Texas 2025 - 89th Regular

Texas House Bill HB5285 Compare Versions

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

Old	New	Differences
1	1	89R9806 KRM-D
2	2	By: Frank H.B. No. 5285
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to family support services provided under a Health and
10	10	Human Services Commission program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 54.001, Health and Safety Code, as added
13	13	by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
14	14	Session, 2023, is amended by amending Subdivision (2) and adding
15	15	Subdivisions (3), (4), (5), and (6) to read as follows:
16	16	(2) "Abortion services provider" means a person who
17	17	provides abortion-related services, including:
18	18	(A) an abortion provider;
19	19	(B) a person who provides or refers an individual
20	20	for abortion-inducing drugs;
21	21	(C) a person who facilitates or funds travel to
22	22	receive an abortion or abortion-related services;
23	23	(D) a person who provides information or
24	24	education relating to abortion or abortion-related services; or
25	25	(E) a person who conducts any other activity
26	26	related to providing, recommending, or advocating for
27	27	abortion-related services.
28	28	(3) "Affiliate" means a person who enters into with
29	29	another person a legal relationship created or governed by at least
30	30	one written instrument, including a certificate of formation, a
31	31	franchise agreement, standards of affiliation, bylaws, or a
32	32	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 to the
36	36	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	brand name, trademark, service mark, or other registered
40	40	identification mark.
41	41	(4) "Governmental entity" means this state or a state
42	42	agency or political subdivision of this state, including a court,
43	43	municipality, or county.
44	44	(5) "Network contractor" means a person who contracts
45	45	with the commission to provide or coordinate the provision of
46	46	services under this chapter.
47	47	(6) "Program" means the Thriving Texas Families
48	48	Program established under this chapter.
49	49	SECTION 2. Section 54.002, Health and Safety Code, as added
50	50	by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
51	51	Session, 2023, is amended by amending Subsections (a) and (d) and
52	52	adding Subsection (f) to read as follows:
53	53	(a) The commission shall establish the Thriving Texas
54	54	Families Program as a continuation of the alternatives to abortion
55	55	program to facilitate the operation of a statewide support network
56	56	that provides:
57	57	(1) community outreach, consultation, and care
58	58	coordination for women with an unexpected pregnancy; and
59	59	(2) an alternative to abortion through life-affirming
60	60	pregnancy, adoption, and parenting and family support services.
61	61	(d) In developing the statewide network of service
62	62	providers, the commission shall:
63	63	(1) [,] to the extent practicable, contract with
64	64	providers who have a history of working with the commission in
65	65	programs similar to the program created by this chapter; and
66	66	(2) ensure that service providers are not associated
67	67	with an abortion services provider and do not provide, refer
68	68	patients to, advocate for, or promote abortion services by
69	69	verifying the provider:
70	70	(A) remains a legally separate entity from any
71	71	abortion services provider and does not enter into any legal
72	72	relationship with any abortion services provider;
73	73	(B) does not contract with or transfer any money,
74	74	through gift or payment, to an abortion services provider or
75	75	affiliate;
76	76	(C) does not share any employees or members of
77	77	its governing body with an abortion services provider or affiliate;
78	78	(D) does not recommend abortion as an option for
79	79	a client; and
80	80	(E) does not display or use the names or
81	81	trademarks of an abortion services provider in describing or naming
82	82	the provider under this program.
83	83	(f) Each network contractor and service provider shall
84	84	annually certify in writing to the commission that the network
85	85	contractor or service provider:
86	86	(1) upholds the life-affirming mission of the program;
87	87	and
88	88	(2) is not involved in activities contradicting the
89	89	program's objectives.
90	90	SECTION 3. Sections 54.003(b) and (e), Health and Safety
91	91	Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th
92	92	Legislature, Regular Session, 2023, are amended to read as follows:
93	93	(b) Services provided through the program include:
94	94	(1) counseling and mentoring on pregnancy, education,
95	95	parenting skills, adoption services, life skills, and employment
96	96	readiness topics;
97	97	(2) care coordination for prenatal, perinatal, and
98	98	postnatal services, including connecting participants to health
99	99	services;
100	100	(3) educational materials and information about
101	101	pregnancy, parenting, and adoption services;
102	102	(4) referrals to governmental and social service
103	103	programs, including child care, transportation, housing, and state
104	104	and federal benefit programs;
105	105	(5) classes on life skills, personal finance,
106	106	parenthood, stress management, job training, job readiness, job
107	107	placement, and educational attainment;
108	108	(6) provision of supplies for infant care and
109	109	pregnancy, including car seats, cribs, maternity clothes, infant
110	110	diapers, and formula; [and]
111	111	(7) housing services; and
112	112	(8) assistance in identifying and applying for stable
113	113	housing services other than housing provided as authorized by
114	114	Subsection (d).
115	115	(e) The commission or network contractors may not provide
116	116	family planning or any abortion-related services through the
117	117	network.
118	118	SECTION 4. Section 54.006(b), Health and Safety Code, as
119	119	added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature,
120	120	Regular Session, 2023, is amended to read as follows:
121	121	(b) The commission shall seek comments from network
122	122	providers in identifying [identify] indicators to measure the
123	123	performance outcomes under Subsection (a) and require periodic
124	124	reporting on the outcomes by network contractors and participating
125	125	service providers.
126	126	SECTION 5. Section 54.011, Health and Safety Code, as added
127	127	by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
128	128	Session, 2023, is amended by amending Subsection (b) and adding
129	129	Subsections (d) and (e) to read as follows:
130	130	(b) The commission or a service provider may not:
131	131	(1) use funding provided through the program to
132	132	perform, induce, assist, or refer an abortion; or
133	133	(2) grant funds to an abortion provider, [or] an
134	134	affiliate of an abortion provider, or an abortion services
135	135	provider.
136	136	(d) An organization is not eligible for funding under this
137	137	chapter if the organization:
138	138	(1) is a governmental entity or quasi-governmental
139	139	entity;
140	140	(2) is a hospital or hospital district;
141	141	(3) primarily functions as a medical, behavioral
142	142	health, or mental health provider;
143	143	(4) shares any employees or members of its governing
144	144	body with an abortion services provider; or
145	145	(5) is affiliated with, collaborates, or has a
146	146	relationship with an organization that shares any employees or
147	147	members of its governing body with an abortion services provider.
148	148	(e) Subsection (d) does not apply to:
149	149	(1) an organization that contracted with the
150	150	commission before September 1, 2023; or
151	151	(2) an organization with a history of contracting
152	152	through the program and of providing alternatives to abortion.
153	153	SECTION 6. As soon as practicable after the effective date
154	154	of this Act, the executive commissioner of the Health and Human
155	155	Services Commission shall adopt rules as necessary to implement the
156	156	changes in law made by this Act.
157	157	SECTION 7. This Act takes effect September 1, 2025.