By: Klick H.B. No. 5249
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting a public entity from providing financial
  assistance for abortion or abortion-related services; providing
  civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2273, Government Code, is amended to
  read as follows:
  CHAPTER 2273.  PROHIBITED TRANSACTIONS
         Sec. 2273.001.  DEFINITIONS. In this chapter:
               (1)  "Abortion" has the meaning assigned by Section
  245.002, Health and Safety Code.
               (2)  "Abortion provider" means:
                     (A)  a facility licensed under Chapter 245, Health
  and Safety Code; [or]
                     (B)  an ambulatory surgical center defined and 
  licensed under Chapter 243, Health and Safety Code, that performs
  abortions; or [is used to perform more than 50 abortions in any
  12-month period]
                     (C)  a physician as defined by Section 151.002,
  Occupations Code, a pharmacist or pharmacy, as defined by Section
  551.003, Occupations Code, or a health care entity that performs,
  prescribes, or provides abortions.
               (3)  "Affiliate" means a person or entity who enters
  into with another person or entity a legal relationship created or
  governed by at least one written instrument, including a
  certificate of formation, a franchise or membership agreement,
  standards of affiliation, bylaws, or a license, that demonstrates:
                     (A)  common ownership, management, or control
  between the parties to the relationship;
                     (B)  a franchise granted by the person or entity
  to the affiliate; or
                     (C)  the granting or extension of a license or
  other agreement authorizing the affiliate to use the other person's
  or entity's brand name, trademark, service mark, or other
  registered identification mark.
               (4)  "Financial assistance" means, with respect to a
  government program, governmental payments provided as
  reimbursement for carrying out health-related activities.
               (5)  "Health care entity" includes an individual
  physician, pharmacist, or pharmacy technician; a postgraduate
  physician training program; and a participant in a program of
  training in the health professions.
               (6)  "Postgraduate physician training program"
  includes a residency training program.
               (7)  "Public ["Governmental] entity" means this state,
  a state agency in the executive, judicial, or legislative branch of
  state government, county, city, public school district, public
  hospital district, any public hospital district or public
  university that offers a postgraduate physician training program or
  residency program, or any local or [a] political subdivision of
  this state or an agency of the political subdivision.
               (8) [(5)]  "Taxpayer resource transaction" means a
  sale, purchase, lease, loan, grant, reimbursement, financial
  assistance, donation of money, goods, services, or real property,
  or any other transaction between a public [governmental] entity and
  a private entity that provides to the private entity something of
  value derived from state or local tax revenue, regardless of
  whether the public [governmental] entity receives something of
  value in return.  The term does not include the provision of basic
  public services, including fire and police protection and
  utilities, by a public [governmental] entity to an abortion
  provider or affiliate in the same manner as the entity provides the
  services to the general public.  The term includes advocacy or
  lobbying by or on behalf of a public [governmental] entity on behalf
  of the interests of an abortion provider or affiliate, but does not
  include:
                     (A)  an officer or employee of a public 
  [governmental] entity providing information to a member of the
  legislature or appearing before a legislative committee at the
  request of the member or committee;
                     (B)  an elected official advocating for or against
  or otherwise influencing or attempting to influence the outcome of
  legislation pending before the legislature while acting in the
  capacity of an elected official; or
                     (C)  an individual speaking as a private citizen
  on a matter of public concern.
         Sec. 2273.002.  APPLICABILITY.  [(a)  This chapter does not
  apply to:
               [(1)  a hospital licensed under Chapter 241, Health and
  Safety Code;
               [(2)  the office of a physician licensed under Subtitle
  B, Title 3, Occupations Code, that performs 50 or fewer abortions in 
  any 12-month period;
               [(3)  a state hospital as defined by Section 552.0011, 
  Health and Safety Code;
               [(4)  a teaching hospital of a public or private
  institution of higher education; or
               [(5)  an accredited residency program providing 
  training to resident physicians.
         [(b)]  For purposes of this chapter, a facility is not
  considered to be an abortion provider solely based on the
  performance of a procedure [an abortion] at the facility during a
  medical emergency as defined by Section 171.002, Health and Safety
  Code, or to save the life of the mother.
         Sec. 2273.003.  ABORTION PROVIDER AND AFFILIATE
  TRANSACTIONS PROHIBITED[; EXCEPTION].  (a)  A public entity in this
  state shall not make [Except as provided by Subsection (b), a
  governmental entity may not enter into] a taxpayer resource
  transaction with any funds under its control to prescribe, provide,
  perform, or induce an abortion; assist in the prescription,
  provision, or performance of an abortion; refer for an abortion; or
  provide facilities for an abortion or for training to prescribe,
  provide, or perform [provider or an affiliate of] an abortion
  [provider].
         (b)  A public entity in this state shall not enter into [This
  section does not apply to] a taxpayer resource transaction with an
  abortion prescriber or provider or an affiliate of an abortion
  provider, including pharmacies.
         (c)  A public entity in this state shall not assist in the
  training of staff or students, or conduct training for any health
  care entity, on abortion [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. 2273.004.  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 and Section 2273.006.
         (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) and Section 2273.003.
         Sec. 2273.005.  CONSTRUCTION OF CHAPTER.  (a)  This section
  supersedes any previous law regarding restrictions on the use of
  public funds for abortion or on taxpayer resource transactions with
  abortion providers or affiliates of abortion providers.  If any
  current or future law regarding restrictions on the use of public
  funds for abortion or on taxpayer resource transactions with
  abortion providers or affiliates of abortion providers conflicts
  with this section, the more restrictive provision shall apply.
         (b)  This chapter may not be construed to restrict a
  municipality or county from prohibiting abortion.
         Sec. 2273.006.  ENFORCEMENT. (a)  The attorney general may
  bring an action in the name of the state to enjoin a violation of
  Section 2273.003.
         (b)  A person may bring a civil action to enjoin a violation
  of Section 2273.003 for the person and for the state.  The action
  must be brought in the name of the person and of the state.  A person
  bringing an action under this chapter shall serve a copy of the
  petition and a written disclosure of substantially all material
  evidence and information the person possesses on the attorney
  general in compliance with the Texas Rules of Civil Procedure.
         (c)  A person who violates this chapter is subject to a civil
  penalty of up to $25,000 for each violation.  An entity that
  violates this chapter is subject to a civil penalty of up to $50,000
  for each violation and a loss of funding from the applicable public
  entity.
         SECTION 2.  The Health and Human Services Commission shall
  adopt rules or enter into binding agreements, such as with an
  accrediting agency described by the federal Coats-Snowe Amendment
  (42 U.S.C. Section 238n), as necessary to implement the changes in
  law made by Section 1 of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.