Cain’s bill barring government deals with abortion funds

The text as introduced · 857 words

By: Cain
H.B. No. 3200

A BILL TO BE ENTITLED

AN ACT

prohibiting certain transactions between governmental entities and

abortion funds, as well as entities engaged in a pattern of

racketeering activity as defined by federal law.

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

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

read as follows:

Sec. 2273.001. DEFINITIONS. In this chapter:

(1) "Abortion" has the meaning assigned by Section

245.002, Health and Safety Code.

(2) "Abortion fund" means a person, corporation,

organization, government or governmental subdivision or agency,

business trust, estate, trust, partnership, association, or any

other legal entity that exists for the purpose of aiding or abetting

elective abortions, and that pays for, reimburses, or subsidizes in

any way the costs associated with obtaining an elective abortion;

(3) "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 to perform more

than 50 abortions in any 12-month period.

(4) [ (3) ] "Affiliate" means a person or entity who

enters into with another person or entity 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 or entity

to the affiliate; or

(C) the granting or extension of a license or

other agreement authorizing the affiliate to use the other person's

or entity's brand name, trademark, service mark, or other

registered identification mark.

(5) [ (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.

(6) "Elective abortion" means any abortion other than

those performed or induced in response to a medical emergency;

(7) "Medical emergency" means a condition in which an

abortion is necessary to preserve the life of a pregnant woman whose

life is endangered by a physical disorder, physical illness, or

physical injury, including a life-endangering physical condition

caused by or arising from the pregnancy itself;

(8) [ (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 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 public

services, including fire and police protection and utilities, by a

governmental entity to an abortion provider or affiliate in the

same manner as the entity provides the services to the general

public. The term includes advocacy or lobbying by or on behalf of a

governmental entity on behalf of the interests of an abortion

provider or affiliate, but does not include:

(A) an officer or employee of a governmental

entity providing information to a member of the legislature or

appearing before a legislative committee at the request of the

member or committee;

(B) an elected official advocating for or against

or otherwise influencing or attempting to influence the outcome of

legislation pending before the legislature while acting in the

capacity of an elected official; or

(C) an individual speaking as a private citizen

on a matter of public concern.

SECTION 2. Section 2273.003, Government Code, is amended to

read as follows:

Sec. 2273.003. ABORTION FUND, 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 :

(1) an abortion fund;

(2) an abortion provider ;

(3) [ or ] an affiliate of an abortion fund or an

abortion provider ; or

(4) any person or entity engaged in a pattern of

racketeering activity as defined in 18 U.S.C. §§ 1961-1962,

including:

(A) Racketeering activity that violates 18

U.S.C. § 1461 by using the mails for the mailing, carriage in the

mails, or delivery of:

(i) Any article or thing designed, adapted,

or intended for producing abortion; or

(ii) Any article, instrument, substance,

drug, medicine, or thing which is advertised or described in a

manner calculated to lead another to use or apply it for producing

abortion; and

(B) Racketeering activity that violates 18

U.S.C. § 1462 by:

(i) Using any express company or other

common carrier or interactive computer service for carriage in

interstate or foreign commerce of any drug, medicine, article, or

thing designed, adapted, or intended for producing abortion;

(ii) Knowingly taking or receiving, from

such express company or other common carrier or interactive

computer service, any matter or thing described in subsection

(B)(i) .

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

transaction 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 3. This Act takes effect September 1, 2025.