Texas 2023 - 88th Regular

Texas House Bill HB2765 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9911 JG-F
2	2	By: Slaton H.B. No. 2765
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibitions on the use of certain state money for
8	8	emergency contraceptives.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2273.001, Government Code, is amended by
11	11	adding Subdivision (3-a) and amending Subdivision (5) to read as
12	12	follows:
13	13	(3-a) "Emergency contraceptive" means a drug that:
14	14	(A) is used postcoitally with the intent to
15	15	prevent a pregnancy;
16	16	(B) prevents fertilization of an egg or
17	17	implantation of an embryo in a uterus; and
18	18	(C) is approved by the United States Food and
19	19	Drug Administration.
20	20	(5) "Taxpayer resource transaction" means a sale,
21	21	purchase, lease, donation of money, goods, services, or real
22	22	property, or any other transaction between a governmental entity
23	23	and a private entity that provides to the private entity something
24	24	of value derived from state or local tax revenue, regardless of
25	25	whether the governmental entity receives something of value in
26	26	return. The term does not include the provision of basic public
27	27	services, including fire and police protection and utilities, by a
28	28	governmental entity to an abortion provider or affiliate or an
29	29	emergency contraceptive provider in the same manner as the entity
30	30	provides the services to the general public. The term includes
31	31	advocacy or lobbying by or on behalf of a governmental entity on
32	32	behalf of the interests of an abortion provider or affiliate or an
33	33	emergency contraceptive provider, but does not include:
34	34	(A) an officer or employee of a governmental
35	35	entity providing information to a member of the legislature or
36	36	appearing before a legislative committee at the request of the
37	37	member or committee;
38	38	(B) an elected official advocating for or against
39	39	or otherwise influencing or attempting to influence the outcome of
40	40	legislation pending before the legislature while acting in the
41	41	capacity of an elected official; or
42	42	(C) an individual speaking as a private citizen
43	43	on a matter of public concern.
44	44	SECTION 2. The heading to Section 2273.003, Government
45	45	Code, is amended to read as follows:
46	46	Sec. 2273.003. CERTAIN TAXPAYER RESOURCE [ABORTION
47	47	PROVIDER AND AFFILIATE] TRANSACTIONS PROHIBITED; EXCEPTION.
48	48	SECTION 3. Section 2273.003(a), Government Code, is amended
49	49	to read as follows:
50	50	(a) Except as provided by Subsection (b), a governmental
51	51	entity may not enter into a taxpayer resource transaction with:
52	52	(1) an abortion provider or an affiliate of an
53	53	abortion provider; or
54	54	(2) an emergency contraceptive provider.
55	55	SECTION 4. Section 32.005, Health and Safety Code, is
56	56	amended to read as follows:
57	57	Sec. 32.005. PROVISION OF CERTAIN ABORTION AND EMERGENCY
58	58	CONTRACEPTION SERVICES RESTRICTED. (a) In this section,
59	59	"emergency contraceptive" has the meaning assigned by Section
60	60	2273.001, Government Code.
61	61	(b) Notwithstanding any other provision of this chapter,
62	62	funds administered under this chapter may not be used to provide
63	63	abortion services or emergency contraceptives unless the mother's
64	64	life is in danger.
65	65	SECTION 5. Section 32.024(c-1), Human Resources Code, is
66	66	amended to read as follows:
67	67	(c-1) The commission shall ensure that money spent for
68	68	purposes of the demonstration project for women's health care
69	69	services under former Section 32.0248 or a similar successor
70	70	program is not used to perform, provide, or promote elective
71	71	abortions or emergency contraceptives, or to contract with entities
72	72	that perform, provide, or promote elective abortions or emergency
73	73	contraceptives or affiliate with those entities [that perform or
74	74	promote elective abortions]. In this subsection, "emergency
75	75	contraceptive" has the meaning assigned by Section 2273.001,
76	76	Government Code.
77	77	SECTION 6. (a) The changes in law made by this Act to
78	78	Chapter 2273, Government Code, apply only to a taxpayer resource
79	79	transaction entered into on or after the effective date of this Act.
80	80	(b) The changes in law made by this Act to Section 32.005,
81	81	Health and Safety Code, and Section 32.024, Human Resources Code,
82	82	apply only to the use of money that occurs on or after the effective
83	83	date of this Act.
84	84	SECTION 7. If before implementing any provision of this Act
85	85	a state agency determines that a waiver or authorization from a
86	86	federal agency is necessary for implementation of that provision,
87	87	the agency affected by the provision shall request the waiver or
88	88	authorization and may delay implementing that provision until the
89	89	waiver or authorization is granted.
90	90	SECTION 8. This Act takes effect September 1, 2023.