Bill Text: TX SB4 | 2017 | 85th Legislature 1st Special Session | Engrossed
Bill Title: Relating to prohibiting certain transactions between a governmental entity and an abortion provider or affiliate of the provider.
Spectrum: Partisan Bill (Republican 18-0)
Status: (Engrossed - Dead) 2017-07-27 - Received from the Senate [SB4 Detail]
Download: Texas-2017-SB4-Engrossed.html
| By: Schwertner, et al. | S.B. No. 4 | |
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| relating to prohibiting 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 2271 to read as follows: | ||
| CHAPTER 2271. PROHIBITED TRANSACTIONS | ||
| Sec. 2271.001. DEFINITIONS. In this chapter: | ||
| (1) "Abortion" has the meaning assigned by Section | ||
| 245.002, Health and Safety Code. | ||
| (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 for the purpose of | ||
| performing more than 50 abortions in any 12-month period. | ||
| (3) "Affiliate" means a person or entity who enters | ||
| into with another person or entity a legal relationship created or | ||
| governed by at least one written instrument, including a | ||
| certificate of formation, a franchise agreement, standards of | ||
| affiliation, bylaws, or a license, that demonstrates: | ||
| (A) common ownership, management, or control; | ||
| (B) a franchise; or | ||
| (C) the granting or extension of a license or | ||
| other agreement authorizing the person or entity to use the other | ||
| person's or entity's brand name, trademark, service mark, or other | ||
| registered identification mark. | ||
| (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, donation of money, goods, services, or real | ||
| property, or any other transaction between a governmental entity | ||
| and a private entity that provides to the private entity 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 includes advocacy or | ||
| lobbying on behalf of the interests of an abortion provider or | ||
| affiliate. The term does not include the provision of basic public | ||
| services, including fire and police protection and utilities, by a | ||
| governmental entity to an abortion provider or affiliate in the | ||
| same manner as the entity provides the services to the general | ||
| public. | ||
| Sec. 2271.002. APPLICABILITY. (a) This chapter does not | ||
| apply to: | ||
| (1) a hospital licensed under Chapter 241, Health and | ||
| Safety Code; | ||
| (2) the office of a physician licensed under Subtitle | ||
| B, Title 3, Occupations Code, that performs 50 or fewer abortions in | ||
| any 12-month period; | ||
| (3) a state hospital as defined by Section 552.0011, | ||
| Health and Safety Code; | ||
| (4) a teaching hospital of a public or private | ||
| institution of higher education; or | ||
| (5) an accredited residency program providing | ||
| training to resident physicians. | ||
| (b) For purposes of this chapter, a facility is not | ||
| considered to be an abortion provider solely based on the | ||
| performance of an abortion at the facility during a medical | ||
| emergency as defined by Section 171.002, Health and Safety Code. | ||
| Sec. 2271.003. ABORTION PROVIDER AND AFFILIATE | ||
| TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by | ||
| Subsection (b), 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) This section does not apply to a taxpayer resource | ||
| transaction involving a federal law that conflicts 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. 2271.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The | ||
| attorney general may bring an action in the name of the state to | ||
| enjoin a violation of Section 2271.003. 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 2271, 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 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. | ||
