By: Kolkhorst, et al. S.B. No. 1388
(In the Senate - Filed February 19, 2025; March 6, 2025,
read first time and referred to Committee on Health & Human
Services; March 31, 2025, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 2;
March 31, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1388 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to family support services provided under a Health and
Human Services Commission program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.001, Health and Safety Code, as added
by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
Session, 2023, is amended by amending Subdivision (2) and adding
Subdivisions (3), (4), (5), and (6) to read as follows:
(2) "Abortion services provider" means a person who
provides abortion-related services, including:
(A) an abortion provider;
(B) a person who provides or refers an individual
for abortion-inducing drugs for the purpose of inducing an abortion
to terminate a pregnancy;
(C) a person who facilitates or funds travel to
receive an abortion or abortion-related services;
(D) a person who provides information or
education relating to abortion or abortion-related services; or
(E) a person who conducts any other activity
related to providing, recommending, or advocating for
abortion-related services.
(3) "Affiliate" means a person who enters into with
another person 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 to the
affiliate; or
(C) the granting or extension of a license or
other agreement authorizing the affiliate to use the other person's
brand name, trademark, service mark, or other registered
identification mark.
(4) "Governmental entity" means this state or a state
agency or political subdivision of this state, including a court,
municipality, or county.
(5) "Network contractor" means a person who contracts
with the commission to provide or coordinate the provision of
services under this chapter.
(6) "Program" means the Thriving Texas Families
Program established under this chapter.
SECTION 2. Section 54.002, Health and Safety Code, as added
by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
Session, 2023, is amended by amending Subsections (a) and (d) and
adding Subsection (f) to read as follows:
(a) The commission shall establish the Thriving Texas
Families Program as a continuation of the alternatives to abortion
program to facilitate the operation of a statewide support network
that provides:
(1) community outreach, consultation, and care
coordination for women with an unexpected pregnancy; and
(2) an alternative to abortion through life-affirming
pregnancy, adoption, and parenting and family support services.
(d) In developing the statewide network of service
providers, the commission shall:
(1) [,] to the extent practicable, contract with
providers who have a history of working with the commission in
programs similar to the program created by this chapter; and
(2) ensure that service providers are not associated
with an abortion services provider and do not provide, refer
patients to, advocate for, or promote abortion services by
verifying the provider:
(A) remains a legally separate entity from any
abortion services provider and does not enter into any legal
relationship with any abortion services provider;
(B) does not contract with or transfer any money,
through gift or payment, to an abortion services provider or
affiliate;
(C) does not share any employees or members of
its governing body with an abortion services provider or affiliate;
(D) does not recommend abortion as an option for
a client; and
(E) does not display or use the names or
trademarks of an abortion services provider in describing or naming
the provider under this program.
(f) Each network contractor and service provider shall
annually certify in writing to the commission that the network
contractor or service provider:
(1) upholds the life-affirming mission of the program;
and
(2) is not involved in activities contradicting the
program's objective of offering an alternative to abortion.
SECTION 3. Sections 54.003(b) and (e), Health and Safety
Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th
Legislature, Regular Session, 2023, are amended to read as follows:
(b) Services provided through the program include:
(1) counseling and mentoring on pregnancy, education,
parenting skills, adoption services, life skills, and employment
readiness topics;
(2) care coordination for prenatal, perinatal, and
postnatal services, including connecting participants to health
services;
(3) educational materials and information about
pregnancy, parenting, and adoption services;
(4) referrals to governmental and social service
programs, including child care, transportation, housing, and state
and federal benefit programs;
(5) classes on life skills, personal finance,
parenthood, stress management, job training, job readiness, job
placement, and educational attainment;
(6) provision of supplies for infant care and
pregnancy, including car seats, cribs, maternity clothes, infant
diapers, and formula; [and]
(7) housing services; and
(8) assistance in identifying and applying for stable
housing services other than housing provided as authorized by
Subsection (d).
(e) The commission or network contractors may not provide
family planning or any abortion-related services through the
network.
SECTION 4. Section 54.006(b), Health and Safety Code, as
added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature,
Regular Session, 2023, is amended to read as follows:
(b) The commission shall seek comments from network
providers in identifying [identify] indicators to measure the
performance outcomes under Subsection (a) and require periodic
reporting on the outcomes by network contractors and participating
service providers.
SECTION 5. Section 54.011, Health and Safety Code, as added
by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
Session, 2023, is amended by amending Subsection (b) and adding
Subsections (d) and (e) to read as follows:
(b) The commission or a service provider may not:
(1) use funding provided through the program to
perform, induce, assist, or refer an abortion; or
(2) grant funds to an abortion provider, [or] an
affiliate of an abortion provider, or an abortion services
provider.
(d) An organization is not eligible for funding under this
chapter if the organization:
(1) is a governmental entity or quasi-governmental
entity;
(2) is a hospital or hospital district;
(3) primarily functions as a medical, behavioral
health, or mental health provider;
(4) shares any employees or members of its governing
body with an abortion services provider; or
(5) is affiliated with, collaborates, or has a
relationship with an organization that shares any employees or
members of its governing body with an abortion services provider.
(e) Subsections (d)(2) and (3) do not apply to:
(1) an organization that contracted with the
commission before September 1, 2023, for the purpose of providing
an alternative to abortion; or
(2) an organization that subcontracted with an
organization described by Subdivision (1) for the purpose of
providing an alternative to abortion.
SECTION 6. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules as necessary to implement the
changes in law made by this Act.
SECTION 7. This Act takes effect September 1, 2025.
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