S.B. No. 2376

AN ACT

relating to the issuance of Support Adoption specialty license plates and to the Support Adoption account and certain voluntary contributions to that account.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 402.036, Government Code, is amended to read as follows:

Sec. 402.036. SUPPORT ADOPTION [CHOOSE LIFE] ACCOUNT.

SECTION 2. Sections 402.036(a), (b), (b-1), (e), (f), and (g), Government Code, are amended to read as follows:

(a) The Support Adoption [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 Sections [Section] 504.662 and 521.015, Transportation Code; and

(2) gifts, grants, donations, and legislative appropriations.

(b) The attorney general administers the Support Adoption [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, including the cost of advertising authorized by Subsection (b-1).

(b-1) The attorney general may advertise that fees paid for the issuance of a license plate in accordance with Section 504.662, Transportation Code, may be used to fund the grants described by Subsection (b)(1), provided that the money spent under this subsection does not exceed two percent of the amount of gross receipts deposited to the Support Adoption [Choose Life] account during the preceding state fiscal year.

(e) The attorney general by rule shall establish:

(1) guidelines for the expenditure of money credited to the Support Adoption [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 children [infants] who are awaiting placement with adoptive parents, to provide training and advertising relating to adoption, and to provide pregnancy testing or pre-adoption or postadoption counseling, but may not be used to pay an administrative, legal, or capital expense.

(g) In this section, "eligible organization" means:

(1) an organization in this state that:

(A) [(1)] is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt charitable organization under Section 501(c)(3) of that code;

(B) [(2)] provides counseling and material assistance to pregnant women who are considering placing their children for adoption or to prospective adoptive parents;

(C) [(3)] does not charge for services provided, except for adoption-related costs or fees;

(D) [(4)] does not provide abortions or abortion-related services or make referrals to abortion providers;

(E) [(5)] is not affiliated with an organization that provides abortions or abortion-related services or makes referrals to abortion providers; and

(F) [(6)] does not contract with an organization that provides abortions or abortion-related services or makes referrals to abortion providers;

(2) an adoption agency, as defined by Section 162.402, Family Code; and

(3) an authorized agency, as defined by Section 162.402, Family Code.

SECTION 3. The heading to Section 402.037, Government Code, is amended to read as follows:

Sec. 402.037. SUPPORT ADOPTION [CHOOSE LIFE] ADVISORY COMMITTEE.

SECTION 4. Sections 402.037(a) and (b), Government Code, are amended to read as follows:

(a) The attorney general shall appoint a seven-member Support Adoption [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 402.036(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 Support Adoption [Choose Life] account.

SECTION 5. Section 504.662, Transportation Code, is amended to read as follows:

Sec. 504.662. SUPPORT ADOPTION [CHOOSE LIFE] LICENSE PLATES. (a) The department shall issue specially designed license plates that include the words "Support Adoption [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 Support Adoption [Choose Life] account established by Section 402.036, Government Code.

SECTION 6. Subchapter A, Chapter 521, Transportation Code, is amended by adding Section 521.015 to read as follows:

Sec. 521.015. VOLUNTARY CONTRIBUTION TO SUPPORT ADOPTION. (a) When a person applies for an original or renewal driver's license or personal identification certificate under this chapter, the person may contribute any amount to the Support Adoption account established by Section 402.036, Government Code, to support adoption.

(b) The department shall:

(1) include space on the first page of each application for an original or renewal driver's license or personal identification certificate that allows a person applying for an original or renewal driver's license or personal identification certificate to indicate the amount that the person is voluntarily contributing to the account; and

(2) provide an opportunity for the person to contribute to the account during the application process for an original or renewal driver's license or personal identification certificate on the department's Internet website.

(c) The department shall send any contribution made under this section to the comptroller for deposit to the credit of the Support Adoption account established by Section 402.036, Government Code, not later than the 14th day of each month. Before sending the money to the comptroller, the department may deduct money equal to the amount of reasonable expenses for administering this section.

SECTION 7. Not later than December 31, 2023, the Department of Public Safety shall provide an opportunity for a person who applies for an original or renewal driver's license or personal identification certificate to make a voluntary contribution to support adoption, as required by Section 521.015, Transportation Code, as added by this Act.

SECTION 8. This Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 2376 passed the Senate on May 15, 2023, by the following vote: Yeas 28, Nays 3; and that the Senate concurred in House amendment on May 26, 2023, by the following vote: Yeas 28, Nays 3.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 2376 passed the House, with amendment, on May 24, 2023, by the following vote: Yeas 142, Nays 0, one present not voting.

______________________________ Chief Clerk of the House

Approved:

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Date

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Governor