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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a public entity from providing financial |
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assistance for abortion or abortion-related services; providing |
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civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2273, Government Code, is amended to |
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read as follows: |
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CHAPTER 2273. PROHIBITED TRANSACTIONS |
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Sec. 2273.001. 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 defined and |
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licensed under Chapter 243, Health and Safety Code, that performs |
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abortions; or [is used to perform more than 50 abortions in any |
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12-month period] |
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(C) a physician as defined by Section 151.002, |
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Occupations Code, a pharmacist or pharmacy, as defined by Section |
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551.003, Occupations Code, or a health care entity that performs, |
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prescribes, or provides abortions. |
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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 or membership agreement, |
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standards of affiliation, bylaws, or a license, that demonstrates: |
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(A) common ownership, management, or control |
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between the parties to the relationship; |
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(B) a franchise granted by the person or entity |
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to the affiliate; or |
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(C) the granting or extension of a license or |
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other agreement authorizing the affiliate to use the other person's |
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or entity's brand name, trademark, service mark, or other |
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registered identification mark. |
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(4) "Financial assistance" means, with respect to a |
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government program, governmental payments provided as |
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reimbursement for carrying out health-related activities. |
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(5) "Health care entity" includes an individual |
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physician, pharmacist, or pharmacy technician; a postgraduate |
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physician training program; and a participant in a program of |
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training in the health professions. |
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(6) "Postgraduate physician training program" |
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includes a residency training program. |
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(7) "Public ["Governmental] entity" means this state, |
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a state agency in the executive, judicial, or legislative branch of |
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state government, county, city, public school district, public |
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hospital district, any public hospital district or public |
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university that offers a postgraduate physician training program or |
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residency program, or any local or [a] political subdivision of |
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this state or an agency of the political subdivision. |
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(8) [(5)] "Taxpayer resource transaction" means a |
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sale, purchase, lease, loan, grant, reimbursement, financial |
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assistance, donation of money, goods, services, or real property, |
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or any other transaction between a public [governmental] entity and |
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a private entity that provides to the private entity something of |
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value derived from state or local tax revenue, regardless of |
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whether the public [governmental] entity receives something of |
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value in return. The term does not include the provision of basic |
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public services, including fire and police protection and |
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utilities, by a public [governmental] entity to an abortion |
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provider or affiliate in the same manner as the entity provides the |
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services to the general public. The term includes advocacy or |
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lobbying by or on behalf of a public [governmental] entity on behalf |
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of the interests of an abortion provider or affiliate, but does not |
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include: |
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(A) an officer or employee of a public |
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[governmental] entity providing information to a member of the |
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legislature or appearing before a legislative committee at the |
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request of the 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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Sec. 2273.002. APPLICABILITY. [(a) This chapter does |
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not 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 a procedure [an abortion] at the facility during a |
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medical emergency as defined by Section 171.002, Health and Safety |
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Code, or to save the life of the mother. |
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Sec. 2273.003. ABORTION PROVIDER AND AFFILIATE |
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TRANSACTIONS PROHIBITED[; EXCEPTION]. (a) A public entity in this |
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state shall not make [Except as provided by Subsection (b), a |
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governmental entity may not enter into] a taxpayer resource |
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transaction with any funds under its control to prescribe, provide, |
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perform, or induce an abortion; assist in the prescription, |
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provision, or performance of an abortion; refer for an abortion; or |
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provide facilities for an abortion or for training to prescribe, |
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provide, or perform [provider or an affiliate of] an abortion |
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[provider]. |
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(b) A public entity in this state shall not enter into [This |
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section does not apply to] a taxpayer resource transaction with an |
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abortion prescriber or provider or an affiliate of an abortion |
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provider, including pharmacies. |
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(c) A public entity in this state shall not assist in the |
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training of staff or students, or conduct training for any health |
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care entity, on abortion [that is subject to a federal law in |
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conflict with Subsection (a) as determined by the executive |
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commissioner of the Health and Human Services Commission and |
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confirmed in writing by the attorney general]. |
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Sec. 2273.004. 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 2272.003. 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 and Section 2273.006. |
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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) and Section 2273.003. |
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Sec. 2273.005. CONSTRUCTION OF CHAPTER. (a) This section |
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supersedes any previous law regarding restrictions on the use of |
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public funds for abortion or on taxpayer resource transactions with |
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abortion providers or affiliates of abortion providers. If any |
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current or future law regarding restrictions on the use of public |
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funds for abortion or on taxpayer resource transactions with |
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abortion providers or affiliates of abortion providers conflicts |
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with this section, the more restrictive provision shall apply. |
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(b) This chapter may not be construed to restrict a |
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municipality or county from prohibiting abortion. |
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Sec. 2273.006. ENFORCEMENT. (a) The attorney general may |
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bring an action in the name of the state to enjoin a violation of |
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Section 2273.003. |
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(b) A person may bring a civil action to enjoin a violation |
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of Section 2273.003 for the person and for the state. The action |
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must be brought in the name of the person and of the state. A person |
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bringing an action under this chapter shall serve a copy of the |
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petition and a written disclosure of substantially all material |
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evidence and information the person possesses on the attorney |
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general in compliance with the Texas Rules of Civil Procedure. |
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(c) A person who violates this chapter is subject to a civil |
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penalty of up to $25,000 for each violation. An entity that |
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violates this chapter is subject to a civil penalty of up to $50,000 |
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for each violation and a loss of funding from the applicable public |
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entity. |
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SECTION 2. The Health and Human Services Commission shall |
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adopt rules or enter into binding agreements, such as with an |
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accrediting agency described by the federal Coats-Snowe Amendment |
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(42 U.S.C. Section 238n), as necessary to implement the changes in |
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law made by Section 1 of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |