88R13647 MPF-F
By: Oliverson H.B. No. 4089
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Alternatives to Abortion Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Health and Safety Code, is
amended by adding Chapter 54 to read as follows:
CHAPTER 54. TEXAS ALTERNATIVES TO ABORTION PROGRAM
Sec. 54.001. DEFINITIONS. In this chapter:
(1) "Client" means a woman or man who is eligible to
receive program services under Section 54.004.
(2) "Pregnancy support services" means nonmedical
services that promote childbirth instead of abortion by providing
information, counseling, and support services to assist pregnant
women or women who believe they may be pregnant in choosing
childbirth and making informed decisions regarding the choice of
adoption or parenting with respect to their children.
(3) "Program" means the Texas Alternatives to Abortion
Program established by the commission to enhance and increase
resources that promote childbirth for women facing unplanned
pregnancy.
Sec. 54.002. ADMINISTRATION; PURPOSE. (a) The commission
shall oversee the Texas Alternatives to Abortion Program as a
statewide social service program to promote healthy pregnancies,
childbirth, parenting, and adoption through nonprofit contractors
that provide pregnancy support services.
(b) The program is funded through:
(1) legislative appropriations; and
(2) the unobligated and unexpended balance in the
Texas Pregnancy and Adoption Program as of August 31, 2024.
(c) The purposes of the program are to:
(1) provide a local approach and personalized support
to pregnant women to promote childbirth in all instances of
pregnancy;
(2) provide and promote healthy pregnancies;
(3) educate biological parents about healthy
parenting and adoption;
(4) improve the pregnancy, parenting, and adoption
situations of biological parents; and
(5) assist adoptive parents and potential adoptive
parents with support for and education about adoption and
parenting.
Sec. 54.003. PROGRAM SERVICES, MATERIALS, AND MARKETING.
The program shall provide, either directly or through a
subcontractor, services and materials that improve pregnancy or
parenting experiences, including:
(1) the provision of counseling, mentoring,
educational materials, and classes regarding pregnancy, parenting,
adoption, life skills, and employment readiness;
(2) the provision of nonmedical material assistance,
including maternity clothing, formula, and diapers; and
(3) marketing services to educate the public about the
availability of program services, including the use of social media
marketing, internet marketing, outdoor billboard marketing,
television marketing, and radio marketing.
Sec. 54.004. PROGRAM ELIGIBILITY. (a) A woman or man is
eligible to receive program services under this chapter if the
woman or man:
(1) is in this state at the time program services are
provided; and
(2) is either:
(A) the biological parent of a child of less than
three years of age, including an unborn child, and who:
(i) has parental rights to the child;
(ii) voluntarily relinquished parental
rights to the child, provided the rights were relinquished not more
than 180 days before the date program services are provided; or
(iii) has experienced the death of the
child, including in utero, not more than 180 days before the date
the program services are provided; or
(B) planning in the next 12 months to adopt or has
adopted a child of less than three years of age.
(b) The commission may not impose eligibility requirements
based on citizenship, residency, or income.
Sec. 54.005. CONTRACTOR AND CONTRACT REQUIREMENTS. (a)
The commission shall enter into contracts with program contractors
that:
(1) are able to provide the program services and
materials to clients and their family members;
(2) are exempt from federal income taxation; and
(3) have provided contracted services under the
program for the commission for at least two years.
(b) A contract entered into under this chapter must cover a
two-year period beginning September 1 of an odd-numbered year
through August 31 of the next odd-numbered year.
(c) The amount of a contract must be in proportion to the
amount of program services and materials provided by the program
contractor.
(d) The commission may not impose other requirements on
program contractors and subcontractors except those prescribed by
this chapter and in the uniform terms imposed by the commission for
commission grants.
Sec. 54.006. PROVISION OF PROGRAM SERVICES AND MATERIALS BY
CONTRACTORS OR SUBCONTRACTORS. (a) A program contractor may
provide program services and materials directly or through a
contract with a subcontractor.
(b) To provide services and materials under the program, a
contractor and subcontractor must:
(1) provide program training for:
(A) all new employees and volunteers and ensure
that all new employees and volunteers read the contractor's
compliance manual and complete training before providing program
services to clients; and
(B) all existing employees and volunteers at
least once per year;
(2) ensure all client educational materials are
current and reference citations to peer-reviewed journals, to
mainstream medical organizations such as the American Academy of
Pediatrics or the American Medical Association, or to federal or
state agencies such as the National Institutes of Health or the
commission;
(3) ensure the most recent version of the
informational materials described by Section 171.014 is present to
educate pregnant clients about their options;
(4) ensure each client is provided an optional survey
or other method to provide comments about the services the client
received;
(5) promote childbirth rather than abortion in its
response to a pregnancy and agree that a contractor or
subcontractor will not promote, make referrals, or provide
abortions to women and men, regardless of whether they are clients;
(6) adopt privacy and security policies;
(7) be a legally separate entity from any abortion
services provider and not have entered into a legal or monetary
relationship with an abortion services provider;
(8) adopt a policy to maintain documents sufficient to
ensure the accuracy and validity of the contractor's or
subcontractor's invoices until the seventh anniversary of the date
the program services and materials are provided;
(9) use the necessary administrative, technical, and
physical safeguards to protect the security of confidential
information; and
(10) provide program services to clients free of
charge and without regard to a client's income, citizenship, or
residency.
(c) To provide services and materials under the program, a
contractor or subcontractor may not:
(1) share any employees or members of its governing
body with an abortion services provider or affiliate;
(2) display or use the names or trademarks of an
abortion services provider in describing or naming the contractor
or subcontractor;
(3) use graphic images or graphic descriptions of
abortion procedures in its services and materials, regardless of
whether the contractor or subcontractor is providing services to
clients;
(4) use or distribute to women and men, regardless of
whether the woman or man is a client, any educational materials that
promote or provide referrals for abortions; or
(5) provide family planning services.
Sec. 54.007. OVERSIGHT OF CONTRACTORS AND SUBCONTRACTORS.
(a) One full-time commission employee shall oversee program
contractors and ensure compliance with commission contracting
procedures and all other relevant laws and policies.
(b) A program contractor is responsible for monitoring each
of the contractor's subcontractors annually to ensure compliance
with this chapter.
Sec. 54.008. ANNUAL REPORT. Not later than December 1 of
each year, the commission shall submit a written report to the
Legislative Budget Board and the governor on:
(1) the total amount of services and materials
provided by each program contractor, either directly or through
subcontractors, by geographical region;
(2) the total number of program contractors, including
subcontractors, by geographical region;
(3) the total number of unduplicated clients served by
each contractor, by gender and age;
(4) a description of program marketing efforts by
program contractors;
(5) the total amount of program expenses, sorted by
method of funding;
(6) the total contract amount for each program
contractor and subcontractor;
(7) the percentage of pregnant clients who were
connected to health care providers or programs;
(8) the percentage of pregnant clients who were
provided education about nutrition or nutritional distributions;
and
(9) the percentage of all clients who were provided
education about family economic self-sufficiency and stability.
SECTION 2. This Act takes effect September 1, 2023.