Bill Text: TX SB4 | 2017 | 85th Legislature 1st Special Session | Engrossed

Texas Senate Bill 4 (Prior Session Legislation)

Bill Title: Relating to prohibiting certain transactions between a governmental entity and an abortion provider or affiliate of the provider.

Sponsorship: Partisan Bill (Republican 18)

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


	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.