Texas 2025 - 89th Regular

Texas House Bill HB1806 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3619 MPF-F
2	2	By: Noble H.B. No. 1806
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain prohibited transactions and logistical support
10	10	between a governmental entity and an abortion assistance entity or
11	11	abortion provider for the procurement of an abortion or related
12	12	services.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 2273.001, Government Code, is amended by
15	15	adding Subdivision (1-a) and amending Subdivision (2) to read as
16	16	follows:
17	17	(1-a) "Abortion assistance entity" means a person that
18	18	procures or facilitates a woman's procurement of an abortion by
19	19	engaging in any of the following acts:
20	20	(A) offering or providing money to pay for,
21	21	reimburse, or offset the costs of obtaining an abortion or the costs
22	22	incurred by or associated with seeking an abortion, regardless of
23	23	the location at which the abortion occurs;
24	24	(B) paying for, planning, or executing plans for
25	25	travel accommodations, including transportation, meals, or
26	26	lodging, with the intent of facilitating the procurement of an
27	27	abortion, regardless of the location at which the abortion occurs;
28	28	(C) offering, providing, or paying for any type
29	29	of service or logistical support, including child care or abortion
30	30	doula services, to facilitate the procurement of an abortion; or
31	31	(D) collecting or distributing an
32	32	abortion-inducing drug, as that term is defined by Section 171.061,
33	33	Health and Safety Code, to increase access to those drugs.
34	34	(2) "Abortion provider" means a person who performs or
35	35	induces an abortion [:
36	36	[(A) a facility licensed under Chapter 245,
37	37	Health and Safety Code; or
38	38	[(B) an ambulatory surgical center licensed
39	39	under Chapter 243, Health and Safety Code, that is used to perform
40	40	more than 50 abortions in any 12-month period].
41	41	SECTION 2. Section 2273.003(a), Government Code, is amended
42	42	to read as follows:
43	43	(a) Except as provided by Subsection (b), a governmental
44	44	entity may not enter into a taxpayer resource transaction with an
45	45	abortion provider, [or] an affiliate of an abortion provider, or an
46	46	abortion assistance entity.
47	47	SECTION 3. Chapter 2273, Government Code, is amended by
48	48	adding Section 2273.0031 to read as follows:
49	49	Sec. 2273.0031. LOGISTICAL SUPPORT PROHIBITED. (a) Except
50	50	as provided by Subsection (b), a governmental entity may not enter
51	51	into a taxpayer resource transaction or appropriate or spend money
52	52	to provide to any person logistical support for the express purpose
53	53	of assisting a woman with procuring an abortion or the services of
54	54	an abortion provider. Logistical support includes providing money
55	55	for:
56	56	(1) child care;
57	57	(2) travel or any form of transportation to or from an
58	58	abortion provider;
59	59	(3) lodging;
60	60	(4) food or food preparation;
61	61	(5) counseling that encourages a woman to have an
62	62	abortion; and
63	63	(6) any other service that facilitates the provision
64	64	of an abortion.
65	65	(b) This section does not apply to a taxpayer resource
66	66	transaction entered into or money appropriated or spent by a
67	67	governmental entity that is subject to a federal law in conflict
68	68	with Subsection (a) as determined by the executive commissioner of
69	69	the Health and Human Services Commission and confirmed in writing
70	70	by the attorney general.
71	71	SECTION 4. Section 2273.004, Government Code, is amended to
72	72	read as follows:
73	73	Sec. 2273.004. CIVIL REMEDY [INJUNCTION]; WAIVER OF
74	74	IMMUNITY. (a) The attorney general, a resident of this state, or
75	75	an individual residing within a political subdivision of this state
76	76	may bring an action against any party to the actual or proposed
77	77	prohibited transaction, appropriation, or expenditure, as
78	78	applicable, of a governmental entity that violates or is seeking to
79	79	violate Section 2273.003 or 2273.0031 and is entitled to recover in
80	80	the action:
81	81	(1) declaratory relief;
82	82	(2) injunctive relief that terminates and reimburses
83	83	any value conferred by the prohibited transaction, appropriation,
84	84	or expenditure and enjoins the party from entering into a
85	85	prohibited transaction, appropriation, or expenditure in the
86	86	future;
87	87	(3) court costs; and
88	88	(4) reasonable attorney's fees [in the name of the
89	89	state to enjoin a violation of Section 2273.003. The attorney
90	90	general may recover reasonable attorney's fees and costs incurred
91	91	in bringing an action under this subsection].
92	92	(b) Sovereign or governmental immunity, as applicable, of a
93	93	governmental entity to suit and from liability is waived and
94	94	abolished to the extent of liability created by Subsection (a).
95	95	(c) Notwithstanding any other law:
96	96	(1) a court may not award costs or attorney's fees
97	97	under Rule 91a, Texas Rules of Civil Procedure, or under another
98	98	rule the supreme court adopts under Section 22.004(g) to any
99	99	defendant against whom an action is brought under this section; and
100	100	(2) Chapters 27 and 110, Civil Practice and Remedies
101	101	Code, do not apply to an action brought under this section.
102	102	SECTION 5. It is the intent of the legislature that every
103	103	provision, section, subsection, sentence, clause, phrase, or word
104	104	in this Act, and every application of the provisions in this Act to
105	105	each person or entity, is severable from each other. If any
106	106	application of any provision in this Act to any person, group of
107	107	persons, or circumstances is found by a court to be invalid for any
108	108	reason, the remaining applications of that provision to all other
109	109	persons and circumstances shall be severed and may not be affected.
110	110	SECTION 6. This Act takes effect September 1, 2025.