C.S.H.B. 1655 78(R)    BILL ANALYSIS


C.S.H.B. 1655
By: Wohlgemuth
State Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The state has the right to advocate for particular public policies that
are deemed appropriate by the legislature.  The state has frequently
exercised this right with respect to speciality license plates, as it has
sanctioned a number of advocacy messages such as "Be an Organ Donor,"
"Animal Friendly," and "Read to Succeed."  Many of these plates raise
funds for specific organizations and/or issues. The purpose of C.S.H.B.
1655 is to create "Choose Life" specialty license plates that would raise
funds to assist pregnant women who are considering placing their children
for adoption, to provide for the needs of infants awaiting adoption, and
for counseling, training, and pregnancy testing.   

RULEMAKING AUTHORITY

It is the opinion of the committee that rulemaking authority is expressly
granted to the attorney general in SECTION 2 (Section 402.031(e),
Government Code) of this bill. 

ANALYSIS

C.S.H.B. 1655 amends Subchapter F, Chapter 502, of the Transportation Code
to require the Texas Department of Transportation (TXDOT) to issue
specially designed license plates that include the words "Choose Life."
The license plates shall be designed in consultation with the attorney
general. The revenue raised by the $30 fee for each plate would send $5 to
the state highway fund and $25 to the Choose Life account established in
the State Treasury. 

C.S.H.B. 1655 amends Subchapter B, Chapter 402, of the Government Code to
provide that the Choose Life account is a separate account in the general
revenue fund composed of money deposited to the credit of the account
through the sale of "Choose Life" license plates, as well as gifts,
grants, donations, and legislative appropriations.  The bill provides that
the attorney general administers the Choose Life account, and is
authorized to spend money credited to the account to defray administrative
expenses and to award grants to eligible charitable organizations.  The
bill provides a detailed definition of an "eligible organization" that may
receive grants under the Act.  The bill prohibits the attorney general
from discriminating against an eligible organization because it is a
religious or nonreligious organization.  The bill provides that at least
50 percent of any money received by an eligible organization must be spent
to provide for the needs of pregnant women who are considering placing
their children for adoption, and for the needs of infants who are awaiting
placement with adoptive parents.  The bill further provides that any
remaining money may be used to provide counseling, training, and pregnancy
testing, but may not be used to pay an administrative, legal, or capital
expense. The bill also requires the attorney general to appoint a Choose
Life advisory committee to assist in decisions regarding  expenditures,
reporting, and grants funded by money credited to the account.  

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1655 adds language which prohibits the attorney general from
discriminating against an eligible organization because it is a religious
or nonreligious organization.  The substitute also adds  language which
details the appropriate ways in which money from the Choose Life account
that is granted to an eligible organization may be spent.