By: Klick H.B. No. 5249
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a public entity from providing financial
assistance for abortion or abortion-related services; providing
civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2273, Government Code, is amended to
read as follows:
CHAPTER 2273. PROHIBITED TRANSACTIONS
Sec. 2273.001. DEFINITIONS. In this chapter:
(1) "Abortion" has the meaning assigned by Section
245.002, Health and Safety Code.
(2) "Abortion provider" means:
(A) a facility licensed under Chapter 245, Health
and Safety Code; [or]
(B) an ambulatory surgical center defined and
licensed under Chapter 243, Health and Safety Code, that performs
abortions; or [is used to perform more than 50 abortions in any
12-month period]
(C) a physician as defined by Section 151.002,
Occupations Code, a pharmacist or pharmacy, as defined by Section
551.003, Occupations Code, or a health care entity that performs,
prescribes, or provides abortions.
(3) "Affiliate" means a person or entity who enters
into with another person or entity a legal relationship created or
governed by at least one written instrument, including a
certificate of formation, a franchise or membership agreement,
standards of affiliation, bylaws, or a license, that demonstrates:
(A) common ownership, management, or control
between the parties to the relationship;
(B) a franchise granted by the person or entity
to the affiliate; or
(C) the granting or extension of a license or
other agreement authorizing the affiliate to use the other person's
or entity's brand name, trademark, service mark, or other
registered identification mark.
(4) "Financial assistance" means, with respect to a
government program, governmental payments provided as
reimbursement for carrying out health-related activities.
(5) "Health care entity" includes an individual
physician, pharmacist, or pharmacy technician; a postgraduate
physician training program; and a participant in a program of
training in the health professions.
(6) "Postgraduate physician training program"
includes a residency training program.
(7) "Public ["Governmental] entity" means this state,
a state agency in the executive, judicial, or legislative branch of
state government, county, city, public school district, public
hospital district, any public hospital district or public
university that offers a postgraduate physician training program or
residency program, or any local or [a] political subdivision of
this state or an agency of the political subdivision.
(8) [(5)] "Taxpayer resource transaction" means a
sale, purchase, lease, loan, grant, reimbursement, financial
assistance, donation of money, goods, services, or real property,
or any other transaction between a public [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 public [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 public [governmental] entity to an abortion
provider or affiliate 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 public [governmental] entity on behalf
of the interests of an abortion provider or affiliate, but does not
include:
(A) an officer or employee of a public
[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.
Sec. 2273.002. APPLICABILITY. [(a) This chapter does not
apply to:
[(1) a hospital licensed under Chapter 241, Health and
Safety Code;
[(2) the office of a physician licensed under Subtitle
B, Title 3, Occupations Code, that performs 50 or fewer abortions in
any 12-month period;
[(3) a state hospital as defined by Section 552.0011,
Health and Safety Code;
[(4) a teaching hospital of a public or private
institution of higher education; or
[(5) an accredited residency program providing
training to resident physicians.
[(b)] For purposes of this chapter, a facility is not
considered to be an abortion provider solely based on the
performance of a procedure [an abortion] at the facility during a
medical emergency as defined by Section 171.002, Health and Safety
Code, or to save the life of the mother.
Sec. 2273.003. ABORTION PROVIDER AND AFFILIATE
TRANSACTIONS PROHIBITED[; EXCEPTION]. (a) A public entity in this
state shall not make [Except as provided by Subsection (b), a
governmental entity may not enter into] a taxpayer resource
transaction with any funds under its control to prescribe, provide,
perform, or induce an abortion; assist in the prescription,
provision, or performance of an abortion; refer for an abortion; or
provide facilities for an abortion or for training to prescribe,
provide, or perform [provider or an affiliate of] an abortion
[provider].
(b) A public entity in this state shall not enter into [This
section does not apply to] a taxpayer resource transaction with an
abortion prescriber or provider or an affiliate of an abortion
provider, including pharmacies.
(c) A public entity in this state shall not assist in the
training of staff or students, or conduct training for any health
care entity, on abortion [that is subject to a federal law in
conflict with Subsection (a) as determined by the executive
commissioner of the Health and Human Services Commission and
confirmed in writing by the attorney general].
Sec. 2273.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
attorney general may bring an action in the name of the state to
enjoin a violation of Section 2272.003. The attorney general may
recover reasonable attorney's fees and costs incurred in bringing
an action under this subsection and Section 2273.006.
(b) Sovereign or governmental immunity, as applicable, of a
governmental entity to suit and from liability is waived to the
extent of liability created by Subsection (a) and Section 2273.003.
Sec. 2273.005. CONSTRUCTION OF CHAPTER. (a) This section
supersedes any previous law regarding restrictions on the use of
public funds for abortion or on taxpayer resource transactions with
abortion providers or affiliates of abortion providers. If any
current or future law regarding restrictions on the use of public
funds for abortion or on taxpayer resource transactions with
abortion providers or affiliates of abortion providers conflicts
with this section, the more restrictive provision shall apply.
(b) This chapter may not be construed to restrict a
municipality or county from prohibiting abortion.
Sec. 2273.006. ENFORCEMENT. (a) The attorney general may
bring an action in the name of the state to enjoin a violation of
Section 2273.003.
(b) A person may bring a civil action to enjoin a violation
of Section 2273.003 for the person and for the state. The action
must be brought in the name of the person and of the state. A person
bringing an action under this chapter shall serve a copy of the
petition and a written disclosure of substantially all material
evidence and information the person possesses on the attorney
general in compliance with the Texas Rules of Civil Procedure.
(c) A person who violates this chapter is subject to a civil
penalty of up to $25,000 for each violation. An entity that
violates this chapter is subject to a civil penalty of up to $50,000
for each violation and a loss of funding from the applicable public
entity.
SECTION 2. The Health and Human Services Commission shall
adopt rules or enter into binding agreements, such as with an
accrediting agency described by the federal Coats-Snowe Amendment
(42 U.S.C. Section 238n), as necessary to implement the changes in
law made by Section 1 of this Act.
SECTION 3. This Act takes effect September 1, 2023.