Frank Bill Bars Contractors Tied To Abortion Info, Except Incumbents

The text as introduced · 1,126 words

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.