89R9806 KRM-D     By: Frank H.B. No. 5285       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.