88R9911 JG-F
By: Slaton H.B. No. 2765
A BILL TO BE ENTITLED
AN ACT
relating to prohibitions on the use of certain state money for
emergency contraceptives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2273.001, Government Code, is amended by
adding Subdivision (3-a) and amending Subdivision (5) to read as
follows:
(3-a) "Emergency contraceptive" means a drug that:
(A) is used postcoitally with the intent to
prevent a pregnancy;
(B) prevents fertilization of an egg or
implantation of an embryo in a uterus; and
(C) is approved by the United States Food and
Drug Administration.
(5) "Taxpayer resource transaction" means a sale,
purchase, lease, donation of money, goods, services, or real
property, or any other transaction between a governmental entity
and a private entity that provides to the private entity something
of value derived 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 public
services, including fire and police protection and utilities, by a
governmental entity to an abortion provider or affiliate or an
emergency contraceptive provider in the same manner as the entity
provides the services to the general public. The term includes
advocacy or lobbying by or on behalf of a governmental entity on
behalf of the interests of an abortion provider or affiliate or an
emergency contraceptive provider, but does not include:
(A) an officer or employee of a governmental
entity providing information to a member of the legislature or
appearing before a legislative committee at the request of the
member or committee;
(B) an elected official advocating for or against
or otherwise influencing or attempting to influence the outcome of
legislation pending before the legislature while acting in the
capacity of an elected official; or
(C) an individual speaking as a private citizen
on a matter of public concern.
SECTION 2. The heading to Section 2273.003, Government
Code, is amended to read as follows:
Sec. 2273.003. CERTAIN TAXPAYER RESOURCE [ABORTION
PROVIDER AND AFFILIATE] TRANSACTIONS PROHIBITED; EXCEPTION.
SECTION 3. Section 2273.003(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a governmental
entity may not enter into a taxpayer resource transaction with:
(1) an abortion provider or an affiliate of an
abortion provider; or
(2) an emergency contraceptive provider.
SECTION 4. Section 32.005, Health and Safety Code, is
amended to read as follows:
Sec. 32.005. PROVISION OF CERTAIN ABORTION AND EMERGENCY
CONTRACEPTION SERVICES RESTRICTED. (a) In this section,
"emergency contraceptive" has the meaning assigned by Section
2273.001, Government Code.
(b) Notwithstanding any other provision of this chapter,
funds administered under this chapter may not be used to provide
abortion services or emergency contraceptives unless the mother's
life is in danger.
SECTION 5. Section 32.024(c-1), Human Resources Code, is
amended to read as follows:
(c-1) The commission shall ensure that money spent for
purposes of the demonstration project for women's health care
services under former Section 32.0248 or a similar successor
program is not used to perform, provide, or promote elective
abortions or emergency contraceptives, or to contract with entities
that perform, provide, or promote elective abortions or emergency
contraceptives or affiliate with those entities [that perform or
promote elective abortions]. In this subsection, "emergency
contraceptive" has the meaning assigned by Section 2273.001,
Government Code.
SECTION 6. (a) The changes in law made by this Act to
Chapter 2273, Government Code, apply only to a taxpayer resource
transaction entered into on or after the effective date of this Act.
(b) The changes in law made by this Act to Section 32.005,
Health and Safety Code, and Section 32.024, Human Resources Code,
apply only to the use of money that occurs on or after the effective
date of this Act.
SECTION 7. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 8. This Act takes effect September 1, 2023.