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.