Bill Text: TX SB855 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to prohibiting certain transactions between a governmental entity and an abortion facility or affiliate of the facility.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-02-27 - Referred to Health & Human Services [SB855 Detail]
Download: Texas-2017-SB855-Introduced.html
| 85R7091 SCL-F | ||
| By: Campbell | S.B. No. 855 | |
|
|
||
|
|
||
| relating to prohibiting certain transactions between a | ||
| governmental entity and an abortion facility or affiliate of the | ||
| facility. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle F, Title 10, Government Code, is | ||
| amended by adding Chapter 2270 to read as follows: | ||
| CHAPTER 2270. PROHIBITED TRANSACTIONS | ||
| Sec. 2270.001. DEFINITIONS. In this chapter: | ||
| (1) "Affiliate" means a person that has a legal | ||
| relationship with another person that is 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 that authorizes the person to use the other | ||
| person's brand name, trademark, service mark, or other registered | ||
| identification mark. | ||
| (2) "Elective abortion" means an abortion that is not | ||
| medically necessary to save the life of the pregnant female on whom | ||
| the abortion is performed. | ||
| (3) "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. | ||
| (4) "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 does not include the | ||
| provision of basic governmental services, including fire and police | ||
| protection. | ||
| Sec. 2270.002. 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 with an abortion facility licensed under | ||
| Chapter 245, Health and Safety Code, that performs elective | ||
| abortions or an affiliate of the facility that performs elective | ||
| abortions. | ||
| (b) This section does not apply to a taxpayer resource | ||
| transaction that involves a federal law that conflicts with | ||
| Subsection (a) as determined by the executive commissioner of the | ||
| Health and Human Services Commission. | ||
| Sec. 2270.003. INJUNCTION. (a) The attorney general may | ||
| bring an action in the name of the state to enjoin a violation of | ||
| Section 2270.002. 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 2270, Government Code, as added by this | ||
| Act, applies only to a 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 September 1, 2017. | ||
