Bill Text: TX HB3544 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to prohibited state contracts with vendors that perform elective abortions, destructive embryonic stem cell research, or human cloning or that conduct research on human fetal tissue.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-31 - Referred to State Affairs [HB3544 Detail]
Download: Texas-2017-HB3544-Introduced.html
85R11639 YDB-F | ||
By: Cain | H.B. No. 3544 |
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relating to prohibited state contracts with vendors that perform | ||
elective abortions, destructive embryonic stem cell research, or | ||
human cloning or that conduct research on human fetal tissue. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2155, Government Code, is | ||
amended by adding Section 2155.0061 to read as follows: | ||
Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS | ||
FROM CERTAIN VENDORS. (a) In this section: | ||
(1) "Abortion" has the meaning assigned by Section | ||
171.002, Health and Safety Code. | ||
(2) "Affiliate" means an entity or individual that has | ||
a legal relationship with another entity or individual created or | ||
governed by at least one written document. | ||
(3) "Destructive embryonic stem cell research" means | ||
any research that involves the destruction or disaggregation of a | ||
human embryo. | ||
(4) "Human cloning" means the use of somatic cell | ||
nuclear transfer to produce a human embryo. | ||
(5) "Human embryo" means a living organism of the | ||
species Homo sapiens through the first 56 days of development, | ||
excluding any time during which development is suspended. | ||
(6) "Human fetal tissue" means any gestational human | ||
organ, cell, or tissue from an unborn child. | ||
(7) "Somatic cell" means a cell of a developing or | ||
fully developed human being that is not and will not become a sperm | ||
or egg cell. | ||
(8) "Somatic cell nuclear transfer" means the transfer | ||
of the nucleus of a somatic cell into a human egg cell from which the | ||
nucleus has been removed or rendered inert. | ||
(b) A state agency may not accept a bid from or award a | ||
contract, including a contract for which purchasing authority is | ||
delegated to a state agency, to a vendor that: | ||
(1) performs or promotes elective abortions or is an | ||
affiliate of an entity or individual that performs or promotes | ||
elective abortions; | ||
(2) contracts with an entity or individual that | ||
performs or promotes elective abortions; | ||
(3) intentionally or knowingly: | ||
(A) performs or attempts to perform destructive | ||
embryonic stem cell research or human cloning; | ||
(B) participates in an attempt to perform | ||
destructive embryonic stem cell research or human cloning; | ||
(C) transfers or receives a human embryo for | ||
destructive embryonic stem cell research or a human embryo produced | ||
by human cloning; or | ||
(D) transfers or receives, wholly or partly, any | ||
human egg cell, human sperm cell, human embryo, or somatic cell for | ||
human cloning; | ||
(4) transfers or receives human fetal tissue, cells, | ||
or organs donated by a facility licensed under Chapter 243 or 245, | ||
Health and Safety Code; or | ||
(5) conducts scientific research on human fetal | ||
tissue, cells, or organs donated by a facility licensed under | ||
Chapter 243 or 245, Health and Safety Code. | ||
(c) A bid or contract award subject to the requirements of | ||
this section must include the following statement: | ||
"Under Section 2155.0061, Government Code, the vendor | ||
certifies that the entity or individual named in this bid or | ||
contract is not ineligible to receive the specified contract and | ||
acknowledges that this contract may be terminated and payment | ||
withheld if this certification is inaccurate." | ||
(d) A state agency that determines that a vendor is | ||
ineligible to have a bid accepted or contract awarded under | ||
Subsection (b) shall immediately terminate the bid or contract | ||
without further obligation to the vendor. A state agency that | ||
receives information that a vendor submitting a bid for a state | ||
contract or awarded a state contract is in violation of Subsection | ||
(b) shall investigate and make a determination on the validity of | ||
the information. | ||
(e) An entity or individual is not considered an affiliate | ||
of another entity or individual for purposes of this section | ||
unless: | ||
(1) the entity or individual demonstrates, with | ||
respect to the parties to the relationship: | ||
(A) common ownership, management, or control; | ||
(B) the existence of a franchise; or | ||
(C) the granting or extension of a license or | ||
other agreement authorizing the affiliate to use the other entity's | ||
or individual's brand name, trademark, service mark, or other | ||
registered identification mark; | ||
(2) the written document evidencing the affiliation is | ||
a certificate of formation, a franchise agreement, standards of | ||
affiliation, bylaws, articles of incorporation, or a license; and | ||
(3) the written document evidencing the affiliation is | ||
not an agreement related to a physician's participation in a | ||
physician group practice, hospital group agreement, staffing | ||
agreement, management agreement, or collaborative practice | ||
agreement. | ||
(f) An entity or individual promotes an elective abortion | ||
for purposes of this section by advancing, furthering, advocating, | ||
or popularizing the elective abortion by: | ||
(1) taking affirmative action to secure elective | ||
abortion services for a patient, including: | ||
(A) making an appointment; | ||
(B) obtaining consent for the elective abortion; | ||
(C) arranging for transportation; | ||
(D) negotiating a reduction in an elective | ||
abortion provider fee; | ||
(E) arranging or scheduling an elective abortion | ||
procedure; or | ||
(F) referring a woman to an entity or individual | ||
that performs elective abortions; | ||
(2) providing or displaying to a patient information | ||
that publicizes or advertises an elective abortion service or | ||
provider; or | ||
(3) using, displaying, or operating under a brand | ||
name, trademark, service mark, or registered identification mark of | ||
an organization that performs or promotes elective abortions. | ||
(g) An entity or individual does not promote an elective | ||
abortion for purposes of this section by providing to a patient on | ||
request: | ||
(1) neutral, factual information; or | ||
(2) nondirective counseling. | ||
(h) This section does not create a cause of action to | ||
contest a bid or award of a state contract. | ||
SECTION 2. The changes in law made by this Act apply only in | ||
relation to a contract for which a state agency first advertises or | ||
otherwise solicits bids, proposals, offers, or qualifications on or | ||
after the effective date of this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |