Texas 2023 - 88th Regular

Texas House Bill HB5249 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Klick H.B. No. 5249
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibiting a public entity from providing financial
7	7	assistance for abortion or abortion-related services; providing
8	8	civil penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2273, Government Code, is amended to
11	11	read as follows:
12	12	CHAPTER 2273. PROHIBITED TRANSACTIONS
13	13	Sec. 2273.001. DEFINITIONS. In this chapter:
14	14	(1) "Abortion" has the meaning assigned by Section
15	15	245.002, Health and Safety Code.
16	16	(2) "Abortion provider" means:
17	17	(A) a facility licensed under Chapter 245, Health
18	18	and Safety Code; [or]
19	19	(B) an ambulatory surgical center defined and
20	20	licensed under Chapter 243, Health and Safety Code, that performs
21	21	abortions; or [is used to perform more than 50 abortions in any
22	22	12-month period]
23	23	(C) a physician as defined by Section 151.002,
24	24	Occupations Code, a pharmacist or pharmacy, as defined by Section
25	25	551.003, Occupations Code, or a health care entity that performs,
26	26	prescribes, or provides abortions.
27	27	(3) "Affiliate" means a person or entity who enters
28	28	into with another person or entity a legal relationship created or
29	29	governed by at least one written instrument, including a
30	30	certificate of formation, a franchise or membership agreement,
31	31	standards of affiliation, bylaws, or a license, that demonstrates:
32	32	(A) common ownership, management, or control
33	33	between the parties to the relationship;
34	34	(B) a franchise granted by the person or entity
35	35	to the affiliate; or
36	36	(C) the granting or extension of a license or
37	37	other agreement authorizing the affiliate to use the other person's
38	38	or entity's brand name, trademark, service mark, or other
39	39	registered identification mark.
40	40	(4) "Financial assistance" means, with respect to a
41	41	government program, governmental payments provided as
42	42	reimbursement for carrying out health-related activities.
43	43	(5) "Health care entity" includes an individual
44	44	physician, pharmacist, or pharmacy technician; a postgraduate
45	45	physician training program; and a participant in a program of
46	46	training in the health professions.
47	47	(6) "Postgraduate physician training program"
48	48	includes a residency training program.
49	49	(7) "Public ["Governmental] entity" means this state,
50	50	a state agency in the executive, judicial, or legislative branch of
51	51	state government, county, city, public school district, public
52	52	hospital district, any public hospital district or public
53	53	university that offers a postgraduate physician training program or
54	54	residency program, or any local or [a] political subdivision of
55	55	this state or an agency of the political subdivision.
56	56	(8) [(5)] "Taxpayer resource transaction" means a
57	57	sale, purchase, lease, loan, grant, reimbursement, financial
58	58	assistance, donation of money, goods, services, or real property,
59	59	or any other transaction between a public [governmental] entity and
60	60	a private entity that provides to the private entity something of
61	61	value derived from state or local tax revenue, regardless of
62	62	whether the public [governmental] entity receives something of
63	63	value in return. The term does not include the provision of basic
64	64	public services, including fire and police protection and
65	65	utilities, by a public [governmental] entity to an abortion
66	66	provider or affiliate in the same manner as the entity provides the
67	67	services to the general public. The term includes advocacy or
68	68	lobbying by or on behalf of a public [governmental] entity on behalf
69	69	of the interests of an abortion provider or affiliate, but does not
70	70	include:
71	71	(A) an officer or employee of a public
72	72	[governmental] entity providing information to a member of the
73	73	legislature or appearing before a legislative committee at the
74	74	request of the member or committee;
75	75	(B) an elected official advocating for or against
76	76	or otherwise influencing or attempting to influence the outcome of
77	77	legislation pending before the legislature while acting in the
78	78	capacity of an elected official; or
79	79	(C) an individual speaking as a private citizen
80	80	on a matter of public concern.
81	81	Sec. 2273.002. APPLICABILITY. [(a) This chapter does not
82	82	apply to:
83	83	[(1) a hospital licensed under Chapter 241, Health and
84	84	Safety Code;
85	85	[(2) the office of a physician licensed under Subtitle
86	86	B, Title 3, Occupations Code, that performs 50 or fewer abortions in
87	87	any 12-month period;
88	88	[(3) a state hospital as defined by Section 552.0011,
89	89	Health and Safety Code;
90	90	[(4) a teaching hospital of a public or private
91	91	institution of higher education; or
92	92	[(5) an accredited residency program providing
93	93	training to resident physicians.
94	94	[(b)] For purposes of this chapter, a facility is not
95	95	considered to be an abortion provider solely based on the
96	96	performance of a procedure [an abortion] at the facility during a
97	97	medical emergency as defined by Section 171.002, Health and Safety
98	98	Code, or to save the life of the mother.
99	99	Sec. 2273.003. ABORTION PROVIDER AND AFFILIATE
100	100	TRANSACTIONS PROHIBITED[; EXCEPTION]. (a) A public entity in this
101	101	state shall not make [Except as provided by Subsection (b), a
102	102	governmental entity may not enter into] a taxpayer resource
103	103	transaction with any funds under its control to prescribe, provide,
104	104	perform, or induce an abortion; assist in the prescription,
105	105	provision, or performance of an abortion; refer for an abortion; or
106	106	provide facilities for an abortion or for training to prescribe,
107	107	provide, or perform [provider or an affiliate of] an abortion
108	108	[provider].
109	109	(b) A public entity in this state shall not enter into [This
110	110	section does not apply to] a taxpayer resource transaction with an
111	111	abortion prescriber or provider or an affiliate of an abortion
112	112	provider, including pharmacies.
113	113	(c) A public entity in this state shall not assist in the
114	114	training of staff or students, or conduct training for any health
115	115	care entity, on abortion [that is subject to a federal law in
116	116	conflict with Subsection (a) as determined by the executive
117	117	commissioner of the Health and Human Services Commission and
118	118	confirmed in writing by the attorney general].
119	119	Sec. 2273.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
120	120	attorney general may bring an action in the name of the state to
121	121	enjoin a violation of Section 2272.003. The attorney general may
122	122	recover reasonable attorney's fees and costs incurred in bringing
123	123	an action under this subsection and Section 2273.006.
124	124	(b) Sovereign or governmental immunity, as applicable, of a
125	125	governmental entity to suit and from liability is waived to the
126	126	extent of liability created by Subsection (a) and Section 2273.003.
127	127	Sec. 2273.005. CONSTRUCTION OF CHAPTER. (a) This section
128	128	supersedes any previous law regarding restrictions on the use of
129	129	public funds for abortion or on taxpayer resource transactions with
130	130	abortion providers or affiliates of abortion providers. If any
131	131	current or future law regarding restrictions on the use of public
132	132	funds for abortion or on taxpayer resource transactions with
133	133	abortion providers or affiliates of abortion providers conflicts
134	134	with this section, the more restrictive provision shall apply.
135	135	(b) This chapter may not be construed to restrict a
136	136	municipality or county from prohibiting abortion.
137	137	Sec. 2273.006. ENFORCEMENT. (a) The attorney general may
138	138	bring an action in the name of the state to enjoin a violation of
139	139	Section 2273.003.
140	140	(b) A person may bring a civil action to enjoin a violation
141	141	of Section 2273.003 for the person and for the state. The action
142	142	must be brought in the name of the person and of the state. A person
143	143	bringing an action under this chapter shall serve a copy of the
144	144	petition and a written disclosure of substantially all material
145	145	evidence and information the person possesses on the attorney
146	146	general in compliance with the Texas Rules of Civil Procedure.
147	147	(c) A person who violates this chapter is subject to a civil
148	148	penalty of up to $25,000 for each violation. An entity that
149	149	violates this chapter is subject to a civil penalty of up to $50,000
150	150	for each violation and a loss of funding from the applicable public
151	151	entity.
152	152	SECTION 2. The Health and Human Services Commission shall
153	153	adopt rules or enter into binding agreements, such as with an
154	154	accrediting agency described by the federal Coats-Snowe Amendment
155	155	(42 U.S.C. Section 238n), as necessary to implement the changes in
156	156	law made by Section 1 of this Act.
157	157	SECTION 3. This Act takes effect September 1, 2023.