Honorable Dade Phelan, Chair, House Committee on State Affairs
FROM:
John McGeady, Assistant Director Sarah Keyton, Assistant Director Legislative Budget Board
IN RE:
HB1929 by Noble (Relating to the prohibition of certain transactions between a governmental entity and an abortion provider or affiliate of the provider.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would prohibit a governmental entity from entering into a taxpayer resource transaction or contract with abortion providers including licensed abortion facilities, certain ambulatory surgical centers, or an affiliate of these providers. Taxpayer resource transactions deemed, by the executive commissioner of the Health and Human Services Commission (HHSC) with written confirmation from the Attorney General, as required by federal law would be excluded from the prohibition. The Attorney General would be permitted to enjoin a violation of the prohibition on behalf of the state. The bill would take effect July 1, 2019 upon receiving a two-thirds majority vote in each house. Otherwise, the bill would take effect September 1, 2019.
It is assumed that the prohibition would not apply to Medicaid. If the prohibition were applied to Medicaid, it could conflict with federal requirements and result in penalties including the loss of federal matching funds for Medicaid.
Based on the analysis provided by HHSC and the Office of Attorney General, the provisions of the bill can be implemented within existing resources.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies:
302 Office of the Attorney General, 529 Health and Human Services Commission