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AN ACT
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relating to the issuance of Support Adoption specialty license |
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plates and to the Support Adoption account and certain voluntary |
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contributions to that account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 402.036, Government Code, |
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is amended to read as follows: |
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Sec. 402.036. SUPPORT ADOPTION [CHOOSE LIFE] ACCOUNT. |
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SECTION 2. Sections 402.036(a), (b), (b-1), (e), (f), and |
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(g), Government Code, are amended to read as follows: |
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(a) The Support Adoption [Choose Life] account is a separate |
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account in the general revenue fund. The account is composed of: |
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(1) money deposited to the credit of the account under |
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Sections [Section] 504.662 and 521.015, Transportation Code; and |
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(2) gifts, grants, donations, and legislative |
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appropriations. |
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(b) The attorney general administers the Support Adoption |
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[Choose Life] account. The attorney general may spend money |
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credited to the account only to: |
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(1) make grants to an eligible organization; and |
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(2) defray the cost of administering the account, |
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including the cost of advertising authorized by Subsection (b-1). |
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(b-1) The attorney general may advertise that fees paid for |
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the issuance of a license plate in accordance with Section 504.662, |
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Transportation Code, may be used to fund the grants described by |
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Subsection (b)(1), provided that the money spent under this |
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subsection does not exceed two percent of the amount of gross |
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receipts deposited to the Support Adoption [Choose Life] account |
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during the preceding state fiscal year. |
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(e) The attorney general by rule shall establish: |
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(1) guidelines for the expenditure of money credited |
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to the Support Adoption [Choose Life] account; and |
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(2) reporting and other mechanisms necessary to ensure |
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that the money is spent in accordance with this section. |
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(f) Money received by an eligible organization under this |
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section may be spent only to provide for the material needs of |
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pregnant women who are considering placing their children for |
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adoption, including the provision of clothing, housing, prenatal |
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care, food, utilities, and transportation, to provide for the needs |
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of children [infants] who are awaiting placement with adoptive |
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parents, to provide training and advertising relating to adoption, |
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and to provide pregnancy testing or pre-adoption or postadoption |
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counseling, but may not be used to pay an administrative, legal, or |
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capital expense. |
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(g) In this section, "eligible organization" means: |
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(1) an organization in this state that: |
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(A) [(1)] is exempt from federal income taxation |
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under Section 501(a), Internal Revenue Code of 1986, by being |
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listed as an exempt charitable organization under Section 501(c)(3) |
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of that code; |
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(B) [(2)] provides counseling and material |
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assistance to pregnant women who are considering placing their |
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children for adoption or to prospective adoptive parents; |
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(C) [(3)] does not charge for services provided, |
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except for adoption-related costs or fees; |
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(D) [(4)] does not provide abortions or |
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abortion-related services or make referrals to abortion providers; |
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(E) [(5)] is not affiliated with an organization |
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that provides abortions or abortion-related services or makes |
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referrals to abortion providers; and |
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(F) [(6)] does not contract with an organization |
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that provides abortions or abortion-related services or makes |
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referrals to abortion providers; |
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(2) an adoption agency, as defined by Section 162.402, |
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Family Code; and |
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(3) an authorized agency, as defined by Section |
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162.402, Family Code. |
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SECTION 3. The heading to Section 402.037, Government Code, |
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is amended to read as follows: |
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Sec. 402.037. SUPPORT ADOPTION [CHOOSE LIFE] ADVISORY |
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COMMITTEE. |
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SECTION 4. Sections 402.037(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The attorney general shall appoint a seven-member |
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Support Adoption [Choose Life] advisory committee. |
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(b) The committee shall: |
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(1) meet at least twice a year or as called by the |
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attorney general; |
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(2) assist the attorney general in developing rules |
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under Section 402.036(e); and |
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(3) review and make recommendations to the attorney |
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general on applications submitted to the attorney general for |
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grants funded with money credited to the Support Adoption [Choose |
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Life] account. |
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SECTION 5. Section 504.662, Transportation Code, is amended |
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to read as follows: |
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Sec. 504.662. SUPPORT ADOPTION [CHOOSE LIFE] LICENSE |
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PLATES. (a) The department shall issue specially designed |
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license plates that include the words "Support Adoption [Choose |
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Life]." The department shall design the license plates in |
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consultation with the attorney general. |
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(b) After deduction of the department's administrative |
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costs, the department shall deposit the remainder of the fee for |
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issuance of license plates under this section in the state treasury |
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to the credit of the Support Adoption [Choose Life] account |
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established by Section 402.036, Government Code. |
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SECTION 6. Subchapter A, Chapter 521, Transportation Code, |
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is amended by adding Section 521.015 to read as follows: |
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Sec. 521.015. VOLUNTARY CONTRIBUTION TO SUPPORT |
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ADOPTION. (a) When a person applies for an original or renewal |
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driver's license or personal identification certificate under this |
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chapter, the person may contribute any amount to the Support |
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Adoption account established by Section 402.036, Government Code, |
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to support adoption. |
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(b) The department shall: |
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(1) include space on the first page of each |
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application for an original or renewal driver's license or personal |
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identification certificate that allows a person applying for an |
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original or renewal driver's license or personal identification |
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certificate to indicate the amount that the person is voluntarily |
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contributing to the account; and |
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(2) provide an opportunity for the person to |
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contribute to the account during the application process for an |
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original or renewal driver's license or personal identification |
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certificate on the department's Internet website. |
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(c) The department shall send any contribution made under |
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this section to the comptroller for deposit to the credit of the |
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Support Adoption account established by Section 402.036, |
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Government Code, not later than the 14th day of each month. Before |
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sending the money to the comptroller, the department may deduct |
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money equal to the amount of reasonable expenses for administering |
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this section. |
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SECTION 7. Not later than December 31, 2023, the Department |
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of Public Safety shall provide an opportunity for a person who |
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applies for an original or renewal driver's license or personal |
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identification certificate to make a voluntary contribution to |
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support adoption, as required by Section 521.015, Transportation |
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Code, as added by this Act. |
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SECTION 8. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2376 passed the Senate on |
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May 15, 2023, by the following vote: Yeas 28, Nays 3; and that the |
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Senate concurred in House amendment on May 26, 2023, by the |
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following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2376 passed the House, with |
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amendment, on May 24, 2023, by the following vote: Yeas 142, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |