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A BILL TO BE ENTITLED
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AN ACT
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prohibiting certain transactions between governmental entities and |
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abortion funds, as well as entities engaged in a pattern of |
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racketeering activity as defined by federal law. |
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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 to |
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read as follows: |
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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 fund" means a person, corporation, |
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organization, government or governmental subdivision or agency, |
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business trust, estate, trust, partnership, association, or any |
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other legal entity that exists for the purpose of aiding or abetting |
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elective abortions, and that pays for, reimburses, or subsidizes in |
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any way the costs associated with obtaining an elective abortion; |
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(3) "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 licensed under |
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Chapter 243, Health and Safety Code, that is used to perform more |
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than 50 abortions in any 12-month period. |
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(4)[(3)] "Affiliate" means a person or entity who |
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enters into with another person or entity a legal relationship |
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created or governed by at least one written instrument, including a |
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certificate of formation, a franchise agreement, standards of |
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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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(5)[(4)] "Governmental entity" means this state, a |
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state agency in the executive, judicial, or legislative branch of |
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state government, or a political subdivision of this state. |
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(6) "Elective abortion" means any abortion other than |
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those performed or induced in response to a medical emergency; |
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(7) "Medical emergency" means a condition in which an |
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abortion is necessary to preserve the life of a pregnant woman whose |
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life is endangered by a physical disorder, physical illness, or |
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physical injury, including a life-endangering physical condition |
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caused by or arising from the pregnancy itself; |
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(8)[(5)] "Taxpayer resource transaction" means a |
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sale, 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 in the |
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same manner as the entity provides the services to the general |
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public. The term includes advocacy or lobbying by or on behalf of a |
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governmental entity on behalf of the interests of an abortion |
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provider or affiliate, 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. Section 2273.003, Government Code, is amended to |
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read as follows: |
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Sec. 2273.003. ABORTION FUND, PROVIDER, AND AFFILIATE |
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TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by |
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Subsection (b), a governmental entity may not enter into a taxpayer |
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resource transaction with: |
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(1) an abortion fund; |
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(2) an abortion provider; |
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(3) [or] an affiliate of an abortion fund or an |
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abortion provider; or |
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(4) any person or entity engaged in a pattern of |
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racketeering activity as defined in 18 U.S.C. §§ 1961-1962, |
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including: |
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(A) Racketeering activity that violates 18 |
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U.S.C. § 1461 by using the mails for the mailing, carriage in the |
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mails, or delivery of: |
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(i) Any article or thing designed, adapted, |
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or intended for producing abortion; or |
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(ii) Any article, instrument, substance, |
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drug, medicine, or thing which is advertised or described in a |
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manner calculated to lead another to use or apply it for producing |
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abortion; and |
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(B) Racketeering activity that violates 18 |
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U.S.C. § 1462 by: |
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(i) Using any express company or other |
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common carrier or interactive computer service for carriage in |
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interstate or foreign commerce of any drug, medicine, article, or |
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thing designed, adapted, or intended for producing abortion; |
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(ii) Knowingly taking or receiving, from |
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such express company or other common carrier or interactive |
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computer service, any matter or thing described in subsection |
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(B)(i). |
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(b) This section does not apply to a taxpayer resource |
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transaction that is subject to a federal law in conflict with |
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Subsection (a) as determined by the executive commissioner of the |
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Health and Human Services Commission and confirmed in writing by |
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the attorney general. |
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SECTION 3. This Act takes effect September 1, 2025. |