speaking as a private citizen
59	61		on a matter of public concern.
60	62		Sec. 2272.002. APPLICABILITY. (a) This chapter does not
61	63		apply to:
62	64		(1) a hospital licensed under Chapter 241, Health and
63	65		Safety Code;
64	66		(2) the office of a physician licensed under Subtitle
65	67		B, Title 3, Occupations Code, that performs 50 or fewer abortions in
66	68		any 12-month period;
67	69		(3) a state hospital as defined by Section 552.0011,
68	70		Health and Safety Code;
69	71		(4) a teaching hospital of a public or private
70	72		institution of higher education; or
71	73		(5) an accredited residency program providing
72	74		training to resident physicians.
73	75		(b) For purposes of this chapter, a facility is not
74	76		considered to be an abortion provider solely based on the
75	77		performance of an abortion at the facility during a medical
76	78		emergency as defined by Section 171.002, Health and Safety Code.
77	79		Sec. 2272.003. ABORTION PROVIDER AND AFFILIATE
78	80		TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
79	81		Subsection (b), a governmental entity may not enter into a taxpayer
80	82		resource transaction with an abortion provider or an affiliate of
81	83		an abortion provider.
82	84		(b) This section does not apply to a taxpayer resource
83	85		transaction that is subject to a federal law in conflict with
84	86		Subsection (a) as determined by the executive commissioner of the
85	87		Health and Human Services Commission and confirmed in writing by
86	88		the attorney general.
87	89		Sec. 2272.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
88	90		attorney general may bring an action in the name of the state to
89	91		enjoin a violation of Section 2272.003. The attorney general may
90	92		recover reasonable attorney's fees and costs incurred in bringing
91	93		an action under this subsection.
92	94		(b) Sovereign or governmental immunity, as applicable, of a
93	95		governmental entity to suit and from liability is waived to the
94	96		extent of liability created by Subsection (a).
95		-	Sec. 2272.005. CONSTRUCTION OF CHAPTER. This chapter may
96		-	not be construed to restrict a municipality or county from
97		-	prohibiting abortion.
98	97		SECTION 2. Chapter 2272, Government Code, as added by this
99	98		Act, applies only to a taxpayer resource transaction entered into
100	99		on or after the effective date of this Act.
101		-	SECTION 3. It is the intent of the legislature that every
102		-	provision, section, subsection, sentence, clause, phrase, or word
103		-	in this Act, and every application of the provisions in this Act to
104		-	each person or entity, are severable from each other. If any
105		-	application of any provision in this Act to any person, group of
106		-	persons, or circumstances is found by a court to be invalid for any
107		-	reason, the remaining applications of that provision to all other
108		-	persons and circumstances shall be severed and may not be affected.
109		-	SECTION 4. This Act takes effect immediately if it receives
	100	+	SECTION 3. This Act takes effect immediately if it receives
110	101		a vote of two-thirds of all the members elected to each house, as
111	102		provided by Section 39, Article III, Texas Constitution. If this
112	103		Act does not receive the vote necessary for immediate effect, this
113	104		Act takes effect September 1, 2019.
114		-	______________________________ ______________________________
115		-	President of the Senate Speaker of the House
116		-	I hereby certify that S.B. No. 22 passed the Senate on
117		-	April 2, 2019, by the following vote: Yeas 20, Nays 11; and that
118		-	the Senate concurred in House amendment on May 24, 2019, by the
119		-	following vote: Yeas 20, Nays 11.
120		-	______________________________
121		-	Secretary of the Senate
122		-	I hereby certify that S.B. No. 22 passed the House, with
123		-	amendment, on May 17, 2019, by the following vote: Yeas 83,
124		-	Nays 63, one present not voting.
125		-	______________________________
126		-	Chief Clerk of the House
127		-	Approved:
128		-	______________________________
129		-	Date
130		-	______________________________
131		-	Governor