By: Cain H.B. No. 3200
A BILL TO BE ENTITLED
AN ACT
prohibiting certain transactions between governmental entities and
abortion funds, as well as entities engaged in a pattern of
racketeering activity as defined by federal law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2273.001, Government Code, is amended to
read as follows:
Sec. 2273.001. DEFINITIONS. In this chapter:
(1) "Abortion" has the meaning assigned by Section
245.002, Health and Safety Code.
(2) "Abortion fund" means a person, corporation,
organization, government or governmental subdivision or agency,
business trust, estate, trust, partnership, association, or any
other legal entity that exists for the purpose of aiding or abetting
elective abortions, and that pays for, reimburses, or subsidizes in
any way the costs associated with obtaining an elective abortion;
(3) "Abortion provider" means:
(A) a facility licensed under Chapter 245, Health
and Safety Code; or
(B) an ambulatory surgical center licensed under
Chapter 243, Health and Safety Code, that is used to perform more
than 50 abortions in any 12-month period.
(4)[(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 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.
(5)[(4)] "Governmental entity" means this state, a
state agency in the executive, judicial, or legislative branch of
state government, or a political subdivision of this state.
(6) "Elective abortion" means any abortion other than
those performed or induced in response to a medical emergency;
(7) "Medical emergency" means a condition in which an
abortion is necessary to preserve the life of a pregnant woman whose
life is endangered by a physical disorder, physical illness, or
physical injury, including a life-endangering physical condition
caused by or arising from the pregnancy itself;
(8)[(5)] "Taxpayer resource transaction" means a
sale, purchase, lease, donation of money, goods, services, or real
property, or any other transaction between a 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 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
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
governmental entity on behalf of the interests of an abortion
provider or affiliate, but does not include:
(A) an officer or employee of a 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.
SECTION 2. Section 2273.003, Government Code, is amended to
read as follows:
Sec. 2273.003. ABORTION FUND, PROVIDER, AND AFFILIATE
TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
Subsection (b), a governmental entity may not enter into a taxpayer
resource transaction with:
(1) an abortion fund;
(2) an abortion provider;
(3) [or] an affiliate of an abortion fund or an
abortion provider; or
(4) any person or entity engaged in a pattern of
racketeering activity as defined in 18 U.S.C. §§ 1961-1962,
including:
(A) Racketeering activity that violates 18
U.S.C. § 1461 by using the mails for the mailing, carriage in the
mails, or delivery of:
(i) Any article or thing designed, adapted,
or intended for producing abortion; or
(ii) Any article, instrument, substance,
drug, medicine, or thing which is advertised or described in a
manner calculated to lead another to use or apply it for producing
abortion; and
(B) Racketeering activity that violates 18
U.S.C. § 1462 by:
(i) Using any express company or other
common carrier or interactive computer service for carriage in
interstate or foreign commerce of any drug, medicine, article, or
thing designed, adapted, or intended for producing abortion;
(ii) Knowingly taking or receiving, from
such express company or other common carrier or interactive
computer service, any matter or thing described in subsection
(B)(i).
(b) This section does not apply to a taxpayer resource
transaction 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.
SECTION 3. This Act takes effect September 1, 2025.