By: Carona  S.B. No. 1098
         (In the Senate - Filed February 24, 2009; March 13, 2009,
  read first time and referred to Committee on Transportation and
  Homeland Security; April 8, 2009, rereferred to Committee on Health
  and Human Services; April 22, 2009, reported favorably by the
  following vote:  Yeas 7, Nays 1; April 22, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the issuance of "Choose Life" license plates and the
  creation of the Choose Life account in the general revenue fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 504, Transportation Code,
  is amended by adding Section 504.659 to read as follows:
         Sec. 504.659.  CHOOSE LIFE LICENSE PLATES. (a)  The
  department shall issue specially designed license plates that
  include the words "Choose Life."  The department shall design the
  license plates in consultation with the attorney general.
         (b)  After deduction of the department's administrative
  costs, the department shall deposit the remainder of the fee for
  issuance of license plates under this section in the state treasury
  to the credit of the Choose Life account established by Section
  402.035, Government Code.
         SECTION 2.  Subchapter B, Chapter 402, Government Code, is
  amended by adding Sections 402.035 and 402.036 to read as follows:
         Sec. 402.035.  CHOOSE LIFE ACCOUNT. (a)  The Choose Life
  account is a separate account in the general revenue fund. The
  account is composed of:
               (1)  money deposited to the credit of the account under
  Section 504.659, Transportation Code; and
               (2)  gifts, grants, donations, and legislative
  appropriations.
         (b)  The attorney general administers the Choose Life
  account. The attorney general may spend money credited to the
  account only to:
               (1)  make grants to an eligible organization; and
               (2)  defray the cost of administering the account.
         (c)  The attorney general may not discriminate against an
  eligible organization because it is a religious or nonreligious
  organization.
         (d)  The attorney general may accept gifts, donations, and
  grants from any source for the benefit of the account.
         (e)  The attorney general by rule shall establish:
               (1)  guidelines for the expenditure of money credited
  to the Choose Life account; and
               (2)  reporting and other mechanisms necessary to ensure
  that the money is spent in accordance with this section.
         (f)  Money received by an eligible organization under this
  section may be spent only to provide for the material needs of
  pregnant women who are considering placing their children for
  adoption, including the provision of clothing, housing, prenatal
  care, food, utilities, and transportation, to provide for the needs
  of infants who are awaiting placement with adoptive parents, to
  provide training and advertising relating to adoption, and to
  provide pregnancy testing or preadoption or postadoption
  counseling, but may not be used to pay an administrative, legal, or
  capital expense.
         (g)  In this section, "eligible organization" means an
  organization in this state that:
               (1)  qualifies as a charitable organization under
  Section 501(c)(3), Internal Revenue Code of 1986;
               (2)  provides counseling and material assistance to
  pregnant women who are considering placing their children for
  adoption;
               (3)  does not charge for services provided;
               (4)  does not provide abortions or abortion-related
  services or make referrals to abortion providers;
               (5)  is not affiliated with an organization that
  provides abortions or abortion-related services or makes referrals
  to abortion providers; and
               (6)  does not contract with an organization that
  provides abortions or abortion-related services or makes referrals
  to abortion providers.
         Sec. 402.036.  CHOOSE LIFE ADVISORY COMMITTEE. (a)  The
  attorney general shall appoint a seven-member Choose Life advisory
  committee.
         (b)  The committee shall:
               (1)  meet at least twice a year or as called by the
  attorney general;
               (2)  assist the attorney general in developing rules
  under Section 402.035(e); and
               (3)  review and make recommendations to the attorney
  general on applications submitted to the attorney general for
  grants funded with money credited to the Choose Life account.
         (c)  Members of the committee serve without compensation and
  are not entitled to reimbursement for expenses. Each member serves
  a term of four years, with the terms of three or four members
  expiring on January 31 of each odd-numbered year.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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