Texas 2023 - 88th Regular

Texas House Bill HB4089 Compare Versions

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1	1	88R13647 MPF-F
2	2	By: Oliverson H.B. No. 4089
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Alternatives to Abortion Program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle B, Title 2, Health and Safety Code, is
10	10	amended by adding Chapter 54 to read as follows:
11	11	CHAPTER 54. TEXAS ALTERNATIVES TO ABORTION PROGRAM
12	12	Sec. 54.001. DEFINITIONS. In this chapter:
13	13	(1) "Client" means a woman or man who is eligible to
14	14	receive program services under Section 54.004.
15	15	(2) "Pregnancy support services" means nonmedical
16	16	services that promote childbirth instead of abortion by providing
17	17	information, counseling, and support services to assist pregnant
18	18	women or women who believe they may be pregnant in choosing
19	19	childbirth and making informed decisions regarding the choice of
20	20	adoption or parenting with respect to their children.
21	21	(3) "Program" means the Texas Alternatives to Abortion
22	22	Program established by the commission to enhance and increase
23	23	resources that promote childbirth for women facing unplanned
24	24	pregnancy.
25	25	Sec. 54.002. ADMINISTRATION; PURPOSE. (a) The commission
26	26	shall oversee the Texas Alternatives to Abortion Program as a
27	27	statewide social service program to promote healthy pregnancies,
28	28	childbirth, parenting, and adoption through nonprofit contractors
29	29	that provide pregnancy support services.
30	30	(b) The program is funded through:
31	31	(1) legislative appropriations; and
32	32	(2) the unobligated and unexpended balance in the
33	33	Texas Pregnancy and Adoption Program as of August 31, 2024.
34	34	(c) The purposes of the program are to:
35	35	(1) provide a local approach and personalized support
36	36	to pregnant women to promote childbirth in all instances of
37	37	pregnancy;
38	38	(2) provide and promote healthy pregnancies;
39	39	(3) educate biological parents about healthy
40	40	parenting and adoption;
41	41	(4) improve the pregnancy, parenting, and adoption
42	42	situations of biological parents; and
43	43	(5) assist adoptive parents and potential adoptive
44	44	parents with support for and education about adoption and
45	45	parenting.
46	46	Sec. 54.003. PROGRAM SERVICES, MATERIALS, AND MARKETING.
47	47	The program shall provide, either directly or through a
48	48	subcontractor, services and materials that improve pregnancy or
49	49	parenting experiences, including:
50	50	(1) the provision of counseling, mentoring,
51	51	educational materials, and classes regarding pregnancy, parenting,
52	52	adoption, life skills, and employment readiness;
53	53	(2) the provision of nonmedical material assistance,
54	54	including maternity clothing, formula, and diapers; and
55	55	(3) marketing services to educate the public about the
56	56	availability of program services, including the use of social media
57	57	marketing, internet marketing, outdoor billboard marketing,
58	58	television marketing, and radio marketing.
59	59	Sec. 54.004. PROGRAM ELIGIBILITY. (a) A woman or man is
60	60	eligible to receive program services under this chapter if the
61	61	woman or man:
62	62	(1) is in this state at the time program services are
63	63	provided; and
64	64	(2) is either:
65	65	(A) the biological parent of a child of less than
66	66	three years of age, including an unborn child, and who:
67	67	(i) has parental rights to the child;
68	68	(ii) voluntarily relinquished parental
69	69	rights to the child, provided the rights were relinquished not more
70	70	than 180 days before the date program services are provided; or
71	71	(iii) has experienced the death of the
72	72	child, including in utero, not more than 180 days before the date
73	73	the program services are provided; or
74	74	(B) planning in the next 12 months to adopt or has
75	75	adopted a child of less than three years of age.
76	76	(b) The commission may not impose eligibility requirements
77	77	based on citizenship, residency, or income.
78	78	Sec. 54.005. CONTRACTOR AND CONTRACT REQUIREMENTS. (a)
79	79	The commission shall enter into contracts with program contractors
80	80	that:
81	81	(1) are able to provide the program services and
82	82	materials to clients and their family members;
83	83	(2) are exempt from federal income taxation; and
84	84	(3) have provided contracted services under the
85	85	program for the commission for at least two years.
86	86	(b) A contract entered into under this chapter must cover a
87	87	two-year period beginning September 1 of an odd-numbered year
88	88	through August 31 of the next odd-numbered year.
89	89	(c) The amount of a contract must be in proportion to the
90	90	amount of program services and materials provided by the program
91	91	contractor.
92	92	(d) The commission may not impose other requirements on
93	93	program contractors and subcontractors except those prescribed by
94	94	this chapter and in the uniform terms imposed by the commission for
95	95	commission grants.
96	96	Sec. 54.006. PROVISION OF PROGRAM SERVICES AND MATERIALS BY
97	97	CONTRACTORS OR SUBCONTRACTORS. (a) A program contractor may
98	98	provide program services and materials directly or through a
99	99	contract with a subcontractor.
100	100	(b) To provide services and materials under the program, a
101	101	contractor and subcontractor must:
102	102	(1) provide program training for:
103	103	(A) all new employees and volunteers and ensure
104	104	that all new employees and volunteers read the contractor's
105	105	compliance manual and complete training before providing program
106	106	services to clients; and
107	107	(B) all existing employees and volunteers at
108	108	least once per year;
109	109	(2) ensure all client educational materials are
110	110	current and reference citations to peer-reviewed journals, to
111	111	mainstream medical organizations such as the American Academy of
112	112	Pediatrics or the American Medical Association, or to federal or
113	113	state agencies such as the National Institutes of Health or the
114	114	commission;
115	115	(3) ensure the most recent version of the
116	116	informational materials described by Section 171.014 is present to
117	117	educate pregnant clients about their options;
118	118	(4) ensure each client is provided an optional survey
119	119	or other method to provide comments about the services the client
120	120	received;
121	121	(5) promote childbirth rather than abortion in its
122	122	response to a pregnancy and agree that a contractor or
123	123	subcontractor will not promote, make referrals, or provide
124	124	abortions to women and men, regardless of whether they are clients;
125	125	(6) adopt privacy and security policies;
126	126	(7) be a legally separate entity from any abortion
127	127	services provider and not have entered into a legal or monetary
128	128	relationship with an abortion services provider;
129	129	(8) adopt a policy to maintain documents sufficient to
130	130	ensure the accuracy and validity of the contractor's or
131	131	subcontractor's invoices until the seventh anniversary of the date
132	132	the program services and materials are provided;
133	133	(9) use the necessary administrative, technical, and
134	134	physical safeguards to protect the security of confidential
135	135	information; and
136	136	(10) provide program services to clients free of
137	137	charge and without regard to a client's income, citizenship, or
138	138	residency.
139	139	(c) To provide services and materials under the program, a
140	140	contractor or subcontractor may not:
141	141	(1) share any employees or members of its governing
142	142	body with an abortion services provider or affiliate;
143	143	(2) display or use the names or trademarks of an
144	144	abortion services provider in describing or naming the contractor
145	145	or subcontractor;
146	146	(3) use graphic images or graphic descriptions of
147	147	abortion procedures in its services and materials, regardless of
148	148	whether the contractor or subcontractor is providing services to
149	149	clients;
150	150	(4) use or distribute to women and men, regardless of
151	151	whether the woman or man is a client, any educational materials that
152	152	promote or provide referrals for abortions; or
153	153	(5) provide family planning services.
154	154	Sec. 54.007. OVERSIGHT OF CONTRACTORS AND SUBCONTRACTORS.
155	155	(a) One full-time commission employee shall oversee program
156	156	contractors and ensure compliance with commission contracting
157	157	procedures and all other relevant laws and policies.
158	158	(b) A program contractor is responsible for monitoring each
159	159	of the contractor's subcontractors annually to ensure compliance
160	160	with this chapter.
161	161	Sec. 54.008. ANNUAL REPORT. Not later than December 1 of
162	162	each year, the commission shall submit a written report to the
163	163	Legislative Budget Board and the governor on:
164	164	(1) the total amount of services and materials
165	165	provided by each program contractor, either directly or through
166	166	subcontractors, by geographical region;
167	167	(2) the total number of program contractors, including
168	168	subcontractors, by geographical region;
169	169	(3) the total number of unduplicated clients served by
170	170	each contractor, by gender and age;
171	171	(4) a description of program marketing efforts by
172	172	program contractors;
173	173	(5) the total amount of program expenses, sorted by
174	174	method of funding;
175	175	(6) the total contract amount for each program
176	176	contractor and subcontractor;
177	177	(7) the percentage of pregnant clients who were
178	178	connected to health care providers or programs;
179	179	(8) the percentage of pregnant clients who were
180	180	provided education about nutrition or nutritional distributions;
181	181	and
182	182	(9) the percentage of all clients who were provided
183	183	education about family economic self-sufficiency and stability.
184	184	SECTION 2. This Act takes effect September 1, 2023.