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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of certain transactions between a |
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governmental entity and an abortion provider or affiliate of the |
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provider. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 10, Government Code, is |
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amended by adding Chapter 2272 to read as follows: |
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CHAPTER 2272. PROHIBITED TRANSACTIONS |
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Sec. 2272.001. DEFINITIONS. In this chapter: |
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(1) "Abortion" means an act or procedure performed |
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after pregnancy has been medically verified and with the intent to |
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cause the termination of a pregnancy other than for the purpose of |
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either the birth of a live fetus or removing a dead fetus. The term |
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does not include birth control devices or oral contraceptives. |
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(2) "Abortion provider" means: |
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(A) a facility licensed under Chapter 245, Health |
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and Safety Code; or |
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(B) an ambulatory surgical center licensed under |
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Chapter 243, Health and Safety Code, that is used substantially for |
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the purpose of performing abortions. |
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(3) "Affiliate" means an entity or individual that |
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has, with another entity or individual, a legal relationship |
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created or governed by at least one written document. |
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(4) "Governmental entity" means this state, a state |
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agency in the executive, judicial, or legislative branch of state |
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government, or a political subdivision of this state. |
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(5) "Taxpayer resource transaction" means a sale, |
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purchase, lease, or donation of money, goods, services, or real |
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property, or any other transaction between a governmental entity |
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and a private entity or individual that provides to the private |
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entity or individual something of value derived directly or |
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indirectly from state or local tax revenue, regardless of whether |
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the governmental entity receives something of value in return. The |
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term does not include the provision of basic governmental services, |
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including fire and police protection. |
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Sec. 2272.002. APPLICABILITY. For purposes of this |
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chapter, a facility is not considered an abortion provider solely |
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because an abortion is performed at the facility to prevent a |
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patient's death or serious impairment in accordance with Section |
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245.016, Health and Safety Code. |
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Sec. 2272.003. ABORTION PROVIDER AND AFFILIATE |
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TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by |
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Subsection (c), a governmental entity may not enter into a taxpayer |
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resource transaction with an abortion provider or an affiliate of |
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an abortion provider. |
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(b) An entity or individual is not considered an affiliate |
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of another entity or individual for purposes of this section unless |
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the entity or individual, by way of at least one written document, |
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including a certificate of formation, a franchise agreement, |
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standards of affiliation, bylaws, or a license, demonstrates: |
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(1) common ownership, management, or control between |
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the parties to the relationship; |
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(2) the existence of a franchise granted by the other |
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entity or individual to the affiliate; or |
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(3) the granting or extension of a license or other |
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agreement authorizing the affiliate to use the other entity's or |
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individual's brand name, trademark, service mark, or other |
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registered identification mark. |
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(c) This section does not apply to a taxpayer resource |
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transaction that is subject to a federal law in conflict with |
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Subsection (a) as determined by the executive commissioner of the |
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Health and Human Services Commission and confirmed in writing by |
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the attorney general. |
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Sec. 2272.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The |
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attorney general may bring an action in the name of the state to |
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enjoin a violation of Section 2272.003. The attorney general may |
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recover reasonable attorney's fees and costs incurred in bringing |
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an action under this subsection. |
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(b) Sovereign or governmental immunity, as applicable, of a |
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governmental entity to suit and from liability is waived to the |
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extent of liability created by Subsection (a). |
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SECTION 2. Chapter 2272, Government Code, as added by this |
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Act, applies only to a taxpayer resource transaction entered into |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect July 1, 2019, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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date, this Act takes effect September 1, 2019. |