| (a) Legislative intent. It is the intent of the Texas
Legislature that FPP must be operated only in a manner that ensures
that no funds spent under the program are used to:
(1) perform or promote elective abortions; or
(2) contract with entities that perform or promote
elective abortions or affiliates of such entities.
(b) Limitation on administration. HHSC, as the agency
responsible for administering FPP, is subject to the conditions specified
in state law and legislative appropriations. Its authority to operate
the program is thus strictly limited, and HHSC has no authority to
operate FPP except in compliance with such conditions.
(c) Nonseverable provisions.
(1) Section 382.105(1) of this subchapter (relating
to Definitions) and §382.115 of this subchapter (relating to
Family Planning Program Health Care Providers) are necessary and integral
to the implementation of the requirements of state law and legislative
appropriations and the achievement of the objectives of FPP. As such,
HHSC regards the provisions and application of these sections as essential
aspects of HHSC's compliance with state law and, therefore, not severable
from the other provisions of this subchapter.
(2) Accordingly, to the extent that §382.105(1), §382.115,
or this section is determined by a court of competent jurisdiction
to be unconstitutional or unenforceable, or to the degree an official
or employee of HHSC or the State of Texas is enjoined from enforcing
these sections, HHSC will regard this entire subchapter as invalid
and unenforceable and will cease operation of the program.
(d) Severable provisions. To the extent that any part
of this subchapter other than §382.105(1), §382.115, or
this section are enjoined, HHSC may enforce the parts of the subchapter
not affected by such injunctive relief to the extent that HHSC determines
it can do so consistent with legislative intent and the objectives
of this subchapter.
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