Bill Text: TX HB36 | 2021 | 87th Legislature 3rd Special Session | Introduced


Bill Title: Relating to prohibited logistical support by a governmental entity for procurement of an abortion or the services of an abortion provider.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2021-09-13 - Filed [HB36 Detail]

Download: Texas-2021-HB36-Introduced.html
 
 
  By: Noble H.B. No. 36
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited logistical support by a governmental entity
  for procurement of an abortion or the services of an abortion
  provider.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2272, Government Code, as added by
  Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular
  Session, 2019, is amended by adding Section 2272.0031 to read as
  follows:
         Sec. 2272.0031.  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 2.  Section 2272.004(a), Government Code, as added
  by Chapter 501 (S.B. 22), Acts of the 86th Legislature, Regular
  Session, 2019, is amended to read as follows:
         (a)  The attorney general may bring an action in the name of
  the state to enjoin a violation of Section 2272.003 or 2272.0031.
  The attorney general may recover reasonable attorney's fees and
  costs incurred in bringing an action under this subsection.
         SECTION 3.  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, are 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 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.
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