Noble Bill Stretches ‘Abortion Provider’ To Doctors And Hospitals

The text as introduced · 861 words

89R3619 MPF-F

By: Noble
H.B. No. 1806

A BILL TO BE ENTITLED

AN ACT

relating to certain prohibited transactions and logistical support

between a governmental entity and an abortion assistance entity or

abortion provider for the procurement of an abortion or related

services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2273.001, Government Code, is amended by

adding Subdivision (1-a) and amending Subdivision (2) to read as

follows:

(1-a) "Abortion assistance entity" means a person that

procures or facilitates a woman's procurement of an abortion by

engaging in any of the following acts:

(A) offering or providing money to pay for,

reimburse, or offset the costs of obtaining an abortion or the costs

incurred by or associated with seeking an abortion, regardless of

the location at which the abortion occurs;

(B) paying for, planning, or executing plans for

travel accommodations, including transportation, meals, or

lodging, with the intent of facilitating the procurement of an

abortion, regardless of the location at which the abortion occurs;

(C) offering, providing, or paying for any type

of service or logistical support, including child care or abortion

doula services, to facilitate the procurement of an abortion; or

(D) collecting or distributing an

abortion-inducing drug, as that term is defined by Section 171.061,

Health and Safety Code, to increase access to those drugs.

(2) "Abortion provider" means a person who performs or

induces an abortion [ :

[ (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 to perform

more than 50 abortions in any 12-month period ].

SECTION 2. Section 2273.003(a), Government Code, is amended

to read as follows:

(a) Except as provided by Subsection (b), a governmental

entity may not enter into a taxpayer resource transaction with an

abortion provider , [ or ] an affiliate of an abortion provider , or an

abortion assistance entity .

SECTION 3. Chapter 2273, Government Code, is amended by

adding Section 2273.0031 to read as follows:

Sec. 2273.0031. LOGISTICAL SUPPORT PROHIBITED. (a) Except

as provided by Subsection (b), a governmental entity may not enter

into a taxpayer resource transaction or appropriate or spend money

to provide to any person logistical support for the express purpose

of assisting a woman with procuring an abortion or the services of

an abortion provider. Logistical support includes providing money

for:

(1) child care;

(2) travel or any form of transportation to or from an

abortion provider;

(3) lodging;

(4) food or food preparation;

(5) counseling that encourages a woman to have an

abortion; and

(6) any other service that facilitates the provision

of an abortion.

(b) This section does not apply to a taxpayer resource

transaction entered into or money appropriated or spent by a

governmental entity that is subject to a federal law in conflict

with Subsection (a) as determined by the executive commissioner of

the Health and Human Services Commission and confirmed in writing

by the attorney general.

SECTION 4. Section 2273.004, Government Code, is amended to

read as follows:

Sec. 2273.004. CIVIL REMEDY [ INJUNCTION ]; WAIVER OF

IMMUNITY. (a) The attorney general , a resident of this state, or

an individual residing within a political subdivision of this state

may bring an action against any party to the actual or proposed

prohibited transaction, appropriation, or expenditure, as

applicable, of a governmental entity that violates or is seeking to

violate Section 2273.003 or 2273.0031 and is entitled to recover in

the action:

(1) declaratory relief;

(2) injunctive relief that terminates and reimburses

any value conferred by the prohibited transaction, appropriation,

or expenditure and enjoins the party from entering into a

prohibited transaction, appropriation, or expenditure in the

future;

(3) court costs; and

(4) reasonable attorney's fees [ in the name of the

state to enjoin a violation of Section 2273.003. 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 and

abolished to the extent of liability created by Subsection (a).

(c) Notwithstanding any other law:

(1) a court may not award costs or attorney's fees

under Rule 91a, Texas Rules of Civil Procedure, or under another

rule the supreme court adopts under Section 22.004(g) to any

defendant against whom an action is brought under this section; and

(2) Chapters 27 and 110, Civil Practice and Remedies

Code, do not apply to an action brought under this section.

SECTION 5. It is the intent of the legislature that every

provision, section, subsection, sentence, clause, phrase, or word

in this Act, and every application of the provisions in this Act to

each person or entity, is severable from each other. If any

application of any provision in this Act to any person, group of

persons, or circumstances is found by a court to be invalid for any

reason, the remaining applications of that provision to all other

persons and circumstances shall be severed and may not be affected.

SECTION 6. This Act takes effect September 1, 2025.