HB3200 - 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.

      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.