Bill Text: TX SB389 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prohibition of certain transactions between a governmental entity and an abortion provider or affiliate of the provider.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2019-02-14 - Referred to Health & Human Services [SB389 Detail]
Download: Texas-2019-SB389-Introduced.html
| 86R1909 YDB-F | ||
| By: Campbell | S.B. No. 389 | |
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| relating to the prohibition of certain transactions between a | ||
| governmental entity and an abortion provider or affiliate of the | ||
| provider. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle F, Title 10, Government Code, is | ||
| amended by adding Chapter 2272 to read as follows: | ||
| CHAPTER 2272. PROHIBITED TRANSACTIONS | ||
| Sec. 2272.001. DEFINITIONS. In this chapter: | ||
| (1) "Abortion" means an act or procedure performed | ||
| after pregnancy has been medically verified and with the intent to | ||
| cause the termination of a pregnancy other than for the purpose of | ||
| either the birth of a live fetus or removing a dead fetus. The term | ||
| does not include birth control devices or oral contraceptives. | ||
| (2) "Abortion provider" means: | ||
| (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 substantially for | ||
| the purpose of performing abortions. | ||
| (3) "Affiliate" means an entity or individual that | ||
| has, with another entity or individual, a legal relationship | ||
| created or governed by at least one written document. | ||
| (4) "Governmental entity" means this state, a state | ||
| agency in the executive, judicial, or legislative branch of state | ||
| government, or a political subdivision of this state. | ||
| (5) "Taxpayer resource transaction" means a sale, | ||
| purchase, lease, or donation of money, goods, services, or real | ||
| property, or any other transaction between a governmental entity | ||
| and a private entity or individual that provides to the private | ||
| entity or individual something of value derived directly or | ||
| indirectly from state or local tax revenue, regardless of whether | ||
| the governmental entity receives something of value in return. The | ||
| term does not include the provision of basic governmental services, | ||
| including fire and police protection. | ||
| Sec. 2272.002. APPLICABILITY. For purposes of this | ||
| chapter, a facility is not considered an abortion provider solely | ||
| because an abortion is performed at the facility to prevent a | ||
| patient's death or serious impairment in accordance with Section | ||
| 245.016, Health and Safety Code. | ||
| Sec. 2272.003. ABORTION PROVIDER AND AFFILIATE | ||
| TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by | ||
| Subsection (c), a governmental entity may not enter into a taxpayer | ||
| resource transaction or contract with an abortion provider or an | ||
| affiliate of an abortion provider. | ||
| (b) An entity or individual is not considered an affiliate | ||
| of another entity or individual for purposes of this section unless | ||
| the entity or individual, by way of at least one written document, | ||
| including a certificate of formation, a franchise agreement, | ||
| standards of affiliation, bylaws, or a license, demonstrates: | ||
| (1) common ownership, management, or control between | ||
| the parties to the relationship; | ||
| (2) the existence of a franchise granted by the other | ||
| entity or individual to the affiliate; or | ||
| (3) the granting or extension of a license or other | ||
| agreement authorizing the affiliate to use the other entity's or | ||
| individual's brand name, trademark, service mark, or other | ||
| registered identification mark. | ||
| (c) This section does not apply to a taxpayer resource | ||
| transaction 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. | ||
| Sec. 2272.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The | ||
| attorney general may bring an action in the name of the state to | ||
| enjoin a violation of Section 2272.003. 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 to the | ||
| extent of liability created by Subsection (a). | ||
| SECTION 2. Chapter 2272, Government Code, as added by this | ||
| Act, applies only to a taxpayer resource transaction or contract | ||
| entered into on or after the effective date of this Act. | ||
| SECTION 3. This Act takes effect July 1, 2019, 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 effect on that | ||
| date, this Act takes effect September 1, 2019. | ||
