Texas 2025 - 89th Regular

Texas House Bill HB3200 Compare Versions

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

Old	New	Differences
1	1	By: Cain H.B. No. 3200
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	prohibiting certain transactions between governmental entities and
9	9	abortion funds, as well as entities engaged in a pattern of
10	10	racketeering activity as defined by federal law.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 2273.001, Government Code, is amended to
13	13	read as follows:
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 fund" means a person, corporation,
18	18	organization, government or governmental subdivision or agency,
19	19	business trust, estate, trust, partnership, association, or any
20	20	other legal entity that exists for the purpose of aiding or abetting
21	21	elective abortions, and that pays for, reimburses, or subsidizes in
22	22	any way the costs associated with obtaining an elective abortion;
23	23	(3) "Abortion provider" means:
24	24	(A) a facility licensed under Chapter 245, Health
25	25	and Safety Code; or
26	26	(B) an ambulatory surgical center licensed under
27	27	Chapter 243, Health and Safety Code, that is used to perform more
28	28	than 50 abortions in any 12-month period.
29	29	(4)[(3)] "Affiliate" means a person or entity who
30	30	enters into with another person or entity a legal relationship
31	31	created or governed by at least one written instrument, including a
32	32	certificate of formation, a franchise agreement, standards of
33	33	affiliation, bylaws, or a license, that demonstrates:
34	34	(A) common ownership, management, or control
35	35	between the parties to the relationship;
36	36	(B) a franchise granted by the person or entity
37	37	to the affiliate; or
38	38	(C) the granting or extension of a license or
39	39	other agreement authorizing the affiliate to use the other person's
40	40	or entity's brand name, trademark, service mark, or other
41	41	registered identification mark.
42	42	(5)[(4)] "Governmental entity" means this state, a
43	43	state agency in the executive, judicial, or legislative branch of
44	44	state government, or a political subdivision of this state.
45	45	(6) "Elective abortion" means any abortion other than
46	46	those performed or induced in response to a medical emergency;
47	47	(7) "Medical emergency" means a condition in which an
48	48	abortion is necessary to preserve the life of a pregnant woman whose
49	49	life is endangered by a physical disorder, physical illness, or
50	50	physical injury, including a life-endangering physical condition
51	51	caused by or arising from the pregnancy itself;
52	52	(8)[(5)] "Taxpayer resource transaction" means a
53	53	sale, purchase, lease, donation of money, goods, services, or real
54	54	property, or any other transaction between a governmental entity
55	55	and a private entity that provides to the private entity something
56	56	of value derived from state or local tax revenue, regardless of
57	57	whether the governmental entity receives something of value in
58	58	return. The term does not include the provision of basic public
59	59	services, including fire and police protection and utilities, by a
60	60	governmental entity to an abortion provider or affiliate in the
61	61	same manner as the entity provides the services to the general
62	62	public. The term includes advocacy or lobbying by or on behalf of a
63	63	governmental entity on behalf of the interests of an abortion
64	64	provider or affiliate, but does not include:
65	65	(A) an officer or employee of a governmental
66	66	entity providing information to a member of the legislature or
67	67	appearing before a legislative committee at the request of the
68	68	member or committee;
69	69	(B) an elected official advocating for or against
70	70	or otherwise influencing or attempting to influence the outcome of
71	71	legislation pending before the legislature while acting in the
72	72	capacity of an elected official; or
73	73	(C) an individual speaking as a private citizen
74	74	on a matter of public concern.
75	75	SECTION 2. Section 2273.003, Government Code, is amended to
76	76	read as follows:
77	77	Sec. 2273.003. ABORTION FUND, PROVIDER, AND AFFILIATE
78	78	TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
79	79	Subsection (b), a governmental entity may not enter into a taxpayer
80	80	resource transaction with:
81	81	(1) an abortion fund;
82	82	(2) an abortion provider;
83	83	(3) [or] an affiliate of an abortion fund or an
84	84	abortion provider; or
85	85	(4) any person or entity engaged in a pattern of
86	86	racketeering activity as defined in 18 U.S.C. §§ 1961-1962,
87	87	including:
88	88	(A) Racketeering activity that violates 18
89	89	U.S.C. § 1461 by using the mails for the mailing, carriage in the
90	90	mails, or delivery of:
91	91	(i) Any article or thing designed, adapted,
92	92	or intended for producing abortion; or
93	93	(ii) Any article, instrument, substance,
94	94	drug, medicine, or thing which is advertised or described in a
95	95	manner calculated to lead another to use or apply it for producing
96	96	abortion; and
97	97	(B) Racketeering activity that violates 18
98	98	U.S.C. § 1462 by:
99	99	(i) Using any express company or other
100	100	common carrier or interactive computer service for carriage in
101	101	interstate or foreign commerce of any drug, medicine, article, or
102	102	thing designed, adapted, or intended for producing abortion;
103	103	(ii) Knowingly taking or receiving, from
104	104	such express company or other common carrier or interactive
105	105	computer service, any matter or thing described in subsection
106	106	(B)(i).
107	107	(b) This section does not apply to a taxpayer resource
108	108	transaction that is subject to a federal law in conflict with
109	109	Subsection (a) as determined by the executive commissioner of the
110	110	Health and Human Services Commission and confirmed in writing by
111	111	the attorney general.
112	112	SECTION 3. This Act takes effect September 1, 2025.