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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited state contracts with vendors that perform |
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elective abortions, destructive embryonic stem cell research, or |
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human cloning or that conduct research on human fetal tissue. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2155, Government Code, is |
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amended by adding Section 2155.0061 to read as follows: |
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Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS |
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FROM CERTAIN VENDORS. (a) In this section: |
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(1) "Abortion" has the meaning assigned by Section |
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171.002, Health and Safety Code. |
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(2) "Affiliate" means an entity or individual that has |
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a legal relationship with another entity or individual created or |
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governed by at least one written document. |
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(3) "Destructive embryonic stem cell research" means |
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any research that involves the destruction or disaggregation of a |
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human embryo. |
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(4) "Human cloning" means the use of somatic cell |
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nuclear transfer to produce a human embryo. |
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(5) "Human embryo" means a living organism of the |
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species Homo sapiens through the first 56 days of development, |
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excluding any time during which development is suspended. |
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(6) "Human fetal tissue" means any gestational human |
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organ, cell, or tissue from an unborn child. |
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(7) "Somatic cell" means a cell of a developing or |
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fully developed human being that is not and will not become a sperm |
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or egg cell. |
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(8) "Somatic cell nuclear transfer" means the transfer |
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of the nucleus of a somatic cell into a human egg cell from which the |
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nucleus has been removed or rendered inert. |
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(b) A state agency may not accept a bid from or award a |
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contract, including a contract for which purchasing authority is |
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delegated to a state agency, to a vendor that: |
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(1) performs or promotes elective abortions or is an |
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affiliate of an entity or individual that performs or promotes |
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elective abortions; |
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(2) contracts with an entity or individual that |
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performs or promotes elective abortions; |
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(3) intentionally or knowingly: |
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(A) performs or attempts to perform destructive |
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embryonic stem cell research or human cloning; |
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(B) participates in an attempt to perform |
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destructive embryonic stem cell research or human cloning; |
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(C) transfers or receives a human embryo for |
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destructive embryonic stem cell research or a human embryo produced |
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by human cloning; or |
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(D) transfers or receives, wholly or partly, any |
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human egg cell, human sperm cell, human embryo, or somatic cell for |
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human cloning; |
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(4) transfers or receives human fetal tissue, cells, |
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or organs donated by a facility licensed under Chapter 243 or 245, |
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Health and Safety Code; or |
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(5) conducts scientific research on human fetal |
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tissue, cells, or organs donated by a facility licensed under |
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Chapter 243 or 245, Health and Safety Code. |
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(c) A bid or contract award subject to the requirements of |
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this section must include the following statement: |
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"Under Section 2155.0061, Government Code, the vendor |
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certifies that the entity or individual named in this bid or |
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contract is not ineligible to receive the specified contract and |
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acknowledges that this contract may be terminated and payment |
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withheld if this certification is inaccurate." |
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(d) A state agency that determines that a vendor is |
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ineligible to have a bid accepted or contract awarded under |
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Subsection (b) shall immediately terminate the bid or contract |
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without further obligation to the vendor. A state agency that |
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receives information that a vendor submitting a bid for a state |
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contract or awarded a state contract is in violation of Subsection |
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(b) shall investigate and make a determination on the validity of |
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the information. |
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(e) An entity or individual is not considered an affiliate |
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of another entity or individual for purposes of this section |
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unless: |
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(1) the entity or individual demonstrates, with |
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respect to the parties to the relationship: |
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(A) common ownership, management, or control; |
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(B) the existence of a franchise; or |
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(C) the granting or extension of a license or |
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other agreement authorizing the affiliate to use the other entity's |
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or individual's brand name, trademark, service mark, or other |
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registered identification mark; |
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(2) the written document evidencing the affiliation is |
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a certificate of formation, a franchise agreement, standards of |
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affiliation, bylaws, articles of incorporation, or a license; and |
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(3) the written document evidencing the affiliation is |
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not an agreement related to a physician's participation in a |
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physician group practice, hospital group agreement, staffing |
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agreement, management agreement, or collaborative practice |
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agreement. |
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(f) An entity or individual promotes an elective abortion |
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for purposes of this section by advancing, furthering, advocating, |
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or popularizing the elective abortion by: |
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(1) taking affirmative action to secure elective |
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abortion services for a patient, including: |
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(A) making an appointment; |
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(B) obtaining consent for the elective abortion; |
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(C) arranging for transportation; |
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(D) negotiating a reduction in an elective |
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abortion provider fee; |
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(E) arranging or scheduling an elective abortion |
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procedure; or |
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(F) referring a woman to an entity or individual |
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that performs elective abortions; |
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(2) providing or displaying to a patient information |
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that publicizes or advertises an elective abortion service or |
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provider; or |
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(3) using, displaying, or operating under a brand |
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name, trademark, service mark, or registered identification mark of |
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an organization that performs or promotes elective abortions. |
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(g) An entity or individual does not promote an elective |
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abortion for purposes of this section by providing to a patient on |
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request: |
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(1) neutral, factual information; or |
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(2) nondirective counseling. |
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(h) This section does not create a cause of action to |
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contest a bid or award of a state contract. |
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SECTION 2. The changes in law made by this Act apply only in |
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relation to a contract for which a state agency first advertises or |
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otherwise solicits bids, proposals, offers, or qualifications on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |