| 1 | 1 | | By: Noble H.B. No. 36 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibited logistical support by a governmental entity |
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| 7 | 7 | | for procurement of an abortion or the services of an abortion |
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| 8 | 8 | | provider. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2272, Government Code, as added by |
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| 11 | 11 | | Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular |
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| 12 | 12 | | Session, 2019, is amended by adding Section 2272.0031 to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Sec. 2272.0031. LOGISTICAL SUPPORT PROHIBITED. (a) Except |
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| 15 | 15 | | as provided by Subsection (b), a governmental entity may not enter |
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| 16 | 16 | | into a taxpayer resource transaction or appropriate or spend money |
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| 17 | 17 | | to provide to any person logistical support for the express purpose |
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| 18 | 18 | | of assisting a woman with procuring an abortion or the services of |
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| 19 | 19 | | an abortion provider. Logistical support includes providing money |
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| 20 | 20 | | for: |
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| 21 | 21 | | (1) child care; |
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| 22 | 22 | | (2) travel or any form of transportation to or from an |
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| 23 | 23 | | abortion provider; |
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| 24 | 24 | | (3) lodging; |
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| 25 | 25 | | (4) food or food preparation; |
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| 26 | 26 | | (5) counseling that encourages a woman to have an |
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| 27 | 27 | | abortion; and |
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| 28 | 28 | | (6) any other service that facilitates the provision |
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| 29 | 29 | | of an abortion. |
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| 30 | 30 | | (b) This section does not apply to a taxpayer resource |
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| 31 | 31 | | transaction entered into or money appropriated or spent by a |
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| 32 | 32 | | governmental entity that is subject to a federal law in conflict |
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| 33 | 33 | | with Subsection (a) as determined by the executive commissioner of |
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| 34 | 34 | | the Health and Human Services Commission and confirmed in writing |
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| 35 | 35 | | by the attorney general. |
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| 36 | 36 | | SECTION 2. Section 2272.004(a), Government Code, as added |
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| 37 | 37 | | by Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular |
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| 38 | 38 | | Session, 2019, is amended to read as follows: |
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| 39 | 39 | | (a) The attorney general may bring an action in the name of |
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| 40 | 40 | | the state to enjoin a violation of Section 2272.003 or 2272.0031. |
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| 41 | 41 | | The attorney general may recover reasonable attorney's fees and |
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| 42 | 42 | | costs incurred in bringing an action under this subsection. |
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| 43 | 43 | | SECTION 3. It is the intent of the legislature that every |
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| 44 | 44 | | provision, section, subsection, sentence, clause, phrase, or word |
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| 45 | 45 | | in this Act, and every application of the provisions in this Act to |
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| 46 | 46 | | each person or entity, are severable from each other. If any |
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| 47 | 47 | | application of any provision in this Act to any person, group of |
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| 48 | 48 | | persons, or circumstances is found by a court to be invalid for any |
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| 49 | 49 | | reason, the remaining applications of that provision to all other |
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| 50 | 50 | | persons and circumstances shall be severed and may not be affected. |
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| 51 | 51 | | SECTION 4. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect on the 91st day after the last day of the |
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| 56 | 56 | | legislative session. |
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