86R1909 YDB-F
 
  By: Campbell S.B. No. 389
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibition of 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 2272 to read as follows:
  CHAPTER 2272. PROHIBITED TRANSACTIONS
         Sec. 2272.001.  DEFINITIONS. In this chapter:
               (1)  "Abortion" means an act or procedure performed
  after pregnancy has been medically verified and with the intent to
  cause the termination of a pregnancy other than for the purpose of
  either the birth of a live fetus or removing a dead fetus. The term
  does not include birth control devices or oral contraceptives.
               (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 substantially for
  the purpose of performing abortions.
               (3)  "Affiliate" means an entity or individual that
  has, with another entity or individual, a legal relationship
  created or governed by at least one written document.
               (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, or donation of money, goods, services, or real
  property, or any other transaction between a governmental entity
  and a private entity or individual that provides to the private
  entity or individual 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. 2272.002.  APPLICABILITY.  For purposes of this
  chapter, a facility is not considered an abortion provider solely
  because an abortion is performed at the facility to prevent a
  patient's death or serious impairment in accordance with Section
  245.016, Health and Safety Code.
         Sec. 2272.003.  ABORTION PROVIDER AND AFFILIATE
  TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by
  Subsection (c), 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)  An entity or individual is not considered an affiliate
  of another entity or individual for purposes of this section unless
  the entity or individual, by way of at least one written document,
  including a certificate of formation, a franchise agreement,
  standards of affiliation, bylaws, or a license, demonstrates:
               (1)  common ownership, management, or control between
  the parties to the relationship;
               (2)  the existence of a franchise granted by the other
  entity or individual to the affiliate; or
               (3)  the granting or extension of a license or other
  agreement authorizing the affiliate to use the other entity's or
  individual's brand name, trademark, service mark, or other
  registered identification mark.
         (c)  This section does not apply to a taxpayer resource
  transaction that is subject to a federal law in conflict 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. 2272.004.  INJUNCTION; WAIVER OF IMMUNITY. (a) The
  attorney general may bring an action in the name of the state to
  enjoin a violation of Section 2272.003. 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 2272, 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 July 1, 2019, 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 effect on that
  date, this Act takes effect September 1, 2019.