85R22027 SCL-F     By: Springer, Cook, Capriglione, Burkett, H.B. No. 1936       Shine, et al.     Substitute the following for H.B. No. 1936:     By:  Cook C.S.H.B. No. 1936       A BILL TO BE ENTITLED   AN ACT   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 2270 to read as follows:   CHAPTER 2270. PROHIBITED TRANSACTIONS          Sec. 2270.001.  DEFINITIONS. In this chapter:                (1)  "Abortion" means an act or procedure performed   after pregnancy has been medically verified and with the intent to   cause the termination of a pregnancy other than for the purpose of   either the birth of a live fetus or removing a dead fetus. The term   does not include birth control devices or oral contraceptives.                (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 substantially for   the purpose of performing abortions.                (3)  "Affiliate" means a person or entity who has a   legal relationship with another person or entity 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 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 does not include the   provision of basic governmental services, including fire and police   protection.          Sec. 2270.002.  APPLICABILITY.  For purposes of this   chapter, a facility is not considered to be an abortion provider   solely on the basis that an abortion is performed at the facility   during a medical emergency in accordance with Section 245.016,   Health and Safety Code.          Sec. 2270.003.  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 that involves 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. 2270.004.  INJUNCTION. (a) The attorney general may   bring an action in the name of the state to enjoin a violation of   Section 2270.003. 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 2270, 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 September 1, 2017.