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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting 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 2271 to read as follows: |
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CHAPTER 2271. PROHIBITED TRANSACTIONS |
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Sec. 2271.001. DEFINITIONS. In this chapter: |
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(1) "Abortion" has the meaning assigned by Section |
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245.002, Health and Safety Code. |
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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 for the purpose of |
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performing more than 50 abortions in any 12-month period. |
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(3) "Affiliate" means a person or entity who enters |
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into with another person or entity a legal relationship created or |
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governed by at least one written instrument, including a |
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certificate of formation, a franchise agreement, standards of |
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affiliation, bylaws, or a license, that demonstrates: |
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(A) common ownership, management, or control; |
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(B) a franchise; or |
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(C) the granting or extension of a license or |
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other agreement authorizing the person or entity to use the other |
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person's or entity's brand name, trademark, service mark, or other |
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registered identification mark. |
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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, 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 that provides to the private entity something |
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of value derived directly or indirectly from state or local tax |
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revenue, regardless of whether the governmental entity receives |
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something of value in return. The term includes advocacy or |
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lobbying on behalf of the interests of an abortion provider or |
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affiliate. The term does not include the provision of basic public |
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services, including fire and police protection and utilities, by a |
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governmental entity to an abortion provider or affiliate in the |
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same manner as the entity provides the services to the general |
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public. |
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Sec. 2271.002. APPLICABILITY. (a) This chapter does not |
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apply to: |
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(1) a hospital licensed under Chapter 241, Health and |
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Safety Code; |
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(2) the office of a physician licensed under Subtitle |
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B, Title 3, Occupations Code, that performs 50 or fewer abortions in |
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any 12-month period; |
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(3) a state hospital as defined by Section 552.0011, |
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Health and Safety Code; |
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(4) a teaching hospital of a public or private |
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institution of higher education; or |
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(5) an accredited residency program providing |
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training to resident physicians. |
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(b) For purposes of this chapter, a facility is not |
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considered to be an abortion provider solely based on the |
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performance of an abortion at the facility during a medical |
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emergency as defined by Section 171.002, Health and Safety Code. |
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Sec. 2271.003. ABORTION PROVIDER AND AFFILIATE |
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TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by |
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Subsection (b), a governmental entity may not enter into a taxpayer |
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resource transaction or contract with an abortion provider or an |
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affiliate of an abortion provider. |
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(b) This section does not apply to a taxpayer resource |
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transaction involving a federal law that conflicts with Subsection |
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(a) as determined by the executive commissioner of the Health and |
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Human Services Commission and confirmed in writing by the attorney |
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general. |
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Sec. 2271.004. 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 2271.003. 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 2271, Government Code, as added by this |
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Act, applies only to a taxpayer resource transaction or contract |
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entered into on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |