Bill Text: TX SB22 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to prohibiting certain transactions between a governmental entity and an abortion provider or affiliate of the provider.
Spectrum: Partisan Bill (Republican 81-1)
Status: (Passed) 2019-06-07 - Effective on 9/1/19 [SB22 Detail]
Download: Texas-2019-SB22-Introduced.html
Bill Title: Relating to prohibiting certain transactions between a governmental entity and an abortion provider or affiliate of the provider.
Spectrum: Partisan Bill (Republican 81-1)
Status: (Passed) 2019-06-07 - Effective on 9/1/19 [SB22 Detail]
Download: Texas-2019-SB22-Introduced.html
2019S0257-1 02/22/19 | ||
By: Campbell, et al. | S.B. No. 22 |
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relating to prohibiting certain transactions between a | ||
governmental entity and an abortion provider or affiliate of the | ||
provider. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 10, Government Code, is | ||
amended by adding Chapter 2271 to read as follows: | ||
CHAPTER 2271. PROHIBITED TRANSACTIONS | ||
Sec. 2271.001. 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 licensed under | ||
Chapter 243, Health and Safety Code, that is used for the purpose of | ||
performing more than 50 abortions in any 12-month period. | ||
(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 agreement, standards of | ||
affiliation, bylaws, or a license, that demonstrates: | ||
(A) common ownership, management, or control; | ||
(B) a franchise; or | ||
(C) the granting or extension of a license or | ||
other agreement authorizing the person or entity to use the other | ||
person's or entity's brand name, trademark, service mark, or other | ||
registered identification mark. | ||
(4) "Governmental entity" means this state, a state | ||
agency in the executive, judicial, or legislative branch of state | ||
government, or a political subdivision of this state. | ||
(5) "Taxpayer resource transaction" means a sale, | ||
purchase, lease, donation of money, goods, services, or real | ||
property, or any other transaction between a governmental entity | ||
and a private entity that provides to the private entity something | ||
of value derived directly or indirectly from state or local tax | ||
revenue, regardless of whether the governmental entity receives | ||
something of value in return. The term includes advocacy or | ||
lobbying on behalf of the interests of an abortion provider or | ||
affiliate. The term does not include the provision of basic public | ||
services, including fire and police protection and utilities, by a | ||
governmental entity to an abortion provider or affiliate in the | ||
same manner as the entity provides the services to the general | ||
public. | ||
Sec. 2271.002. 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 an abortion at the facility during a medical | ||
emergency as defined by Section 171.002, Health and Safety Code. | ||
Sec. 2271.003. ABORTION PROVIDER AND AFFILIATE | ||
TRANSACTIONS PROHIBITED; EXCEPTION. (a) Except as provided by | ||
Subsection (b), a governmental entity may not enter into a taxpayer | ||
resource transaction or contract with an abortion provider or an | ||
affiliate of an abortion provider. | ||
(b) This section does not apply to a taxpayer resource | ||
transaction involving a federal law that conflicts 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. 2271.004. INJUNCTION; WAIVER OF IMMUNITY. (a) The | ||
attorney general may bring an action in the name of the state to | ||
enjoin a violation of Section 2271.003. The attorney general may | ||
recover reasonable attorney's fees and costs incurred in bringing | ||
an action under this subsection. | ||
(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). | ||
SECTION 2. Chapter 2271, Government Code, as added by this | ||
Act, applies only to a taxpayer resource transaction or contract | ||
entered into on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect on the 91st day after the last day of the | ||
legislative session. |