SB33 - 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.

      S.B. No. 33         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 :                 (1)   an abortion provider or an affiliate of an   abortion provider ; or                 (2)     an abortion assistance entity for the purpose of   providing an abortion or abortion assistance .          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 may bring an action against any   party, other than the woman who may procure or procures an abortion,   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.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 33 passed the Senate on   April 16, 2025, by the following vote: Yeas 22, Nays 9; and that   the Senate concurred in House amendment on May 26, 2025, by the   following vote: Yeas 22, Nays 9.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 33 passed the House, with   amendment, on May 22, 2025, by the following vote: Yeas 87,   Nays 58, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor