89R9806 KRM-D

By: Kolkhorst S.B. No. 1388

A BILL TO BE ENTITLED

AN ACT

relating to family support services provided under a Health and Human Services Commission program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 54.001, Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, is amended by amending Subdivision (2) and adding Subdivisions (3), (4), (5), and (6) to read as follows:

(2) "Abortion services provider" means a person who provides abortion-related services, including:

(A) an abortion provider;

(B) a person who provides or refers an individual for abortion-inducing drugs;

(C) a person who facilitates or funds travel to receive an abortion or abortion-related services;

(D) a person who provides information or education relating to abortion or abortion-related services; or

(E) a person who conducts any other activity related to providing, recommending, or advocating for abortion-related services.

(3) "Affiliate" means a person who enters into with another person a legal relationship created or governed by at least one written instrument, including a certificate of formation, a franchise 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 to the affiliate; or

(C) the granting or extension of a license or other agreement authorizing the affiliate to use the other person's brand name, trademark, service mark, or other registered identification mark.

(4) "Governmental entity" means this state or a state agency or political subdivision of this state, including a court, municipality, or county.

(5) "Network contractor" means a person who contracts with the commission to provide or coordinate the provision of services under this chapter.

(6) "Program" means the Thriving Texas Families Program established under this chapter.

SECTION 2. Section 54.002, Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, is amended by amending Subsections (a) and (d) and adding Subsection (f) to read as follows:

(a) The commission shall establish the Thriving Texas Families Program as a continuation of the alternatives to abortion program to facilitate the operation of a statewide support network that provides:

(1) community outreach, consultation, and care coordination for women with an unexpected pregnancy; and

(2) an alternative to abortion through life-affirming pregnancy, adoption, and parenting and family support services.

(d) In developing the statewide network of service providers, the commission shall:

(1) [,] to the extent practicable, contract with providers who have a history of working with the commission in programs similar to the program created by this chapter; and

(2) ensure that service providers are not associated with an abortion services provider and do not provide, refer patients to, advocate for, or promote abortion services by verifying the provider:

(A) remains a legally separate entity from any abortion services provider and does not enter into any legal relationship with any abortion services provider;

(B) does not contract with or transfer any money, through gift or payment, to an abortion services provider or affiliate;

(C) does not share any employees or members of its governing body with an abortion services provider or affiliate;

(D) does not recommend abortion as an option for a client; and

(E) does not display or use the names or trademarks of an abortion services provider in describing or naming the provider under this program.

(f) Each network contractor and service provider shall annually certify in writing to the commission that the network contractor or service provider:

(1) upholds the life-affirming mission of the program; and

(2) is not involved in activities contradicting the program's objectives.

SECTION 3. Sections 54.003(b) and (e), Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, are amended to read as follows:

(b) Services provided through the program include:

(1) counseling and mentoring on pregnancy, education, parenting skills, adoption services, life skills, and employment readiness topics;

(2) care coordination for prenatal, perinatal, and postnatal services, including connecting participants to health services;

(3) educational materials and information about pregnancy, parenting, and adoption services;

(4) referrals to governmental and social service programs, including child care, transportation, housing, and state and federal benefit programs;

(5) classes on life skills, personal finance, parenthood, stress management, job training, job readiness, job placement, and educational attainment;

(6) provision of supplies for infant care and pregnancy, including car seats, cribs, maternity clothes, infant diapers, and formula; [and]

(7) housing services; and

(8) assistance in identifying and applying for stable housing services other than housing provided as authorized by Subsection (d).

(e) The commission or network contractors may not provide family planning or any abortion-related services through the network.

SECTION 4. Section 54.006(b), Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, is amended to read as follows:

(b) The commission shall seek comments from network providers in identifying [identify] indicators to measure the performance outcomes under Subsection (a) and require periodic reporting on the outcomes by network contractors and participating service providers.

SECTION 5. Section 54.011, Health and Safety Code, as added by Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular Session, 2023, is amended by amending Subsection (b) and adding Subsections (d) and (e) to read as follows:

(b) The commission or a service provider may not:

(1) use funding provided through the program to perform, induce, assist, or refer an abortion; or

(2) grant funds to an abortion provider, [or] an affiliate of an abortion provider, or an abortion services provider.

(d) An organization is not eligible for funding under this chapter if the organization:

(1) is a governmental entity or quasi-governmental entity;

(2) is a hospital or hospital district;

(3) primarily functions as a medical, behavioral health, or mental health provider;

(4) shares any employees or members of its governing body with an abortion services provider; or

(5) is affiliated with, collaborates, or has a relationship with an organization that shares any employees or members of its governing body with an abortion services provider.

(e) Subsection (d) does not apply to:

(1) an organization that contracted with the commission before September 1, 2023; or

(2) an organization with a history of contracting through the program and of providing alternatives to abortion.

SECTION 6. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt rules as necessary to implement the changes in law made by this Act.

SECTION 7. This Act takes effect September 1, 2025.