Texas 2023 - 88th Regular

Texas Senate Bill SB2378 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	2023S0277-1 03/09/23
2	2	By: Campbell S.B. No. 2378
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting a public entity from providing financial
8	8	assistance for abortion or abortion-related services; providing
9	9	civil penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 2273, Government Code, is amended to
12	12	read as follows:
13	13	CHAPTER 2273. PROHIBITED TRANSACTIONS
14	14	Sec. 2273.001. DEFINITIONS. In this chapter:
15	15	(1) "Abortion" has the meaning assigned by Section
16	16	245.002, Health and Safety Code.
17	17	(2) "Abortion provider" means:
18	18	(A) a facility licensed under Chapter 245, Health
19	19	and Safety Code; [or]
20	20	(B) an ambulatory surgical center defined and
21	21	licensed under Chapter 243, Health and Safety Code, that performs
22	22	abortions; or [is used to perform more than 50 abortions in any
23	23	12-month period]
24	24	(C) a physician as defined by Section 151.002,
25	25	Occupations Code, a pharmacist or pharmacy, as defined by Section
26	26	551.003, Occupations Code, or a health care entity that performs,
27	27	prescribes, or provides abortions.
28	28	(3) "Affiliate" means a person or entity who enters
29	29	into with another person or entity a legal relationship created or
30	30	governed by at least one written instrument, including a
31	31	certificate of formation, a franchise or membership agreement,
32	32	standards of affiliation, bylaws, or a license, that demonstrates:
33	33	(A) common ownership, management, or control
34	34	between the parties to the relationship;
35	35	(B) a franchise granted by the person or entity
36	36	to the affiliate; or
37	37	(C) the granting or extension of a license or
38	38	other agreement authorizing the affiliate to use the other person's
39	39	or entity's brand name, trademark, service mark, or other
40	40	registered identification mark.
41	41	(4) "Financial assistance" means, with respect to a
42	42	government program, governmental payments provided as
43	43	reimbursement for carrying out health-related activities.
44	44	(5) "Health care entity" includes an individual
45	45	physician, pharmacist, or pharmacy technician; a postgraduate
46	46	physician training program; and a participant in a program of
47	47	training in the health professions.
48	48	(6) "Postgraduate physician training program"
49	49	includes a residency training program.
50	50	(7) "Public ["Governmental] entity" means this state,
51	51	a state agency in the executive, judicial, or legislative branch of
52	52	state government, county, city, public school district, public
53	53	hospital district, any public hospital district or public
54	54	university that offers a postgraduate physician training program or
55	55	residency program, or any local or [a] political subdivision of
56	56	this state or an agency of the political subdivision.
57	57	(8) [(5)] "Taxpayer resource transaction" means a
58	58	sale, purchase, lease, loan, grant, reimbursement, financial
59	59	assistance, donation of money, goods, services, or real property,
60	60	or any other transaction between a public [governmental] entity and
61	61	a private entity that provides to the private entity something of
62	62	value derived from state or local tax revenue, regardless of
63	63	whether the public [governmental] entity receives something of
64	64	value in return. The term does not include the provision of basic
65	65	public services, including fire and police protection and
66	66	utilities, by a public [governmental] entity to an abortion
67	67	provider or affiliate in the same manner as the entity provides the
68	68	services to the general public. The term includes advocacy or
69	69	lobbying by or on behalf of a public [governmental] entity on behalf
70	70	of the interests of an abortion provider or affiliate, but does not
71	71	include:
72	72	(A) an officer or employee of a public
73	73	[governmental] entity providing information to a member of the
74	74	legislature or appearing before a legislative committee at the
75	75	request of the member or committee;
76	76	(B) an elected official advocating for or against
77	77	or otherwise influencing or attempting to influence the outcome of
78	78	legislation pending before the legislature while acting in the
79	79	capacity of an elected official; or
80	80	(C) an individual speaking as a private citizen
81	81	on a matter of public concern.
82	82	Sec. 2273.002. APPLICABILITY. [(a) This chapter does
83	83	not apply to:
84	84	[(1) a hospital licensed under Chapter 241, Health and
85	85	Safety Code;
86	86	[(2) the office of a physician licensed under Subtitle
87	87	B, Title 3, Occupations Code, that performs 50 or fewer abortions in
88	88	any 12-month period;
89	89	[(3) a state hospital as defined by Section 552.0011,
90	90	Health and Safety Code;
91	91	[(4) a teaching hospital of a public or private
92	92	institution of higher education; or
93	93	[(5) an accredited residency program providing
94	94	training to resident physicians.
95	95	[(b)] For purposes of this chapter, a facility is not
96	96	considered to be an abortion provider solely based on the
97	97	performance of a procedure [an abortion] at the facility during a
98	98	medical emergency as defined by Section 171.002, Health and Safety
99	99	Code, or to save the life of the mother.
100	100	Sec. 2273.003. ABORTION PROVIDER AND AFFILIATE
101	101	TRANSACTIONS PROHIBITED[; EXCEPTION]. (a) A public entity in this
102	102	state shall not make [Except as provided by Subsection (b), a
103	103	governmental entity may not enter into] a taxpayer resource
104	104	transaction with any funds under its control to prescribe, provide,
105	105	perform, or induce an abortion; assist in the prescription,
106	106	provision, or performance of an abortion; refer for an abortion; or
107	107	provide facilities for an abortion or for training to prescribe,
108	108	provide, or perform [provider or an affiliate of] an abortion
109	109	[provider].
110	110	(b) A public entity in this state shall not enter into [This
111	111	section does not apply to] a taxpayer resource transaction with an
112	112	abortion prescriber or provider or an affiliate of an abortion
113	113	provider, including pharmacies.
114	114	(c) A public entity in this state shall not assist in the
115	115	training of staff or students, or conduct training for any health
116	116	care entity, on abortion [that is subject to a federal law in
117	117	conflict with Subsection (a) as determined by the executive
118	118	commissioner of the Health and Human Services Commission and
119	119	confirmed in writing by the attorney general].
120	120	Sec. 2273.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The
121	121	attorney general may bring an action in the name of the state to
122	122	enjoin a violation of Section 2272.003. The attorney general may
123	123	recover reasonable attorney's fees and costs incurred in bringing
124	124	an action under this subsection and Section 2273.006.
125	125	(b) Sovereign or governmental immunity, as applicable, of a
126	126	governmental entity to suit and from liability is waived to the
127	127	extent of liability created by Subsection (a) and Section 2273.003.
128	128	Sec. 2273.005. CONSTRUCTION OF CHAPTER. (a) This section
129	129	supersedes any previous law regarding restrictions on the use of
130	130	public funds for abortion or on taxpayer resource transactions with
131	131	abortion providers or affiliates of abortion providers. If any
132	132	current or future law regarding restrictions on the use of public
133	133	funds for abortion or on taxpayer resource transactions with
134	134	abortion providers or affiliates of abortion providers conflicts
135	135	with this section, the more restrictive provision shall apply.
136	136	(b) This chapter may not be construed to restrict a
137	137	municipality or county from prohibiting abortion.
138	138	Sec. 2273.006. ENFORCEMENT. (a) The attorney general may
139	139	bring an action in the name of the state to enjoin a violation of
140	140	Section 2273.003.
141	141	(b) A person may bring a civil action to enjoin a violation
142	142	of Section 2273.003 for the person and for the state. The action
143	143	must be brought in the name of the person and of the state. A person
144	144	bringing an action under this chapter shall serve a copy of the
145	145	petition and a written disclosure of substantially all material
146	146	evidence and information the person possesses on the attorney
147	147	general in compliance with the Texas Rules of Civil Procedure.
148	148	(c) A person who violates this chapter is subject to a civil
149	149	penalty of up to $25,000 for each violation. An entity that
150	150	violates this chapter is subject to a civil penalty of up to $50,000
151	151	for each violation and a loss of funding from the applicable public
152	152	entity.
153	153	SECTION 2. The Health and Human Services Commission shall
154	154	adopt rules or enter into binding agreements, such as with an
155	155	accrediting agency described by the federal Coats-Snowe Amendment
156	156	(42 U.S.C. Section 238n), as necessary to implement the changes in
157	157	law made by Section 1 of this Act.
158	158	SECTION 3. This Act takes effect September 1, 2023.