Texas 2025 - 89th Regular

Texas Senate Bill SB1388 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Kolkhorst, et al. S.B. No. 1388
2		-
3		-
	2	+	(In the Senate - Filed February 19, 2025; March 6, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; March 31, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 2;
	6	+	March 31, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1388 By: Hancock
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to family support services provided under a Health and
9	14		Human Services Commission program.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Section 54.001, Health and Safety Code, as added
12	17		by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
13	18		Session, 2023, is amended by amending Subdivision (2) and adding
14	19		Subdivisions (3), (4), (5), and (6) to read as follows:
15	20		(2) "Abortion services provider" means a person who
16	21		provides abortion-related services, including:
17	22		(A) an abortion provider;
18	23		(B) a person who provides or refers an individual
19	24		for abortion-inducing drugs for the purpose of inducing an abortion
20	25		to terminate a pregnancy;
21	26		(C) a person who facilitates or funds travel to
22	27		receive an abortion or abortion-related services;
23	28		(D) a person who provides information or
24	29		education relating to abortion or abortion-related services; or
25	30		(E) a person who conducts any other activity
26	31		related to providing, recommending, or advocating for
27	32		abortion-related services.
28	33		(3) "Affiliate" means a person who enters into with
29	34		another person a legal relationship created or governed by at least
30	35		one written instrument, including a certificate of formation, a
31	36		franchise agreement, standards of affiliation, bylaws, or a
32	37		license, that demonstrates:
33	38		(A) common ownership, management, or control
34	39		between the parties to the relationship;
35	40		(B) a franchise granted by the person to the
36	41		affiliate; or
37	42		(C) the granting or extension of a license or
38	43		other agreement authorizing the affiliate to use the other person's
39	44		brand name, trademark, service mark, or other registered
40	45		identification mark.
41	46		(4) "Governmental entity" means this state or a state
42	47		agency or political subdivision of this state, including a court,
43	48		municipality, or county.
44	49		(5) "Network contractor" means a person who contracts
45	50		with the commission to provide or coordinate the provision of
46	51		services under this chapter.
47	52		(6) "Program" means the Thriving Texas Families
48	53		Program established under this chapter.
49	54		SECTION 2. Section 54.002, Health and Safety Code, as added
50	55		by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
51	56		Session, 2023, is amended by amending Subsections (a) and (d) and
52	57		adding Subsection (f) to read as follows:
53	58		(a) The commission shall establish the Thriving Texas
54	59		Families Program as a continuation of the alternatives to abortion
55	60		program to facilitate the operation of a statewide support network
56	61		that provides:
57	62		(1) community outreach, consultation, and care
58	63		coordination for women with an unexpected pregnancy; and
59	64		(2) an alternative to abortion through life-affirming
60	65		pregnancy, adoption, and parenting and family support services.
61	66		(d) In developing the statewide network of service
62	67		providers, the commission shall:
63	68		(1) [,] to the extent practicable, contract with
64	69		providers who have a history of working with the commission in
65	70		programs similar to the program created by this chapter; and
66	71		(2) ensure that service providers are not associated
67	72		with an abortion services provider and do not provide, refer
68	73		patients to, advocate for, or promote abortion services by
69	74		verifying the provider:
70	75		(A) remains a legally separate entity from any
71	76		abortion services provider and does not enter into any legal
72	77		relationship with any abortion services provider;
73	78		(B) does not contract with or transfer any money,
74	79		through gift or payment, to an abortion services provider or
75	80		affiliate;
76	81		(C) does not share any employees or members of
77	82		its governing body with an abortion services provider or affiliate;
78	83		(D) does not recommend abortion as an option for
79	84		a client; and
80	85		(E) does not display or use the names or
81	86		trademarks of an abortion services provider in describing or naming
82	87		the provider under this program.
83	88		(f) Each network contractor and service provider shall
84	89		annually certify in writing to the commission that the network
85	90		contractor or service provider:
86	91		(1) upholds the life-affirming mission of the program;
87	92		and
88	93		(2) is not involved in activities contradicting the
89	94		program's objective of offering an alternative to abortion.
90	95		SECTION 3. Sections 54.003(b) and (e), Health and Safety
91	96		Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th
92	97		Legislature, Regular Session, 2023, are amended to read as follows:
93	98		(b) Services provided through the program include:
94	99		(1) counseling and mentoring on pregnancy, education,
95	100		parenting skills, adoption services, life skills, and employment
96	101		readiness topics;
97	102		(2) care coordination for prenatal, perinatal, and
98	103		postnatal services, including connecting participants to health
99	104		services;
100	105		(3) educational materials and information about
101	106		pregnancy, parenting, and adoption services;
102	107		(4) referrals to governmental and social service
103	108		programs, including child care, transportation, housing, and state
104	109		and federal benefit programs;
105	110		(5) classes on life skills, personal finance,
106	111		parenthood, stress management, job training, job readiness, job
107	112		placement, and educational attainment;
108	113		(6) provision of supplies for infant care and
109	114		pregnancy, including car seats, cribs, maternity clothes, infant
110	115		diapers, and formula; [and]
111	116		(7) housing services; and
112	117		(8) assistance in identifying and applying for stable
113	118		housing services other than housing provided as authorized by
114	119		Subsection (d).
115	120		(e) The commission or network contractors may not provide
116	121		family planning or any abortion-related services through the
117	122		network.
118	123		SECTION 4. Section 54.006(b), Health and Safety Code, as
119	124		added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature,
120	125		Regular Session, 2023, is amended to read as follows:
121	126		(b) The commission shall seek comments from network
122	127		providers in identifying [identify] indicators to measure the
123	128		performance outcomes under Subsection (a) and require periodic
124	129		reporting on the outcomes by network contractors and participating
125	130		service providers.
126	131		SECTION 5. Section 54.011, Health and Safety Code, as added
127	132		by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
128	133		Session, 2023, is amended by amending Subsection (b) and adding
129	134		Subsections (d) and (e) to read as follows:
130	135		(b) The commission or a service provider may not:
131	136		(1) use funding provided through the program to
132	137		perform, induce, assist, or refer an abortion; or
133	138		(2) grant funds to an abortion provider, [or] an
134	139		affiliate of an abortion provider, or an abortion services
135	140		provider.
136	141		(d) An organization is not eligible for funding under this
137	142		chapter if the organization:
138	143		(1) is a governmental entity or quasi-governmental
139	144		entity;
140	145		(2) is a hospital or hospital district;
141	146		(3) primarily functions as a medical, behavioral
142	147		health, or mental health provider;
143	148		(4) shares any employees or members of its governing
144	149		body with an abortion services provider; or
145	150		(5) is affiliated with, collaborates, or has a
146	151		relationship with an organization that shares any employees or
147	152		members of its governing body with an abortion services provider.
148	153		(e) Subsections (d)(2) and (3) do not apply to:
149	154		(1) an organization that contracted with the
150	155		commission before September 1, 2023, for the purpose of providing
151	156		an alternative to abortion; or
152	157		(2) an organization that subcontracted with an
153	158		organization described by Subdivision (1) for the purpose of
154	159		providing an alternative to abortion.
155	160		SECTION 6. As soon as practicable after the effective date
156	161		of this Act, the executive commissioner of the Health and Human
157	162		Services Commission shall adopt rules as necessary to implement the
158	163		changes in law made by this Act.
159	164		SECTION 7. This Act takes effect September 1, 2025.
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