85R7091 SCL-F
 
  By: Springer H.B. No. 1936
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting certain transactions between a
  governmental entity and an abortion facility or affiliate of the
  facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 10, Government Code, is
  amended by adding Chapter 2270 to read as follows:
  CHAPTER 2270. PROHIBITED TRANSACTIONS
         Sec. 2270.001.  DEFINITIONS. In this chapter:
               (1)  "Affiliate" means a person that has a legal
  relationship with another person that is 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 that authorizes the person to use the other
  person's brand name, trademark, service mark, or other registered
  identification mark.
               (2)  "Elective abortion" means an abortion that is not
  medically necessary to save the life of the pregnant female on whom
  the abortion is performed.
               (3)  "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.
               (4)  "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 does not include the
  provision of basic governmental services, including fire and police
  protection.
         Sec. 2270.002.  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 with an abortion facility licensed under
  Chapter 245, Health and Safety Code, that performs elective
  abortions or an affiliate of the facility that performs elective
  abortions.
         (b)  This section does not apply to a taxpayer resource
  transaction that involves a federal law that conflicts with
  Subsection (a) as determined by the executive commissioner of the
  Health and Human Services Commission.
         Sec. 2270.003.  INJUNCTION. (a) The attorney general may
  bring an action in the name of the state to enjoin a violation of
  Section 2270.002. 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 2270, Government Code, as added by this
  Act, applies only to a 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 September 1, 2017.