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) 2017-07-27 - Received from the Senate [SB4 Detail]

Download: Texas-2017-SB4-Engrossed.html
 
 
  By: Schwertner, et al. S.B. No. 4
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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