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A BILL TO BE ENTITLED
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AN ACT
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relating to certain prohibited transactions and logistical support |
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between a governmental entity and an abortion assistance entity or |
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abortion provider for the procurement of an abortion or related |
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services. |
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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 (1-a) and amending Subdivision (2) to read as |
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follows: |
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(1-a) "Abortion assistance entity" means a person that |
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procures or facilitates a woman's procurement of an abortion by |
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engaging in any of the following acts: |
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(A) offering or providing money to pay for, |
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reimburse, or offset the costs of obtaining an abortion or the costs |
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incurred by or associated with seeking an abortion, regardless of |
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the location at which the abortion occurs; |
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(B) paying for, planning, or executing plans for |
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travel accommodations, including transportation, meals, or |
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lodging, with the intent of facilitating the procurement of an |
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abortion, regardless of the location at which the abortion occurs; |
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(C) offering, providing, or paying for any type |
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of service or logistical support, including child care or abortion |
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doula services, to facilitate the procurement of an abortion; or |
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(D) collecting or distributing an |
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abortion-inducing drug, as that term is defined by Section 171.061, |
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Health and Safety Code, to increase access to those drugs. |
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(2) "Abortion provider" means a person who performs or |
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induces an abortion [: |
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[(A) a facility licensed under Chapter 245, |
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Health and Safety Code; or |
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[(B) an ambulatory surgical center licensed |
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under Chapter 243, Health and Safety Code, that is used to perform |
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more than 50 abortions in any 12-month period]. |
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SECTION 2. 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 an |
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abortion provider, [or] an affiliate of an abortion provider, or an |
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abortion assistance entity. |
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SECTION 3. Chapter 2273, Government Code, is amended by |
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adding Section 2273.0031 to read as follows: |
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Sec. 2273.0031. LOGISTICAL SUPPORT PROHIBITED. (a) Except |
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as provided by Subsection (b), a governmental entity may not enter |
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into a taxpayer resource transaction or appropriate or spend money |
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to provide to any person logistical support for the express purpose |
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of assisting a woman with procuring an abortion or the services of |
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an abortion provider. Logistical support includes providing money |
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for: |
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(1) child care; |
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(2) travel or any form of transportation to or from an |
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abortion provider; |
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(3) lodging; |
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(4) food or food preparation; |
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(5) counseling that encourages a woman to have an |
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abortion; and |
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(6) any other service that facilitates the provision |
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of an abortion. |
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(b) This section does not apply to a taxpayer resource |
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transaction entered into or money appropriated or spent by a |
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governmental entity that is subject to a federal law in conflict |
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with Subsection (a) as determined by the executive commissioner of |
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the Health and Human Services Commission and confirmed in writing |
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by the attorney general. |
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SECTION 4. Section 2273.004, Government Code, is amended to |
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read as follows: |
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Sec. 2273.004. CIVIL REMEDY [INJUNCTION]; WAIVER OF |
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IMMUNITY. (a) The attorney general, a resident of this state, or |
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an individual residing within a political subdivision of this state |
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may bring an action against any party to the actual or proposed |
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prohibited transaction, appropriation, or expenditure, as |
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applicable, of a governmental entity that violates or is seeking to |
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violate Section 2273.003 or 2273.0031 and is entitled to recover in |
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the action: |
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(1) declaratory relief; |
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(2) injunctive relief that terminates and reimburses |
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any value conferred by the prohibited transaction, appropriation, |
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or expenditure and enjoins the party from entering into a |
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prohibited transaction, appropriation, or expenditure in the |
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future; |
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(3) court costs; and |
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(4) reasonable attorney's fees [in the name of the |
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state to enjoin a violation of Section 2273.003. The attorney |
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general may recover reasonable attorney's fees and costs incurred |
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in bringing an action under this subsection]. |
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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 and |
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abolished to the extent of liability created by Subsection (a). |
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(c) Notwithstanding any other law: |
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(1) a court may not award costs or attorney's fees |
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under Rule 91a, Texas Rules of Civil Procedure, or under another |
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rule the supreme court adopts under Section 22.004(g) to any |
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defendant against whom an action is brought under this section; and |
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(2) Chapters 27 and 110, Civil Practice and Remedies |
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Code, do not apply to an action brought under this section. |
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SECTION 5. It is the intent of the legislature that every |
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provision, section, subsection, sentence, clause, phrase, or word |
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in this Act, and every application of the provisions in this Act to |
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each person or entity, is severable from each other. If any |
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application of any provision in this Act to any person, group of |
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persons, or circumstances is found by a court to be invalid for any |
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reason, the remaining applications of that provision to all other |
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persons and circumstances shall be severed and may not be affected. |
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SECTION 6. This Act takes effect September 1, 2025. |