Texas Bill Prohibiting State Contracts with Abortion Providers (HB 4407)

HB 4407 would prohibit a state agency from contracting with vendors that perform elective abortions, embryonic stem cell research, or conduct research on human fetal tissue.

The state would be prohibited from accepting a bid from, or awarding a contract to, a vendor that:

• performs or promotes elective abortions or is an affiliate of an entity or individual that performs or promotes elective abortions;
• contracts with an entity or individual that performs or promotes elective abortions;
• intentionally or knowingly:
  • performs or attempts to perform destructive embryonic stem cell research or human cloning;
  • participates in an attempt to perform destructive embryonic stem cell research or human cloning;
  • transfers or receives a human embryo for destructive embryonic stem cell research or a human embryo produced by human cloning; or
  • transfers or receives, wholly or partly, any human egg cell, human sperm cell, human embryo, or somatic cell for human cloning; or
• transfers, receives, or conducts scientific research on donated human fetal tissue, cells, or organs.

The bill clarifies that “promoting” an elective abortion includes:

• securing elective abortion services for a patient through affirmative action;
• providing or displaying to a patient information that publicizes or advertises an elective abortion service or provider; or
• using, displaying, or operating under a brand name, trademark, service mark, or other registered identification mark of an entity or individual that performs or promotes elective abortions.

The law would not provide for a cause of action to contest a bid or award of a state contract.

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Related Legislation

Similar to HB 3544, which failed to pass in 2017.

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Latest Action

3/8/19 – Introduced.

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