85R11639 YDB-F     By: Cain H.B. No. 3544       A BILL TO BE ENTITLED   AN ACT   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.