By: Campbell, et al. S.B. No. 33
A BILL TO BE ENTITLED
AN ACT
relating to certain prohibited transactions and logistical support
between a governmental entity and an abortion assistance entity or
abortion provider for the procurement of an abortion or related
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2273.001, Government Code, is amended by
adding Subdivision (1-a) and amending Subdivision (2) to read as
follows:
(1-a) "Abortion assistance entity" means a person that
procures or facilitates a woman's procurement of an abortion by
engaging in any of the following acts:
(A) offering or providing money to pay for,
reimburse, or offset the costs of obtaining an abortion or the costs
incurred by or associated with seeking an abortion, regardless of
the location at which the abortion occurs;
(B) paying for, planning, or executing plans for
travel accommodations, including transportation, meals, or
lodging, with the intent of facilitating the procurement of an
abortion, regardless of the location at which the abortion occurs;
(C) offering, providing, or paying for any type
of service or logistical support, including child care or abortion
doula services, to facilitate the procurement of an abortion; or
(D) collecting or distributing an
abortion-inducing drug, as that term is defined by Section 171.061,
Health and Safety Code, to increase access to those drugs.
(2) "Abortion provider" means a person who performs or
induces an abortion[:
[(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].
SECTION 2. Section 2273.003(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a governmental
entity may not enter into a taxpayer resource transaction with:
(1) an abortion provider or an affiliate of an
abortion provider; or
(2) an abortion assistance entity for the purpose of
providing an abortion or abortion assistance.
SECTION 3. Chapter 2273, Government Code, is amended by
adding Section 2273.0031 to read as follows:
Sec. 2273.0031. LOGISTICAL SUPPORT PROHIBITED. (a) Except
as provided by Subsection (b), a governmental entity may not enter
into a taxpayer resource transaction or appropriate or spend money
to provide to any person logistical support for the express purpose
of assisting a woman with procuring an abortion or the services of
an abortion provider. Logistical support includes providing money
for:
(1) child care;
(2) travel or any form of transportation to or from an
abortion provider;
(3) lodging;
(4) food or food preparation;
(5) counseling that encourages a woman to have an
abortion; and
(6) any other service that facilitates the provision
of an abortion.
(b) This section does not apply to a taxpayer resource
transaction entered into or money appropriated or spent by a
governmental entity 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 4. Section 2273.004, Government Code, is amended to
read as follows:
Sec. 2273.004. CIVIL REMEDY [INJUNCTION]; WAIVER OF
IMMUNITY. (a) The attorney general, a resident of this state, or
an individual residing within a political subdivision of this state
may bring an action against any party to the actual or proposed
prohibited transaction, appropriation, or expenditure, as
applicable, of a governmental entity that violates or is seeking to
violate Section 2273.003 or 2273.0031 and is entitled to recover in
the action:
(1) declaratory relief;
(2) injunctive relief that terminates and reimburses
any value conferred by the prohibited transaction, appropriation,
or expenditure and enjoins the party from entering into a
prohibited transaction, appropriation, or expenditure in the
future;
(3) court costs; and
(4) reasonable attorney's fees [in the name of the
state to enjoin a violation of Section 2273.003. The attorney
general may recover reasonable attorney's fees and costs incurred
in bringing an action under this subsection].
(b) Sovereign or governmental immunity, as applicable, of a
governmental entity to suit and from liability is waived and
abolished to the extent of liability created by Subsection (a).
(c) Notwithstanding any other law:
(1) a court may not award costs or attorney's fees
under Rule 91a, Texas Rules of Civil Procedure, or under another
rule the supreme court adopts under Section 22.004(g) to any
defendant against whom an action is brought under this section; and
(2) Chapters 27 and 110, Civil Practice and Remedies
Code, do not apply to an action brought under this section.
SECTION 5. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
each person or entity, is severable from each other. If any
application of any provision in this Act to any person, group of
persons, or circumstances is found by a court to be invalid for any
reason, the remaining applications of that provision to all other
persons and circumstances shall be severed and may not be affected.
SECTION 6. This Act takes effect September 1, 2025.