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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibitions on the use of certain state money for |
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emergency contraceptives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2273.001, Government Code, is amended by |
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adding Subdivision (3-a) and amending Subdivision (5) to read as |
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follows: |
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(3-a) "Emergency contraceptive" means a drug that: |
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(A) is used postcoitally with the intent to |
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prevent a pregnancy; |
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(B) prevents fertilization of an egg or |
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implantation of an embryo in a uterus; and |
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(C) is approved by the United States Food and |
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Drug Administration. |
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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 from state or local tax revenue, regardless of |
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whether the governmental entity receives something of value in |
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return. 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 or an |
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emergency contraceptive provider in the same manner as the entity |
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provides the services to the general public. The term includes |
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advocacy or lobbying by or on behalf of a governmental entity on |
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behalf of the interests of an abortion provider or affiliate or an |
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emergency contraceptive provider, but does not include: |
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(A) an officer or employee of a governmental |
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entity providing information to a member of the legislature or |
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appearing before a legislative committee at the request of the |
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member or committee; |
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(B) an elected official advocating for or against |
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or otherwise influencing or attempting to influence the outcome of |
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legislation pending before the legislature while acting in the |
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capacity of an elected official; or |
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(C) an individual speaking as a private citizen |
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on a matter of public concern. |
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SECTION 2. The heading to Section 2273.003, Government |
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Code, is amended to read as follows: |
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Sec. 2273.003. CERTAIN TAXPAYER RESOURCE [ABORTION |
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PROVIDER AND AFFILIATE] TRANSACTIONS PROHIBITED; EXCEPTION. |
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SECTION 3. Section 2273.003(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), a governmental |
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entity may not enter into a taxpayer resource transaction with: |
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(1) an abortion provider or an affiliate of an |
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abortion provider; or |
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(2) an emergency contraceptive provider. |
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SECTION 4. Section 32.005, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 32.005. PROVISION OF CERTAIN ABORTION AND EMERGENCY |
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CONTRACEPTION SERVICES RESTRICTED. (a) In this section, |
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"emergency contraceptive" has the meaning assigned by Section |
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2273.001, Government Code. |
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(b) Notwithstanding any other provision of this chapter, |
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funds administered under this chapter may not be used to provide |
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abortion services or emergency contraceptives unless the mother's |
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life is in danger. |
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SECTION 5. Section 32.024(c-1), Human Resources Code, is |
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amended to read as follows: |
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(c-1) The commission shall ensure that money spent for |
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purposes of the demonstration project for women's health care |
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services under former Section 32.0248 or a similar successor |
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program is not used to perform, provide, or promote elective |
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abortions or emergency contraceptives, or to contract with entities |
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that perform, provide, or promote elective abortions or emergency |
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contraceptives or affiliate with those entities [that perform or |
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promote elective abortions]. In this subsection, "emergency |
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contraceptive" has the meaning assigned by Section 2273.001, |
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Government Code. |
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SECTION 6. (a) The changes in law made by this Act to |
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Chapter 2273, Government Code, apply only to a taxpayer resource |
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transaction entered into on or after the effective date of this Act. |
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(b) The changes in law made by this Act to Section 32.005, |
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Health and Safety Code, and Section 32.024, Human Resources Code, |
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apply only to the use of money that occurs on or after the effective |
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date of this Act. |
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SECTION 7. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 8. This Act takes effect September 1, 2023. |